Procedures For Settlement Of Land Disputes in Vietnam

Land dispute in Vietnam is a common and complicated type of dispute and often occurs where people do not know where and which agency to settle their disputes. In this article, Lac Duy & Associates will provide readers the procedures for settling land disputes in accordance with current laws.

1. What is a land dispute?

Clause 24, Article 4 of the Land Law 2013 stipulates: “Land dispute means a dispute over the rights and obligations of land users among two or more parties in a land relationship.” Accordingly, a land dispute is a dispute determining who has the right to use the land, specifically: a dispute over who has the right to use the entire land parcel or part of it, including disputes boundaries between adjacent parcels of land.

There are many people who are confused in determining land disputes and land-related disputes, leading to the wrong application of dispute resolution procedures. Disputes related to land are disputes 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. Procedures for settling land disputes

2.1 Conciliation of land disputes

2.1.1 Self- reconciliation or through grassroots conciliation

According to the provisions of Article 202.1 of the Land Law 2013, the Government encourages the parties to conciliate through 02 forms:

• Form 1: Self- reconciliation;

• Form 2: Settlement of land disputes through grassroots conciliation.

The grassroots conciliator will guide and help the parties reach an agreement and voluntarily resolve conflicts and disputes with each other. This is a solution that is encouraged by the Government, so the settlement results are not obligatory by the parties but depend on the goodwill of the parties.

2.1.2 Conciliation at the commune-level People’s Committee

This is a mandatory procedure in settling land disputes. When the disputing parties cannot conciliate, they shall send an application to the People’s Committee of the commune where the disputed land is located for conciliation.[1] Thus, the commune-level People’s Committee only conduct land dispute conciliation when there is a Petition.

Conciliation of land disputes at commune-level People’s Committee will occur in one of the following two cases:

• Case 1: Successful conciliation (end of dispute)

If there is a change in the boundary and land users, the commune-level People’s Committee shall send the Conciliation Minutes to the district-level Division of Natural Resources and Environment. After that, the district-level Division of Natural Resources and Environment submits the case to the district-level People’s Committee a decision to recognize the change in boundaries or renewing the certificate of land use rights, houses and other land-related assets ownership.

• Case 2: Conciliation failed

If conciliation is unsuccessful, depending on each specific case, the law has different solutions (initiate a lawsuit at the Court, request the district-level People’s Committee or the provincial-level People’s Committee to settle).

The conciliation must be made in writing, signed by the parties and certified by the commune-level People’s Committee for successful or unsuccessful conciliation. The Conciliation Minutes shall be sent to the disputing parties and kept at the commune-level People’s Committee where the disputed land is located.

2.2 Request the district-level People’s Committee and the provincial-level People’s Committee to settle

For a land dispute in which the concerned party does not possess a certificate or any of the papers prescribed in Article 100 of the Land Law 2013, the parties may choose between the following two options of settlement:[2]

• Method 1: Filing a written request for dispute settlement at the district-level People’s Committee or the provincial-level People’s Committee (depending on the subject of the dispute).

• Method 2: Filing a lawsuit with a competent People’s Court where the disputed land is located (according to the provisions of laws).

2.3 Filing a lawsuit in Court

Pursuant to Articles 203.1 and 203.2 of the Land Law 2013, litigants’ disputes that can be initiated at the People’s Court include:

• Land disputes in which the concerned parties possess a Certificate or one of the papers specified in Article 100 of the Land Law 2013 and disputes over assets attached to land.

• A land dispute in which the concerned party does not possess a Certificate or one of the papers specified in Article 100 of the Land Law 2013 and does not require the People’s Committee of the district or province to settle the dispute.

Accordingly, in order to initiate a land dispute, the following conditions must be met:

• The petitioner has the right to initiate a lawsuit;

• Disputes falling under the jurisdiction of the Court according to the type of case;

• Unresolved disputes;

• The dispute has been conciliated at the commune-level People’s Committee.

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

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[1] Article 202.2 the Land Law 2013

[2] Article 203.2 the Law Land 2013