Can commercial arbitration resolve land disputes?

Lawyer Nguyen Thi Thuy, YouMe Law Company Limited replied:

Clause 1, Clause 2, Clause 5, Clause 6, Article 236 of the Land Law 2024 (effective from August 1, 2024) stipulates the authority to resolve land disputes as follows:

1. Land disputes in which the disputing parties or one of the disputing parties has a Certificate of land use rights, Certificate of house ownership and residential land use rights, Certificate of house ownership , Certificate of ownership of construction works, Certificate of land use rights, ownership of houses and other assets attached to land, Certificate of land use rights, ownership of assets attached to land or have one of the documents specified in Article 137 of this Law and disputes over assets attached to land shall be resolved by the Court.

2. Land disputes in which the disputing parties do not have a Certificate of Land Use Rights, Certificate of House Ownership and Residential Land Use Rights, Certificate of House Ownership, Certificate of Ownership ownership of construction works, Certificate of land use rights, ownership of houses and other assets attached to land, Certificate of land use rights, ownership of assets attached to land or without one 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 competent People's Committee as prescribed in Clause 3 of this Article;

b) Initiate a lawsuit at a competent court according to the provisions of civil procedure law.

5. Disputes between the parties arising from commercial activities related to land are resolved by the Court in accordance with the provisions of civil procedure law or by the Vietnamese Commercial Arbitration in accordance with the provisions of law. commercial arbitration law.

6. People's Committees at all levels are responsible for providing records and documents related to land management and use when requested by the Vietnamese Court or Commercial Arbitration to serve as a basis for settlement. land dispute.

Thus, from August 1, 2024, disputes arising from commercial activities related to land can be resolved by Vietnamese commercial arbitration according to the above regulations.