Regulations on the jurisdiction for resolving land disputes

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Article 236The 2024 Land Law stipulates the authority to resolve land disputes.as follows:

1. Land disputes where the disputing parties or one of the disputing parties possesses a Certificate of Land Use Rights, a Certificate of Ownership of Housing and Land Use Rights, a Certificate of Ownership of Housing, a Certificate of Ownership of Construction Works, a Certificate of Land Use Rights, Ownership of Housing and Other Assets Attached to Land, a Certificate of Land Use Rights, Ownership of Assets Attached to Land, or any of the types of documents specified in Article 137 of this Law, and the dispute concerns assets attached to the land, shall be resolved by the Court.

2. In land disputes where the disputing parties do not possess a Certificate of Land Use Rights, a Certificate of Ownership of Housing and Land Use Rights, a Certificate of Ownership of Housing, a Certificate of Ownership of Construction Works, a Certificate of Land Use Rights, Ownership of Housing and Other Assets Attached to Land, or a Certificate of Land Use Rights and Ownership of Assets Attached to Land, or lack any of the documents specified in Article 137 of this Law, the disputing parties may choose one of the following two forms of land dispute resolution:

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

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

3. If the disputing parties choose to resolve the dispute at the competent People's Committee, the land dispute resolution process shall be as follows:

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

If the parties disagree with the resolution decision, within 30 days from the date of receiving the decision from the Chairman of the District People's Committee, they have the right to file a lawsuit in court in accordance with the law on administrative proceedings or appeal to the Chairman of the Provincial People's Committee. The resolution decision of the Chairman of the Provincial People's Committee is legally binding.

b) In cases of disputes where one party is an organization, a religious organization, a subordinate 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 receiving the resolution decision of the Chairman of the Provincial People's Committee, if the disputing parties do not file a lawsuit or appeal as prescribed in this point, the resolution decision of the Chairman of the Provincial People's Committee shall take effect.

If the parties disagree with the resolution decision, within 30 days from the date of receiving the decision from the Chairman of the Provincial People's Committee, they have the right to file a lawsuit in court in accordance with the law on administrative proceedings or to appeal to the Minister of Natural Resources and Environment. The resolution decision of the Minister of Natural Resources and Environment is legally binding.

4. The Chairpersons of the District People's Committees, the Chairpersons of the Provincial People's Committees, and the Minister of Natural Resources and Environment, when resolving land disputes as stipulated in Clause 3 of this Article, must issue a decision resolving the dispute. The decision resolving the dispute, once effective, must be strictly complied with by all parties. If, after 30 days from the effective date of the decision resolving the dispute, either party or one of the parties fails to comply, enforcement measures will be taken.

The Chairman of the People's Committee of the district where the disputed land is located shall issue a decision to enforce the land dispute resolution decision 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 Tribunal 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 Vietnamese courts and commercial arbitration bodies to serve as a basis for resolving land disputes.

7. The Government shall provide detailed regulations on the settlement of disputes falling under the jurisdiction 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 as stipulated in this Article.