Which is the latest 2024 land dispute lawsuit form in Vietnam?

Which is the latest 2024 land dispute lawsuit form in Vietnam?

Resolution 01/2017/NQ-HDTP stipulates the form for filing a lawsuit.

You can download the form for filing a land dispute lawsuit here.

If one party is absent, can land dispute reconciliation be carried out at the commune People's Committee in Vietnam?

Article 88 of Decree 43/2014/ND-CP, amended by Clause 27 of Article 1 of Decree 148/2020/ND-CP, stipulates the procedures for conciliation of land disputes as follows:

Procedures for conciliation of land disputes

1. Upon receiving a written request for settlement of a land dispute, a provincial-level People’s Committee shall:

a/ Verify and learn about the cause of the dispute, collect relevant documents about the land origin, land use process and current land use status from the parties;

b) Establish the conciliation committee to settle land disputes. This committee shall be composed of the chairperson or the deputy chairperson of the People’s Committee as the committee’s head; the representative of the Fatherland Front Committee of commune, ward or township; the head of residential quarter in urban areas; the head of village or hamlet in rural areas; the prestigious figure in a kinship, at a residential community or workplace; the person having expertise in laws and social knowledge; the village patriarch/matriarch, the religion dignitary or the person thoroughly grasping the case or matter; the representative of households living for a long time at communes, wards, townships that know well about the origin and process of use of the land plot; the cadastral officer or judicial officer at commune, ward or township. In specific situations, representatives of the Farmers’ Association, Women’s Union, Veterans’ Association and Ho Chi Minh Communist Youth Union may be invited;

c/ Organize a conciliation meeting with the participation of the disputing parties, members of the council for conciliation of land disputes and persons with related interests and obligations.

The conciliation may take place only when all the disputing parties are present. If any of the disputing parties is absent for the second time, the conciliation shall be regarded as unsuccessful.

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Therefore, if one party is absent, reconciliation will not be carried out, and if they are absent for the second time, the land dispute reconciliation process is considered unsuccessful in Vietnam.

Which is the latest 2024 land dispute lawsuit form in Vietnam? (Image from the Internet)

Which authority is responsible for resolving the land dispute in Vietnam if reconciliation at the commune People's Committee fails?

Article 203 of the Land Law 2013 (valid until December 31, 2024) provides for 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;

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.

Therefore, if land disputes are not reconciled at the commune People's Committee in Vietnam, the authority with authority to resolve them is as follows:

- 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;

- 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:

+ Filing a written request for dispute settlement with a competent People’s Committee;

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

Best Regards!