LAND DISPUTE RESOLUTION

CELIGAL is a trusted legal consulting firm providing advisory services, legal support, and litigation representation in land dispute resolution. With many years of experience and a high level of professional expertise, CELIGAL advises, researches, and supports clients in effectively resolving land-related disputes.

We believe that providing accurate and practical legal advice helps clients clearly understand the nature of their disputes as well as their lawful rights and interests, thereby enabling disputes to be resolved efficiently and promptly.

Legal Provisions on Mediation of Land Disputes

Pursuant to Article 202 of the 2013 Land Law, mediation of land disputes is regulated as follows:

• The State encourages disputing parties to voluntarily mediate or resolve land disputes through grassroots mediation.
• If the parties fail to reach a settlement, a petition shall be submitted to the People’s Committee of the commune/ward where the disputed land is located for mediation.
• The Chairperson of the commune-level People’s Committee is responsible for organizing land dispute mediation in the locality and must coordinate with the Vietnam Fatherland Front at the commune level, its member organizations, and other social organizations.
• The mediation procedure at the commune-level People’s Committee must be completed within 45 days from the date of receipt of the dispute resolution request.
• The mediation result must be recorded in written minutes signed by the disputing parties and certified by the commune-level People’s Committee as either successful or unsuccessful mediation. These minutes shall be sent to the disputing parties and retained by the commune-level People’s Committee.

In cases of successful mediation resulting in changes to land boundaries or land users:

• The commune-level People’s Committee shall forward the mediation minutes to the Division of Natural Resources and Environment for disputes among households, individuals, or residential communities;
• Or to the Department of Natural Resources and Environment for other cases.

The competent authority shall submit the matter to the People’s Committee at the same level for a decision recognizing the change in land boundaries and for the issuance of a new Land Use Right Certificate, ownership of houses, and other land-attached assets.

Competent Authorities for Land Dispute Resolution

According to Article 203 of the 2013 Land Law, if land disputes have been mediated at the commune level but remain unresolved, they shall be handled as follows:

• Land disputes where the disputing parties possess a Land Use Right Certificate or other valid documents specified in Article 100 of the 2013 Land Law, and disputes concerning land-attached assets, shall fall under the jurisdiction of the People’s Court.
• For land disputes where the disputing parties do not possess a Land Use Right Certificate or the documents specified in Article 100, the parties may choose one of the following dispute resolution methods:
• Submit a petition for dispute resolution to the competent People’s Committee in accordance with Clause 3, Article 203 of the 2013 Land Law; or
• Initiate a lawsuit at the competent People’s Court in accordance with civil procedure laws.

If the disputing party chooses resolution by a competent People’s Committee, the dispute shall be handled as follows:

• For disputes among households, individuals, or residential communities:
  The Chairperson of the district-level People’s Committee shall resolve the dispute. If the parties disagree with the decision, they may lodge a complaint with the Chairperson of the provincial-level People’s Committee or initiate an administrative lawsuit at the People’s Court.
• For disputes involving organizations, religious institutions, overseas Vietnamese, or foreign-invested enterprises:
  The Chairperson of the provincial-level People’s Committee shall resolve the dispute. If the parties disagree with the decision, they may lodge a complaint with the Minister of Natural Resources and Environment or initiate an administrative lawsuit at the People’s Court.

The competent authority must issue a decision on land dispute resolution, which shall be legally enforceable. All disputing parties are required to comply with the decision; failure to do so shall result in compulsory enforcement.

CELIGAL’s Land Dispute Resolution Consulting Services

• Consulting on land disputes relating to inheritance of land use rights, houses, and land-attached assets.
• Consulting on land disputes arising from contracts for transfer of land use rights and land-attached assets.
• Consulting on land disputes related to contracts for exchange of land use rights and land-attached assets.
• Consulting on land disputes concerning donation contracts of land use rights and land-attached assets.
• Consulting on land disputes related to mortgage contracts of land use rights and land-attached assets.
• Consulting on disputes concerning purchase, exchange, donation, and mortgage of houses on residential land.
• Consulting on land disputes over land and housing boundaries.
• Consulting on disputes involving division of jointly owned land and housing assets.
• Consulting on land disputes concerning compensation and resettlement when land is recovered by the State and land-attached assets exist.
• Consulting on land disputes related to capital contribution using land use rights and land-attached assets.