The form for initiating a land dispute lawsuit in 2024 in Vietnam

What is the form for initiating a land dispute lawsuit in 2024 in Vietnam?

Under the Form 23-DS, which is part of the List of 93 forms in civil proceedings issued with Resolution 01/2017/NQ-HDTP, the form for initiating a land dispute lawsuit is provided.

Please refer to this link for the latest version of the form for initiating a land dispute lawsuit in 2024.

What is the prescriptive period for initiating legal action for dispute over land use right in Vietnam?

Pursuant to Article 155 of the Civil Code in 2015 stipulating non-applicability of prescriptive periods as follows:

Non-applicability of prescriptive periods

A prescriptive period for initiating legal action for a civil case shall not apply in any of the following cases:

1. Request for the protection of personal rights not associated with property;

2. Request for the protection of ownership rights, unless otherwise provided by this Code or relevant laws.

3. Dispute over land use right as prescribed in the Law on land;

4. Other cases as provided by law.

As regulations above, the prescriptive period for initiating legal action shall not apply for dispute over land use right in Vietnam.

The form for initiating a land dispute lawsuit in 2024 in Vietnam - Image from Internet

Which agencies are responsible to settle land disputes in Vietnam?

Pursuant to Clause 24 Article 3 of the Law on Land in 2013 stipulating land dispute as follows:

Interpretation of terms

In this Law, the terms below are construed as follows:

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24. Land dispute means a dispute over the rights and obligations of land users among two or more parties in a land relationship.

25. Land destruction means acts that deform the land, reduce land quality, pollute the land, negate or reduce the usability of the land according to a determined purpose.

26. Public non-business unit means an organization established by a competent state agency or by a political organization or a socio-political organization, to provide public services in accordance with law.

27. Economic organization means an enterprise, a cooperative or another economic organization as prescribed by the civil law, excluding foreign-invested enterprises.

28. Land for construction of underground facilities means a land area used for construction of underground facilities that are not parts of works constructed on the ground.

...

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

Authority to settle land disputes

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;

As regulations above, agencies that are responsible to settle land disputes in Vietnam are as follows:

- People’s Committee at all levels;

- People’s Court

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

Best regards!