Can the plaintiff file a lawsuit with the Court to resolve the case if they do not have a land use right certificate in Vietnam?

Can the plaintiff file a lawsuit with the Court to resolve the case if they do not have a land use right certificate in Vietnam?

Pursuant to Article 203 of the Law on Land in 2013 stipulating authority to settle land disputes as follows:

If the conciliation at a commune-level People’s Committee fails, a land dispute shall be settled as follows:

1. The land dispute in which the concerned party possesses a certificate or any of the papers prescribed in Article 100 of this Law and the dispute over land-attached assets shall be settled by the People’s Court;

2. For the land dispute in which the concerned party does not possess a certificate or any of the papers prescribed in Article 100 of this Law, the parties may choose between the following two options of settlement:

a/ Filing a written request for dispute settlement with a competent People’s Committee as prescribed in Clause 3 of this Article;

b/ Filing a lawsuit with a competent People’s Court in accordance with the law on civil procedures;

3. In case the concerned parties choose the option of settlement at a competent People’s Committee, the settlement is as follows:

a/ In case the dispute occurs among households, individuals and communities, the chairperson of the district-level People Committee is responsible for the settlement. If the concerned parties disagree with the settlement decision, they are entitled to lodge a complaint with the chairperson of the provincial-level People’s Committee or to file a lawsuit at a People’s Court in accordance with the law on administrative procedures;

b/ In case the dispute involves one party being an organization, a religious institution, an overseas Vietnamese or a foreign-invested enterprise, the chairperson of the provincial-level People’s Committee is responsible for the settlement. If the concerned parties disagree with the settlement decision, they are entitled to lodge a complaint with the Minister of Natural Resources and Environment or to file a lawsuit with a People’s Court in accordance with the law on administrative procedures;

4. The person having competence to settle the land dispute as prescribed in Clause 3 of this Article shall issue a settlement decision. The legally effective decision on dispute settlement must be strictly abided by the concerned parties. If the parties fail to comply, the decision shall be enforced.

As regulations above, if you do not have a land use right certificate, you can still file a lawsuit with the People's Court of competent jurisdiction in accordance with the provisions of the Civil Procedure Law;

Can the plaintiff file a lawsuit with the Court to resolve the case if they do not have a land use right certificate in Vietnam? - Source: Internet

What are the principles for issuing land use right certificates in Vietnam?

Pursuant to Article 97 of the Law on Land in 2013 stipulating authority to settle land disputes as follows:

1. A certificate of land use rights and ownership of houses and other land-attached assets is granted to those who have land use rights and the ownership of houses and other land-attached assets, which is made according to a single form used nationwide.

The Minister of Natural Resources and Environment shall issue specific regulations on the certificate of land use rights and ownership of houses and other land-attached assets.

2. The certificate of land use rights, the certificate of house ownership and residential land use rights, the certificate of house ownership and the certificate of construction facilities ownership which have been granted in accordance with the land law, housing law or construction law before December 10, 2009, remain legally valid and are not required to be changed to the certificate of land use rights and ownership of houses and other land-attached assets. In case those who were granted a certificate before December 10, 2009, want to change the certificate, they shall be granted the certificate of land use rights and ownership of houses and other land-attached assets in accordance with this Law.

Above are the principles for issuing land use right certificates in Vietnam.

Best regards!