Cases are considered land disputes according to regulations

Article overview

Land disputes are a complex issue in Vietnam’s legal field. Disputes are often related to land use rights, land boundaries, land planning, land use rights certificates and land transfer transactions. This article will analyze common causes of disputes, cases considered land disputes according to the law, and solutions when disputes arise.

Land dispute
Land dispute

Common causes of land disputes today

Land disputes often arise due to many complex reasons. Understanding these causes helps relevant parties identify and take effective preventive measures. Some common causes are:

  • Lack of clarity on land use rights: Legal documents are incomplete or have errors, leading to disputes about the legal owner of the land plot.
  • Unclear land boundaries: Boundary markers are moved or lost over time, causing disagreements between adjacent landowners about the scope of land use.
  • Change in land planning: When the State adjusts the planning, the land use purpose changes, affecting the rights of land users.
  • Issuance of overlapping or erroneous land use rights certificates: A plot of land is issued with multiple certificates to different subjects, leading to complicated disputes.
  • Land transfer transactions are unclear or do not comply with the law: Land purchase and sale contracts are not notarized, changes are not registered, easily causing disputes later.
  • Improper implementation of administrative procedures regarding land: Registration, issuance of certificates, and change of land use purpose not in accordance with regulations are also causes of disputes.

The cases are considered land disputes

Based on the concept of land disputes, land disputes can be divided into the following cases:

  • Dispute over land use rights: This is a dispute over who has the legal use rights to a specific plot of land. This dispute often occurs when there are overlapping legal documents or when many people believe they have the right to use the land.
  • Disputes over rights and obligations related to civil transactions on land use rights: These disputes often arise when one party fails to properly perform its obligations in the contract. Typically, disputes over the transfer, leasing, mortgaging, and contributing capital with land use rights.
  • Other related disputes related to land can be understood as disputes that do not fall into the specific types of disputes prescribed in land laws, but are still related to land use rights such as disputes over land inheritance of land use rights, disputes over division of common property between husband and wife,…
In case of a land dispute
In case of a land dispute

Solution when a land dispute occurs

When a land dispute arises, the parties involved can choose from the following solutions:

Negotiate

Direct negotiation between the parties is the first option that should be considered. The parties can agree to come to a common solution, helping to save time and costs. However, this option requires goodwill from all parties involved.

Reconcile

Mediation is the next step if negotiations fail. According to the provisions of Clause 2, Article 3 of Resolution No. 04/2017/NQ-HDTP, for disputes over land use rights, the parties must carry out conciliation procedures at the commune-level People’s Committee before filing a lawsuit in Court.

Mediation can be done through many forms:

  • Grassroots conciliation: This is carried out in villages, hamlets, hamlets, and residential groups according to the provisions of the Law on Grassroots Conciliation 2013.
  • Mediation at the Commune People’s Committee: Mandatory for disputes over land use rights.
  • Pre-litigation mediation at Court: Conducted before the Court accepts the case.

File a lawsuit

If conciliation is unsuccessful, the parties can choose to sue in court or request an administrative agency to resolve, depending on the nature of the dispute:

  • For land disputes with land use rights certificates, the Court has jurisdiction to resolve.
  • For land disputes without the above documents as prescribed in Clause 2, Article 243 of the Land Law 2024, the parties can choose to sue in Court or request the People’s Committee to resolve the matter.

When filing a lawsuit in court, the parties need to pay attention to the time and costs of proceedings. According to the provisions of the Code of Civil Procedure 2015, the maximum time limit for resolving first-instance civil cases is 8 months from the date of acceptance. However, in reality, many cases can take longer due to complicated factors.

Mediation of land disputes
Mediation of land disputes

In-depth consulting services in the landfill in Long Phan

At Long Phan, we provide comprehensive consulting and support services on land dispute resolution. Long Phan’s services include:

  • Consulting on assessing the legal status of the disputed land plot;
  • Support in determining the rights and obligations of relevant parties;
  • Consulting on choosing appropriate dispute resolution options;
  • Supporting negotiations and representation during the mediation process;
  • Consulting on drafting legal documents related to disputes;
  • Support for dispute resolution at competent administrative agencies;
  • Consulting on reviewing and completing contracts related to land use rights.

Resolving land disputes is a complex process, requiring in-depth knowledge of land law and negotiation skills. To ensure your rights and comply with legal regulations, customers should consider using professional consulting services. Long Phan is ready to support customers throughout the process of resolving land disputes. Please contact us immediately via hotline 0906735386 for a free consultation and detailed quote.