Recommendations for finishing legal provisions on land dispute settlement within the competence of chairs of the people's levels

Abstract

Land dispute settlement has been the most difficult and complicated work in state administration in general and state administration of land management in specific. According to the Land Law 2013, that competence belongs to the judiciary and the administrative agencies. However, the regulations on the competence to settle land disputes and the relevant legal issues, according to the current law, are still inadequate and inappropriate, leading to ineffectiveness in implementation. That inadequacy comes from the legal provisions on compulsory mediation at the commune-level People's Committees to the concept of land disputes, the division of competence to settle land disputes. Based on the analysis of the current legal provisions on the settlement of land disputes, this article proposes recommendations in policies and laws on land, and establishes appropriate land dispute competence; as a result, improving the efficiency of land dispute settlement in practice, ensuring the legal rights and interests of relevant subjects in the process of land management, exploitation and use in Vietnam today.