Does the Court have jurisdiction to resolve land disputes in Vietnam? What are the current first-instance court costs for resolving land disputes in Vietnam?

Does the Court have jurisdiction to resolve land disputes in Vietnam?

Based on Clause 9 of Article 26 of the Civil Procedure Code 2015, the following provisions apply:

Civil disputes under the jurisdiction of the Court

1. Disputes concerning Vietnamese nationality between individuals.

2. Disputes regarding ownership rights and other property rights.

3. Disputes regarding civil transactions and civil contracts.

4. Disputes relating to intellectual property rights, technology transfer, except where stipulated in Clause 2, Article 30 of this Code.

5. Disputes regarding inheritance of assets.

6. Disputes related to compensation for non-contractual damages.

7. Disputes over compensation for damages due to inappropriate application of administrative preventive measures as per competition law, except where compensation claims are resolved in an administrative case.

8. Disputes about the exploitation, use of water resources, and wastewater discharge into water sources in accordance with the Water Resources Law.

9. Land disputes as stipulated by the land laws; disputes over ownership rights, and forest usage rights as per the Law on Forest Protection and Development.

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From the above regulation, it can be concluded that the Court has jurisdiction to resolve land disputes.

>>> See more: File for litigation in land disputes at the Court in 2025?

Does the Court have jurisdiction to resolve land disputes in Vietnam? What are the current first-instance court costs for resolving land disputes in Vietnam? (Image from the Internet)

Which land disputes can the Court resolve in Vietnam?

Based on Article 236 of the Land Law 2024, which specifies the jurisdiction to resolve land disputes, the court can adjudicate the following land disputes:

(1) Land disputes where the disputing parties or one of the disputing parties have Land Use Rights Certificates, Housing Ownership Certificates and homestead land use rights, House Ownership Certificates, Construction Work Ownership Certificates, Land Use Rights Certificates, housing ownership and other assets attached to the land, Land Use Rights Certificates, or asset ownership on the land, or any of the documents stipulated in Article 137 of the Land Law 2024 and disputes over assets attached to the land are resolved by the Court.

(2) Land disputes where the disputing parties do not have Land Use Rights Certificates, Housing Ownership Certificates and homestead land use rights, House Ownership Certificates, Construction Work Ownership Certificates, Land Use Rights Certificates, housing ownership and other assets attached to the land, Land Use Rights Certificates, or asset ownership on the land, or do not have one of the documents stipulated in Article 137 of the Land Law 2024 will be resolved by the disputing parties choosing one of the two forms of dispute resolution as follows:

- Submitting a request for dispute resolution at the competent People's Committee;

- Filing a lawsuit at a Court having jurisdiction in accordance with the civil procedure laws.

(3) In instances where the disputing parties choose to resolve the dispute through the competent People's Committee, the dispute resolution will be conducted as follows:

- In disputes between households, individuals, communities, the Chairman of the district-level People's Committee shall resolve the dispute.

In cases of disagreement with the resolution, within 30 days from the decision of the district-level People's Committee Chairman, disputing parties have the right to file a lawsuit at the Court as per administrative procedure laws.

- In disputes where one party is an organization, religious organization, affiliated religious organization, overseas Vietnamese, or foreign-invested economic organization, the Chairman of the provincial-level People's Committee resolves the dispute.

In cases of disagreement with the resolution, within 30 days from receiving the decision from the provincial-level People's Committee Chairman, disputing parties have the right to file a lawsuit at the Court as per administrative procedure laws.

(4) Disputes arising from commercial activities related to land between disputing parties are resolved by the Court in accordance with civil procedure laws or by the Vietnam Commercial Arbitration as per laws on commercial arbitration.

What is the current first-instance court cost for resolving land disputes in Vietnam?

Based on Clause 2, Article 27 of Resolution 326/2016/UBTVQH14, the court fee for resolving land disputes is prescribed as follows:

- For disputes over property ownership rights and land use rights where the Court does not consider the value, but only the ownership rights and land use rights as to whom it belongs, the involved parties must bear first-instance court costs as in cases without a specified value.

- For disputes over property ownership rights and land use rights where the Court must determine the asset value or determine ownership rights, land use rights by part, the involved parties must bear first-instance court costs as in cases with a specified value for the portion of value they receive.

In reference to the Schedule of Court Fees and Charges issued with Resolution 326/2016/UBTVQH14, the first-instance court costs for resolving land disputes are as follows: