Concept of land dispute
A land dispute is a dispute over land use rights and obligations between two or more parties (according to Clause 47, Article 3 of the 2024 Land Law). This is a common form of dispute, often lasting if people do not clearly understand the legal order.
Conciliation at the People's Committee at the commune level is a mandatory step
According to Point b, Clause 1, Article 192 of the 2015 Civil Procedure Code, a dispute over "who has the right to use land" must be mediated at the People's Committee at the commune level before filing a lawsuit in the Court.
Other disputes such as: Transactions, inheritance, division of common assets such as land use rights... are not mandatory for mediation.
How to deal with or without a red book
If the land has a red book, after the mediation is unsuccessful, the people can file a lawsuit in the competent people's court.
If the land does not have a red book or no documents proving the right to use it, people have the right to choose to file a lawsuit in court or request the People's Committee at the district or provincial level to resolve it, depending on each case.
Notes when submitting a lawsuit
The lawsuit must clearly state the competent People's Court where the disputed land is located. People can submit their petitions directly to the court, by post or the court's electronic information portal.
Before filing a lawsuit, it is necessary to consider the possibility of winning a lawsuit because if they lose, the defendant will have to pay court fees, costs and a long time.
Time and court fees
The maximum time to prepare for trial is 6 months from the date of admission, of which the deadline for bringing the case to first instance trial is not more than 2 months.
The first-instance civil fee is calculated according to the dispute value, specifically: No rate: 300,000 VND.
With a quotation price: From 5% of the value of disputed assets (under VND 400 million) to VND 112 million + 0.1% of the value exceeds VND 4 billion.
Understanding the process and complying with regulations will help people protect their legitimate rights, saving time and costs when land disputes occur.
