6 Notes When Suing A Land Over Dispute in Vietnam

Land over dispute is considered one of the most common and complex disputes. There are many ways to settle land disputes such as agreement, mediation, sue. Currently, many people choose to sue in court. So, when suing a land over dispute, what principles should the petitioner pay attention to and follow to ensure the correct procedures? In this article, Lac Duy & Associates will provide readers with some notes when suing a land dispute in court.

1. It must be determined whether the dispute is a land dispute or not

In fact, there are many cases of confusion between land over disputes and land-related disputes. And because the procedures for settling these two types of disputes are different, it leads to improper jurisdiction and procedures settlement.

[1]A land over dispute is a dispute that determines who has the right to use the land, specifically: a dispute over who has the right to use the whole or a part of the land parcel, including the boundary dispute between adjacent parcels of land.

A land-related dispute is a dispute over rights and obligations between parties in civil relations related to land such as transactions, inheritance, and common property being land use rights. Common types of land-related disputes include:

• Disputes over transactions related to land use rights (transfer, donation…);
• Disputes over inheritance as land use rights;
• Disputes over common property are land use rights between husband and wife upon divorce.

2. Mediation must be done at the commune-level People’s Committee before suing

Clause 2, Article 3 of Resolution 04/2017/NQ-HDTP stipulates: “For a dispute about who has the right to use the land but has not yet been mediated at the People’s Committee of the commune, ward or township where the disputed land is located. According to the provisions of Article 202 of the Land Law 2013, it is determined that it has not yet fully met the conditions to sue as Point b, Clause 1, Article 192 of the Civil Procedure Code 2015”. That is, before suing in Court, land disputes must be mediated at the People’s Committee of the commune where the land is located.

3. Must consider the possibility of winning the lawsuit

Before deciding to sue in the Court, the petitioner needs to consider the possibility of winning the lawsuit because:

• If the lawsuit is lost, the plaintiff must pay the court fee. In particular, for disputes which the higher the value of the property, the higher the court fee;
• The time to sue in the Court is often long, requiring the plaintiff to spend time closely following the lawsuit settlement process.

The basis for the plaintiff to consider his or her ability to win the lawsuit is evidence. The petitioner must have evidence to prove that his land dispute claim is true. To become evidence, it must have 03 attributes: Objectivity; Relevance to the circumstances of the lawsuit; Legality[2]. The petitioner needs to pay attention to consider or ask a lawyer to consider whether the evidence he has presented meets the provisions of the law, can prove his claim is correct or not when suing so as not to waste time and money.

4. It is necessary to correctly determine the competent Court to settle land disputes

After completing the lawsuit file, the petitioner must file the petition with the competent Court. The determination of the Court’s jurisdiction is carried out according to the following steps:

Step 1: Determine jurisdiction by civil cases

According to Clause 9, Article 26 of the 2015 the Civil Procedure Code 2015, disputes over land according to legislation on land under the courts’ jurisdiction.

Step 2: Determine jurisdiction by level

According to Point a, Clause 1 and 3, Article 35 of the Civil Procedure Code 2015, disputes over land under jurisdiction of People’s Courts of districts, except which involve parties or properties in foreign countries, or which must be judicially entrusted to representative agencies of the Socialist Republic of Vietnam overseas.

Step 3: Determine jurisdiction by territory

According to Point c, Clause 1, Article 39 of the Civil Procedure Code 2015, disputes over real estates must be settled by Courts where such real estates are located.

5. Must know the court fee when suing settle a land dispute

According to the list of legal fees promulgated together with Resolution 326/2016/UBTVQH14, the first-instance civil court fees in lawsuits over land disputes are as follows:

TT	The first-instance civil court fees	Court fees
1	Civil disputes (including land) involving no monetary value	300,000 VND
2	Civil disputes (including land) involving monetary value
2.1	From 06 million VND or less	300,000 VND
2.2	From over 06 to 400 million VND	5% of the disputed property value
2.3	From over 400 to 800 million VND	20 million VND + 4% of the disputed property value exceeding VND 400 million.
2.4	From over 800 million VND to 02 billion VND	36 million VND + 3% of the disputed property value exceeding 800 million VND.
2.5	From 02 billion to 04 billion VND	72 million VND + 2% of the disputed property value exceeding 02 billion VND.
2.6	Over 04 billion VND	112 million VND + 0.1% of the disputed property value exceeding 04 billion VND.

6. Long time to settle land disputes at Court

Article 203 of the Civil Procedure Code 2015 stipulates the time limit for trial at the first-instance as follows:

• The maximum time limit for trial preparation is 06 months, specifically: The time limit for trial preparation is 04 months counting from the day on which the cases are accepted. For complicated cases, or when due to force majeure events or objective obstacles, may decide to extend the trial preparation time limits but for not more than 02 months

• Within 01 month from the day on which the decision to bring the case to trial is issued, the Court must open a Court session. In case of good and sufficient reason, this time limit shall be 02 months.

It can be seen that the maximum time limit from the day on which the cases are accepted to the opening of the first-instance court is 08 months, not counting the time the involved parties postpone or the case is suspended or suspended.

Above is the necessary information about the procedures for settling land disputes at the Court. In case, need detailed or other information in related fields, readers can contact Lac Duy & Associates for timely advice and support. Best regards.

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[1] Article 3.24 of the Land Law 2013

[2] Article 93 the Civil Procedure Code 2015