Procedures for consideration, validation, evaluation in the case of land disputes

Legal situation:

I have a dispute over the land boundary with an area of 3m2. I submitted the petition in 2013. In addition, I have provided documents, land drawings since 2014. Up to now, the Court has requested my family to carry out the validation of the disputed area. So, I would like to ask that if the validation is self-made by my family, do we need a document showing the permission of the Court, which issued by the Court? The Court has lasted my case for many years, so will the Court cancel the case? Sincerely thank you.

Answer:

Thank you for trusting and sending your questions to FDVN Law Firm (“FDVN”), after researching the legal provisions, we would like to send you some advice as follows:

According to the provisions of law, litigants requesting the Court to protect their lawful rights and interest must collect, provide, submit to the Court documents, evidence to prove the requests is grounded and legal. These documents can be submitted together with the petition or during the settlement process of the case so that the Court can base on those as a basis for settling the case objectively.

However, under Article 192, 193, and 195 of Civil Procedure Code 2015, the fact that litigants fail to submit the evidence does not fall into one of the cases that the Court returns the petition. The Court will accept and resolve the case based on available evidence.

For the procedures for on-site inspections/appraisals, according to Article 101 of Civil Procedure Code 2015, the procedures for on-site inspections/appraisals will be carried out at the request of the litigants, or when it is deemed necessary, the Judges shall carry out the on-site inspections/appraisals in the presence of representatives of People’s Committees of communes or Police offices of communes/wards/townships or agencies/organizations where exits the objects which need to be inspected/appraised; the on-site inspections/appraisals must be notified in advance so that the involved parties know and witness such inspections/appraisals.

The on-site inspections/appraisals must be recorded in minutes. The minutes must clearly state the inspection/appraisal results, clearly describe the sites, contain the signatures of the persons that conduct the inspections/appraisals and the signatures or fingerprints of the involved parties if they are present, of the representatives of the commune-level People's Committees or Police offices of communes/wards/townships or agencies/organizations where exist the to be-inspected/appraised objects and others that are invited to participate in the inspections/appraisals. After completing the minutes, the persons that conduct the inspections/appraisals must request the representatives of the commune-level People's Committees or Police offices of communes/wards/townships or agencies/organizations where exist the objects which need to be inspected/appraised to sign and seal for certification.

The on-site appraisal minutes will be an evidence source to solve the case. Therefore, in your case, it is crucial to conduct the on-site inspection under the above legal provisions to ensure the proceedings and to have grounds to resolve your case.

Nguyễn Thị Huyền Trang – FDVN Law Firm

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