Which authority has jurisdiction to resolve land disputes in Vietnam in 2025? How much is the fee for resolving land disputes in Vietnam?
Which authority has jurisdiction to resolve land disputes in Vietnam in 2025?
According to the provisions in clause 47, Article 3 of the Land Law 2024, a land dispute is a disagreement over rights and obligations of land users between two or more parties in a land relation.
Based on Article 236 of the Land Law 2024, the jurisdiction to resolve land disputes is stipulated as follows:
(1) Land disputes in which disputing parties or one of the disputing parties hold a Certificate of land use rights, Certificate of house ownership and homestead land use rights, Certificate of house ownership, Certificate of ownership of constructed works, Certificate of land use rights, house ownership rights, and other assets attached to land, Certificate of land use rights, and ownership of assets attached to land, or hold one of the types of documents as prescribed in Article 137 of the Land Law 2024. Disputes regarding assets attached to land shall be resolved by the Court.
(2) Land disputes where disputing parties do not hold a Certificate of land use rights, Certificate of house ownership and homestead land use rights, Certificate of house ownership, Certificate of ownership of constructed works, Certificate of land use rights, house ownership rights, and other assets attached to land, Certificate of land use rights, and ownership of assets attached to land, or do not hold one of the types of documents as prescribed in Article 137 of the Land Law 2024, the disputing parties may choose one of two procedures for dispute resolution as follows:
- File a request to resolve the dispute at the authorized People's Committee;
- File a lawsuit at the Court with jurisdiction as prescribed by the civil procedure law.
(3) When disputing parties choose to resolve the dispute at the authorized People's Committee, the dispute resolution is implemented as follows:
- For disputes between households, individuals, and communities, the Chairperson of the district-level People's Committee shall resolve. After 30 days from the date of receiving the resolution decision of the Chairperson of the district-level People's Committee, if the parties do not initiate a lawsuit or complain according to this item, the dispute resolution decision of the Chairperson of the district-level People's Committee shall be enforceable.
If disagreeing with the resolution decision, within 30 days from the date of receiving the resolution decision of the Chairperson of the district-level People's Committee, disputing parties have the right to file a lawsuit at the Court as per administrative procedure laws or file a complaint to the Chairperson of the provincial-level People's Committee. The resolution decision of the Chairperson of the provincial-level People's Committee shall be enforceable.
- For disputes where one party is an organization, religious organization, subordinate religious organization, overseas Vietnamese, or an economic organization with foreign investment, the Chairperson of the provincial-level People's Committee shall resolve. After 30 days from the date of receiving the resolution decision of the Chairperson of the provincial-level People's Committee, if the parties do not initiate a lawsuit or complain according to this item, the resolution decision shall be enforceable.
If disagreeing with the resolution decision, within 30 days from the date of receiving the resolution decision of the Chairperson of the provincial-level People's Committee, disputing parties have the right to file a lawsuit at the Court as per administrative procedure laws or file a complaint to the Minister of Natural Resources and Environment. The resolution decision of the Minister of Natural Resources and Environment shall be enforceable.
(4) The Chairperson of the district-level People's Committee, the Chairperson of the provincial-level People's Committee, and the Minister of Natural Resources and Environment must issue a decision on dispute resolution when resolving land disputes. The resolution decision, once enforceable, must be strictly adhered to by the parties. After 30 days from the date the decision becomes enforceable, if the parties or one of the parties fail to comply, enforcement measures will be applied.
The Chairperson of the district-level People's Committee where the disputed land is located shall issue an enforcement decision and organize the enforcement of the land dispute resolution decision.
(5) Disputes between parties arising from commercial activities related to land shall be resolved by the Court as prescribed by civil procedure law or by the Vietnam Commercial Arbitration as prescribed by commercial arbitration law.
(6) People's Committees at all levels are responsible for providing documents and records related to land management and use upon request by the court or the Vietnam Commercial Arbitration to serve as a basis for land dispute resolution.
>>> See more: Guide to Writing the Latest Land Dispute Lawsuit Claim in 2025
Which authority has jurisdiction to resolve land disputes in Vietnam in 2025? (Image from the Internet)
How much is the fee for resolving land disputes in Vietnam?
According to clause 2, Article 27 of Resolution 326/2016/UBTVQH14 on fees for resolving land disputes, the fees are as follows:
- In cases of disputes over ownership of assets and disputes over land use rights where the Court does not consider value but only considers ownership or land use rights, the party must pay the first-instance civil court fees equivalent to non-monetary claims.
- In cases of disputes over ownership of assets and disputes over land use rights where the Court must determine the value of assets or determine ownership, land use rights by portion, the party must pay first-instance civil court fees according to the monetary value of the benefits received.
Additionally, according to the Table of court fees and charges issued with Resolution 326/2016/UBTVQH14, the fees for resolving land disputes are as follows:
No. | Disputed Asset Value | Fee Amount |
---|---|---|
First-instance Civil Fees | ||
1 | Up to 6 million VND | 300,000 VND |
2 | Over 6 - 400 million VND | 5% of the disputed asset value |
3 | Over 400 - 800 million VND | 20 million VND + 4% of the disputed asset value exceeding 400 million VND |
4 | Over 800 million VND - 2 billion VND | 36 million VND + 3% of the disputed asset value exceeding 800 million VND |
5 | Over 2 - 4 billion VND | 72 million VND + 2% of the disputed asset value exceeding 2 billion VND |
6 | Over 4 billion VND | 112 million VND + 0.1% of the disputed asset value exceeding 4 billion VND |
Appellate Civil Fees | ||
- | - | 300,000 VND |
How many types of Court fees are there in Vietnam?
Based on Article 3 of Resolution 326/2016/UBTVQH14, the types of court fees include:
- Criminal court fees;
- Civil court fees, including fees for resolving disputes in civil, marriage and family, business, commercial, and labor matters;
- Administrative court fees.
Thus, there are currently 3 types of court fees: criminal fees, civil fees, and administrative fees.
Note: The above-mentioned fees include both first-instance and appellate fees.
What powers does the Standing Committee of the National Assembly of Vietnam have over Court fees?
According to Article 17 of the Law on Fees and Charges 2015 regarding the jurisdiction of the Standing Committee of the National Assembly:
Jurisdiction of the Standing Committee of the National Assembly
- Between National Assembly sessions, the Standing Committee decides on amendments, supplements, and abolitions of fees and charges at the request of the Government of Vietnam and reports to the National Assembly at the nearest session.
- Stipulates the levels of collection, exemption, reduction, management, and use of court fees and charges.
Thus, the Standing Committee of the National Assembly has the power to stipulate the levels of collection, exemption, reduction, management, and use of court fees and charges.
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