Pursuant to the provisions of Clause 2, Article 236 of the 2024 Land Law, it is stipulated as follows:
"2. In land disputes where the disputing parties 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 Works 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 types of documents specified in Article 137 of this 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.
b) File a lawsuit at a competent Court in accordance with the provisions of the law on civil proceedings".
Thus, based on the above regulations, in the case of land disputes without a red book, the 2024 Land Law will be applied with 2 forms of resolution and people will be able to choose 1 of these 2 forms including:
Form 1: Submit a request for dispute resolution to the People's Committee of competent authority.
In case the disputing parties choose to resolve the dispute at the People's Committee of competent authority, the resolution of the land dispute shall be carried out as follows:
- In case of disputes between households, individuals, and residential communities, the Chairman of the People's Committee at the district level shall resolve them. After 30 days from the date of receipt of the resolution decision of the Chairman of the People's Committee at the district level, if the disputing parties do not file a lawsuit or complaint as prescribed in this point, the dispute resolution decision of the Chairman of the People's Committee at the district level shall take effect.
In case of disagreement with the settlement decision, within 30 days from the date of receipt of the settlement decision of the Chairman of the People's Committee at the district level, the disputing parties have the right to file a lawsuit at the Court in accordance with the provisions of the law on administrative proceedings or to make a complaint to the Chairman of the People's Committee at the provincial level. The settlement decision of the Chairman of the People's Committee at the provincial level shall be effective.
- In case of a dispute in which one party is an organization, a religious organization, a affiliated religious organization, a person of Vietnamese origin residing abroad, or an economic organization with foreign investment capital, the Chairman of the People's Committee at the provincial level shall resolve it. After 30 days from the date of receipt of the resolution decision of the Chairman of the People's Committee at the provincial level, if the disputing parties do not file a lawsuit or complaint as prescribed in this point, the resolution decision of the Chairman of the People's Committee at the provincial level shall take effect.
- In case of disagreement with the settlement decision, within 30 days from the date of receipt of the settlement decision of the Chairman of the People's Committee at the provincial level, the disputing parties have the right to file a lawsuit at the Court in accordance with the provisions of the law on administrative proceedings or make a complaint to the Minister of Natural Resources and Environment. The settlement decision of the Minister of Natural Resources and Environment shall be effective.
(Clause 3, Article 236 of the 2024 Land Law)
Form 2: File a lawsuit at a competent Court according to the provisions of the law on civil proceedings.
In case the subject of dispute is real estate, only the Court where the real estate is located has jurisdiction to resolve the dispute. (Point c, Clause 1, Article 39 of the 2015 Civil Procedure Code)
* The plaintiff submits a petition with the documents and evidence he/she currently has to the Court with jurisdiction to resolve the case by the following methods:
- Submit directly to the Court.
- Send to the Court by postal service.
- Submit online electronically via the Court's Electronic Information Portal (if available).
