Regulations on authority to resolve land disputes

Reply

Article 236, Land Law 2024 stipulates the authority to resolve land disputesas follows:

1. Land disputes in which the disputing parties or one of the disputing parties has a Certificate of land use rights, a Certificate of house ownership and land use rights, a Certificate of house ownership, a Certificate of construction ownership, a Certificate of land use rights, house ownership and other properties attached to land, a Certificate of land use rights, property ownership rights attached to land or has one of the types of documents specified in Article 137 of this Law and the dispute is about property attached to land shall be resolved by the Court.

2. In land disputes where the disputing parties do not have a Certificate of land use rights, a Certificate of house ownership and land use rights, a Certificate of house ownership, a Certificate of construction ownership, a Certificate of land use rights, house ownership and other assets attached to land, a Certificate of land use rights, ownership of assets attached to land, or do not have one of the types of documents specified in Article 137 of this Law, the disputing parties may choose one of the two forms of land dispute resolution according to the following provisions:

a) Submit a request for dispute resolution to the People's Committee at the competent level as prescribed in Clause 3 of this Article;

b) File a lawsuit at a competent court in accordance with the provisions of the law on civil proceedings.

3. In case the disputing parties choose to resolve the dispute at the People's Committee of competent level, the resolution of the land dispute shall be carried out as follows:

a) In case of disputes between households, individuals, and residential communities, the Chairman of the District People's Committee shall resolve them. After 30 days from the date of receipt of the resolution decision of the Chairman of the District People's Committee, if the disputing parties do not file a lawsuit or complaint as prescribed in this point, the dispute resolution decision of the Chairman of the District People's Committee shall take effect.

In case of disagreement with the settlement decision, within 30 days from the date of receipt of the settlement decision of the Chairman of the District People's Committee, the disputing parties have the right to file a lawsuit at the Court in accordance with the provisions of the law on administrative proceedings or appeal to the Chairman of the Provincial People's Committee. The settlement decision of the Chairman of the Provincial People's Committee shall take effect.

b) In case of a dispute in which one party is an organization, a religious organization, a affiliated religious organization, a person of Vietnamese origin residing abroad, or an economic organization with foreign investment capital, the Chairman of the Provincial People's Committee shall resolve the dispute.

After 30 days from the date of receipt of the settlement decision of the Chairman of the Provincial People's Committee, if the disputing parties do not file a lawsuit or complaint as prescribed in this point, the settlement decision of the Chairman of the Provincial People's Committee shall take effect.

In case of disagreement with the settlement decision, within 30 days from the date of receipt of the settlement decision of the Chairman of the Provincial People's Committee, the disputing parties have the right to file a lawsuit at the Court in accordance with the provisions of the law on administrative proceedings or to appeal to the Minister of Natural Resources and Environment. The settlement decision of the Minister of Natural Resources and Environment shall come into force.

4. The Chairman of the People's Committee at the district level, the Chairman of the People's Committee at the provincial level, and the Minister of Natural Resources and Environment, when resolving land disputes as prescribed in Clause 3 of this Article, must issue a decision to resolve the dispute. The decision to resolve the dispute that comes into force must be strictly complied with by the parties. After 30 days from the date the decision to resolve the dispute comes into force, if the parties or one of the parties fails to comply, it will be subject to enforcement.

The Chairman of the People's Committee at the district level where the disputed land is located shall issue a decision to enforce the decision to resolve the land dispute and organize the implementation of the enforcement decision.

5. Disputes between parties arising from commercial activities related to land shall be resolved by the Court in accordance with the provisions of the law on civil procedure or by the Vietnam Commercial Arbitration in accordance with the provisions of the law on commercial arbitration.

6. People's Committees at all levels are responsible for providing records and documents related to land management and use when requested by the Court or Vietnam Commercial Arbitration as a basis for resolving land disputes.

7. The Government shall detail the settlement of disputes under the authority of the Chairman of the People's Committee at the district level, the Chairman of the People's Committee at the provincial level, and the Minister of Natural Resources and Environment in this Article.