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Land Dispute In Vietnam

Dispute 28/08/2023

Land disputes have been a significant issue in Vietnam for decades, stemming from historical, social, and economic factors. The country rapid urbanization, economic development, and population growth have led to increased pressure on land resources, often resulting in conflicts between citizens, government authorities, and corporations. For more detail, please contact Apolo Lawyers Law Firm via email contact@apolo.com.vn or hotline: (+84) 903.419.479

Land Dispute In Vietnam

Land disputes have been a significant issue in Vietnam for decades, stemming from historical, social, and economic factors. The country rapid urbanization, economic development, and population growth have led to increased pressure on land resources, often resulting in conflicts between citizens, government authorities, and corporations. For more detail, please contact Apolo Lawyers Law Firm via email contact@apolo.com.vn or hotline: (+84) 903.419.479

1. What is a land dispute?

Land dispute is a dispute over the rights and obligations of land users between two or more parties in a land relationship.

(Clause 24, Article 3 of the 2013 Land Law)

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Land dispute in Vietnam

2. How many types of land disputes are there today?

Based on the concept of land disputes, it is possible to divide specific types of land disputes into the following cases:

2.1. Disputes over land use rights

  • Disputes over land use rights are disputes between users about the boundaries between land areas. This type of dispute is usually caused by one party voluntarily changing the boundary or the two parties cannot determine the boundary, in some cases occupying the land area of ​​another person.
  • Disputes for reclaiming land: this is a form of dispute for reclaiming land, reclaiming assets attached to land with origins formerly owned by them or their relatives.

2.2. Disputes over rights and obligations arising in the course of land use

Disputes over rights and obligations arising in the course of land use are essentially civil contract disputes. This dispute can be a request to perform contractual obligations, recognize the validity of a contract, declare a civil transaction invalid, etc.

Another type of dispute that also falls into this category is a dispute over land use purposes.

2.3. Disputes related to land

  • Disputes over land use rights when husband and wife divorce
  • Disputes over the right to inherit land use rights and properties attached to land use rights

3. Authority to settle land disputes

Land disputes that have been unsuccessfully conciliated at the commune-level People Committees shall be settled as follows:

Land disputes in which the involved parties have a Certificate or one of the papers specified in Article 100 of the Land Law 2013 and the dispute over property on land shall be settled by the People Court;

In a land dispute where the involved party does not have a Certificate or one of the papers specified in Article 100 of the 2013 Land Law, the involved party may only choose one of two forms of land dispute settlement according to the law. the following provisions:

  • File a request for dispute settlement at the People Committee of the competent level, specifically:
    • In case of disputes between households, individuals and communities, the district-level People Committee chairpersons shall settle them; if they disagree with the settlement decision, they have the right to complain to the President of the provincial People Committee or initiate a lawsuit at the People Court in accordance with the law on administrative procedures;
    • In case of a dispute where one of the disputing parties is an organization, religious establishment, overseas Vietnamese or foreign-invested enterprise, the President of the provincial People Committee shall settle it; if they disagree with the settlement decision, they have the right to complain to the Minister of Natural Resources and Environment or initiate a lawsuit at the People Court in accordance with the law on administrative procedures;
    • The President of the People Committee with jurisdiction to settle the dispute must issue a decision to settle the dispute. An enforceable dispute settlement decision must be strictly observed by the disputing parties. In case the parties fail to comply, the enforcement will be enforced.
  • Initiate lawsuits at competent People Courts in accordance with the law on civil procedures.

(Article 203 Land Law 2013 )

4. Dossier for settlement of land disputes

4.1. Dossier for settlement of land disputes at district and provincial People Committees

A dossier of land dispute settlement includes:

  • An application for settlement of a land dispute;
  • Minutes of conciliation at the commune-level People Committee; minutes of working with the disputing parties and related persons; minutes of inspection of the current status of disputed land; minutes of meetings of relevant departments and branches to advise on settlement of land disputes in case of unsuccessful conciliation; minutes of conciliation during dispute settlement;
  • Extracts of maps and cadastral records over time related to the disputed land area and documents as evidence and proof in the process of dispute settlement;
  • Report on proposal and draft decision on dispute settlement or draft decision on recognition of successful conciliation.

(Article 89 Decree 43/2014/ND-CP )

4.2. Dossier for settlement of land disputes under the authority of the Minister of Natural Resources and Environment

A dossier of land dispute settlement includes:

  • An application for settlement of a land dispute;
  • Minutes of working with the disputing parties, with relevant organizations and individuals; minutes of inspection of the current status of disputed land; minutes of conciliation during dispute settlement;
  • Extracts of maps and cadastral records over the period related to the disputed land area, dossiers and documents as evidence and proof in the process of settling land disputes in the locality;
  • Report on proposal and draft decision on dispute settlement or draft decision on recognition of successful conciliation.

(Article 90 Decree 43/2014/ND-CP)

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Land dispute in Vietnam

Land disputes in Vietnam are a complex issue deeply rooted in historical, economic, and social factors. The country pursuit of rapid development has often come at the cost of land rights, leading to conflicts and tensions. However, the Vietnamese government ongoing legal reforms, conflict resolution mechanisms, and efforts to raise public awareness reflect a commitment to finding equitable solutions. Resolving land disputes in Vietnam requires a delicate balance between economic growth and safeguarding the rights of its citizens, ensuring a more harmonious and prosperous future. If you have any questions, please contact immediately Apolo Lawyers Law Firm via email contact@apolo.com.vn or hotline - 0903.419.479 for legal advice and support.

View more: Procedures For Settling Property Purchase And Sale Contract Disputes

View more: Civil Disputes In Vietnam

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