Pursuant to the provisions of Clause 2, Article 236 of the 2024 Land Law on land dispute settlement as follows:
Article 236. Authority to resolve land disputes
2. In a land dispute where the disputants do not have a Certificate of land use rights, a Certificate of house ownership rights and land use rights, a Certificate of house ownership rights, a Certificate of construction ownership rights, a Certificate of land use rights, house ownership rights and other assets attached to land, a Certificate of land use rights, ownership rights of assets attached to land or do not have one of the documents specified in Article 137 of this Law, the disputants can choose one of the two forms of land dispute settlement as prescribed below:
a) Submit a request for dispute resolution to the People's Committee at the competent level as prescribed in Clause 3 of this Article.
b) file a lawsuit at a competent Court in accordance with the provisions of the law on civil proceedings.
Pursuant to the provisions of Clause 1, Article 108 of Decree 102/2024/ND-CP as follows:
Article 108. Bases for resolving land disputes in cases where the disputing parties do not have documents on land use rights, enforcement of land dispute resolution decisions
1. In case the disputants do not have a certificate of land use rights or do not have one of the documents specified in Article 137 of the Land Law, the dispute resolution shall be based on the following grounds:
a) Evidence on the origin and land use process provided by the land dispute parties.
b) The actual land area that the disputing parties are using outside the disputed land area and the average land area per local population.
c) The suitability of the current status of land use in dispute with the planning and land use plan approved by a competent state agency.
d) Preferential policies for people with revolutionary contributions and relatives of people with revolutionary contributions.
d) Legal regulations on land allocation, land lease, and recognition of land use rights.
Accordingly, to resolve land disputes without a red book, it is necessary to provide evidence of the origin and process of land use provided by the land disputing parties.
