What’s The Legal Statute Of Limitations A Lawsuit Over Land Dispute in Vietnam?

A prescriptive period for initiating legal action is the time limit within which an entity has the right to initiate legal action to request a court to resolve a civil case to protect the infringed legal rights or interests of the entity. When such time limit expires, the right to initiate such legal action shall be lost. For each case of dispute, there will be separate regulations on the statute of limitations for initiating lawsuits. In this article, Lac Duy & Associates will provide readers with the current law provisions on the statute of limitations for initiating a land dispute.

Article 155 of the Civil Code 2015 provides:

“A prescriptive period for initiating legal action for a civil case shall not apply in any of the following cases:

• Request for the protection of personal rights not associated with property;

• Request for the protection of ownership rights, unless otherwise provided by this Code or relevant laws.

• Dispute over land use right as prescribed in the Law on land;

• Other cases as provided by law.”

Accordingly, a land dispute falls into one of the cases where the statute of limitations does not apply. When one of the parties realizes that their rights and interests are infringed at any time, they have the right to file a petition to the Court to settle the dispute in accordance with the law and the lawsuit is not limited within a certain period of time.

The involved parties should note that their dispute is a case of a land dispute or a land-related dispute in order to apply appropriate dispute resolution law. Because, for a land dispute, the statute of limitations does not apply, but a land-related dispute has a statute of limitations for initiating a lawsuit and depending on the specific type of dispute, there will be a separate statute of limitations for initiating a lawsuit. Misidentification of the dispute will lead to the fact that the litigant may miss the statute of limitations for initiating a lawsuit and can no longer request the Court to resolve the case to protect his/her legitimate rights and interests. Therefore, readers can refer to our article titled “6 NOTES WHEN SUING A LAND OVER DISPUTE”  for more details on identifying and distinguishing these 02 (two) types of disputes.

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And another note is that the land dispute must go through the mandatory pre-judicial procedure, which is the Conciliation at the grassroots (commune or ward level) before filing at the Court. Therefore, the involved parties can only request the Court to settle after having Conciliation at the grassroots.

The above are the provisions of current law on the prescriptive period for initiating a lawsuit over a land dispute. In case of needing detailed information or other information in related fields, readers can contact Lac Duy & Associates for timely advice and support.

Best regards.