Disputes in land law relations include two types: Land disputes and disputes related to land.
- For land disputes (disputes over who has the right to use the land), mediation must be conducted at the People's Committee of the commune, ward or town where the disputed land is located (collectively referred to as the People's Committee at the commune level).
- For other disputes related to land use rights such as: Disputes about transactions related to land use rights, disputes about inheritance of land use rights, division of common property of spouses which is land use rights,... do not have to be mediated at the People's Committee at the commune level.
After the land dispute has been mediated at the People's Committee of the commune where the land is located but failed, depending on each specific case, it will be resolved as follows:
Case 1: Have a Certificate or one of the following documents on land use rights:
According to Clause 1, Article 236 of the 2024 Land Law, land disputes in which the parties have a Certificate or one of the types of documents specified in Article 137 of the 2024 Land Law and disputes over property attached to land shall be resolved by the People's Court.
Case 2: No Certificate or no one of the documents on land use rights
Pursuant to Clause 2, Article 236 of the 2024 Land Law, in disputes where the parties do not have a Certificate or do not have one of the types of documents on land use rights prescribed in Article 137 of the 2024 Land Law, the disputing parties may choose one of two forms of land dispute resolution according to the following provisions:
a) Submit a request for dispute resolution to the People's Committee at the competent level as prescribed in Clause 3 of this Article.
If you do not agree with the settlement decision, you have the right to appeal to the Chairman of the Provincial People's Committee or file a lawsuit at the Court according to the provisions of the law on administrative proceedings.
b) File a lawsuit at a competent Court in accordance with the provisions of the law on civil procedure.
Form 1: Submit a request for dispute resolution to the People's Committee of competent authority, specifically:
- In case of disputes between households, individuals, and residential communities, the Chairman of the District People's Committee shall resolve them; if they do not agree with the resolution decision, they have the right to:
+ Complain to the Chairman of the Provincial People's Committee.
+ File a lawsuit at the People's Court according to the provisions of the law on administrative proceedings (the subject of the lawsuit is the dispute settlement decision).
- In case of a dispute in which one party is an organization, a religious organization, a affiliated religious organization, a Vietnamese person residing abroad, or an economic organization with foreign investment capital, the Chairman of the Provincial People's Committee shall resolve the dispute. After 30 days from the date of receipt of the resolution decision of the Chairman of the Provincial People's Committee, if the disputing parties do not file a lawsuit or complaint as prescribed in this point, the resolution decision of the Chairman of the Provincial People's Committee shall take effect.
+ Complain to the Minister of Natural Resources and Environment or
+ File a lawsuit at the People's Court according to the provisions of the law on administrative proceedings (the subject of the lawsuit is the dispute settlement decision).
Form 2: File a lawsuit at a competent People's Court according to the provisions of the law on civil procedure.
