Jurisdiction for resolving land disputes under the Land Law 2024 in Vietnam

Jurisdiction for resolving land disputes under the Land Law 2024 in Vietnam​ (Image from the Internet)

1. Jurisdiction for resolving land disputes under the Land Law 2024 in Vietnam​

According to Article 236 of the Land Law 2024, the jurisdiction to resolve land disputes in Vietnam is as follows:

- Land disputes where the disputing parties or one of the disputing parties have a Land Use Right Certificate, Certificate of Home Ownership and land use right for homestead land, Certificate of Home Ownership, Certificate of Construction Ownership, Certificate of Land Use Right, home ownership and other assets tied to the land, Certificate of Land Use Right and ownership of assets tied to the land, or one of the documents stipulated in Article 137 of the Land Law 2024, and disputes over properties attached to the land will be resolved by the courts.

- Land disputes where the disputing parties do not have a Land Use Right Certificate, Certificate of Home Ownership and land use right for homestead land, Certificate of Home Ownership, Certificate of Construction Ownership, Certificate of Land Use Right, home ownership and other assets tied to the land, or Certificate of Land Use Right and ownership of assets tied to the land, or do not possess one of the documents specified in Article 137 of the Land Law 2024 can choose one of the following methods to resolve the land dispute:

+ Submit a request for dispute resolution at the competent People's Committee as stipulated in Clause 3, Article 236 of the Land Law 2024;

+ File a lawsuit at a competent court according to the provisions of laws on civil procedure.

- In cases where the disputing parties choose to resolve the dispute at the competent People's Committee, the process shall be as follows:

+ In disputes between households, individuals, or community groups, the Chairman of the District People's Committee will resolve the matter. After 30 days from receiving the resolution decision by the Chairman of the District People's Committee without further lawsuit or complaint, the resolution decision will be enforced.

If any party disagrees with the resolution decision, within 30 days of receiving the decision, they may file a lawsuit at the Court as per administrative procedural law or lodge a complaint to the Chairman of the Provincial People's Committee. The resolution decision by the Chairman of the Provincial People's Committee shall be binding.

+ For disputes involving organizations, religious organizations, religious sub-groups, overseas Vietnamese, or foreign-invested economic organizations, the Chairman of the Provincial People's Committee will resolve. If no lawsuit or complaint is filed within 30 days of receiving the resolution decision by the Chairman of the Provincial People's Committee, it will become effective.

If the decision is disputed, parties may file a lawsuit at the Court as per administrative procedural law or appeal to the Minister of Natural Resources and Environment within 30 days. The decision by the Minister of Natural Resources and Environment shall be effective.

- The Chairman of the District People's Committee, Chairman of the Provincial People's Committee, and Minister of Natural Resources and Environment, when resolving land disputes as defined in Clause 3, Article 236 of the Land Law 2024, must issue decisions that must be strictly adhered to. Non-compliance after 30 days of the enforceability of the resolution may lead to enforcement.

The Chairman of the District People's Committee, where the disputed land is located, shall issue enforcement decisions and organize the enforcement of land dispute resolution decisions.

- Disputes arising from commercial activities related to land shall be resolved by the courts as per the provisions of law on civil procedure or by the Vietnam Commercial Arbitration according to the law on commercial arbitration.

- People's Committees at all levels are responsible for providing documents and relevant materials for land management and use when requested by the courts or Vietnam Commercial Arbitration as a basis for resolving land disputes.

- The Government of Vietnam shall specify in detail the resolution of disputes under the jurisdiction of the Chairman of the District People's Committee, Chairman of the Provincial People's Committee, and Minister of Natural Resources and Environment at Article 236 of the Land Law 2024.

2. Provisions for resolving complaints and lawsuits regarding land management in Vietnam

Resolution of complaints and lawsuits concerning land management according to Article 237 of the Land Law 2024 is as follows:

- Land users, and those with rights and obligations related to land use, have the right to complain or sue over administrative decisions, administrative acts concerning land management.

- The order and procedures for resolving complaints against administrative decisions, and administrative acts concerning land management, follow the law on complaints. The order and procedures for lawsuits against administrative decisions, and administrative acts concerning land management, follow the law on administrative procedure.

- Collection, preservation, use, and storage of dossiers and documents related to resolving complaints about land management are conducted according to the law on complaints.

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