According to the provisions of Article 235 of the 2024 Land Law, before the competent state agency resolves land disputes specified in Article 236 of the 2024 Land Law, the disputing parties must mediate at the commune-level People's Committee where the disputed land is located.
In case of successful mediation, the dispute is terminated, if the mediation is unsuccessful, the parties have the right to sue in court or file a request to resolve the dispute at the competent People's Committee.
Accordingly, in case of unsuccessful mediation, according to the provisions of Clause 2, Article 236 of the 2024 Land Law, in case of land dispute where the disputing parties do not have a certificate or do not have one of the types of documents specified in Article 137 of the 2024 Land Law, the disputing parties are allowed to choose one of the two forms of resolving land disputes:
- Submit a request to resolve disputes at the competent People's Committee according to the provisions of Clause 3, Article 236 of the 2024 Land Law (amended by point g, Clause 2, Article 5 of Decree 151/2025/ND-CP);
- Suing at a competent court in accordance with the law on civil procedure.
According to the provisions of Clause 3, Article 236 of the 2024 Land Law, in case the disputing parties choose to resolve disputes at the competent People's Committee, the resolution of land disputes shall be carried out as follows:
- In case of dispute between households, individuals, and residential communities, the Chairman of the Commune-level People's Committee resolves it. After 30 days from the date of receiving the resolution decision of the Chairman of the Commune-level People's Committee, if the disputing parties do not initiate a lawsuit or complaint as prescribed in this point, the dispute resolution decision of the Chairman of the Commune-level People's Committee takes effect.
In case they do not agree with the resolution decision, within 30 days from the date of receiving the resolution decision of the Chairman of the Commune-level People's Committee, the disputing parties have the right to sue at the Court in accordance with the law on administrative procedures or complain to the Chairman of the Provincial-level People's Committee. The resolution decision of the Chairman of the Provincial-level People's Committee takes effect.
- In case of dispute where one disputing party is an organization, religious organization, affiliated religious organization, Vietnamese-origin person residing abroad, economic organization with foreign investment capital, the Chairman of the Provincial People's Committee shall resolve it. After 30 days from the date of receiving the resolution decision of the Chairman of the Provincial People's Committee, if the disputing parties do not initiate a lawsuit or complaint as prescribed in this point, the resolution decision of the Chairman of the Provincial People's Committee takes effect.
In case they do not agree with the resolution decision, within 30 days from the date of receiving the resolution decision of the Chairman of the Provincial People's Committee, the disputing parties have the right to sue at the Court in accordance with the law on administrative procedures or complain to the Minister of Natural Resources and Environment. The resolution decision of the Minister of Natural Resources and Environment takes effect.
Currently, the procedure for initiating a land dispute lawsuit at the Court is implemented as follows:
Step 1: Prepare a lawsuit and documents and evidence proving that legitimate rights and interests are violated according to the provisions of Article 189 of the 2015 Civil Procedure Code.
Step 2: Send the lawsuit and documents and evidence prepared to the People's Court of the area where the real estate is located according to the provisions of Article 190 of the 2015 Civil Procedure Code.
Regarding the procedures for resolving land disputes under the authority of the Chairman of the People's Committees at commune and provincial levels, it is currently implemented according to the provisions of Section I, Part VIII, Appendix I issued together with Decree 151/2025/ND-CP.
