1. Procedures for Resolving Land and Housing Disputes
A land dispute generally refers to a dispute concerning the rights and obligations of land users, such as disputes over land boundaries or disputes regarding the lawful holder of land use rights.
Pursuant to Articles 235 and 236 of the 2024 Land Law, land disputes are resolved through the following mandatory and optional stages:
Self-Settlement → Mandatory Mediation at the Commune-level People’s Committee → People’s Court or Competent Administrative Authority
Step 1: Voluntary Settlement Between the Parties
Vietnamese law encourages parties to resolve land disputes through direct negotiation or community mediation conducted by local mediators before resorting to formal dispute resolution mechanisms.
Step 2: Mandatory Mediation Before the Commune-level People’s Committee
Legal Nature
For disputes concerning the determination of the lawful holder of land use rights, mediation conducted by the Commune-level People’s Committee where the disputed land is located constitutes a mandatory pre-litigation procedure before the parties may initiate court proceedings or request administrative resolution.
Statutory Time Limit
Pursuant to Clause 3, Article 235 of the 2024 Land Law, the mediation process must generally be completed within 30 days from the date the People’s Committee receives the mediation request.
Possible Outcomes
Successful Mediation
Where mediation is successful, the People’s Committee prepares a written mediation record. If the settlement results in changes to land boundaries, land area, or land users, the parties must subsequently carry out the procedures for registration of land changes.
Unsuccessful Mediation
If mediation fails, a written record of unsuccessful mediation is issued.
This document constitutes a mandatory procedural requirement for pursuing subsequent judicial or administrative dispute resolution.
Step 3: Selection of the Competent Dispute Resolution Authority
Where mediation before the Commune-level People’s Committee is unsuccessful, Article 236 of the 2024 Land Law permits the parties to choose one of the following dispute resolution mechanisms.
Option A: Litigation Before the People’s Court
This judicial mechanism applies to all land and housing disputes, regardless of whether the disputed land has already been issued a Land Use Rights Certificate.
The claimant files a statement of claim together with the record of unsuccessful mediation before the competent District-level People’s Court where the property is situated.
The Court will accept jurisdiction, conduct court-annexed mediation where appropriate, and adjudicate the dispute in accordance with the 2015 Civil Procedure Code.
Option B: Administrative Resolution by the Competent People’s Committee
Administrative dispute resolution is available only where:
- the disputed land has not been issued a Land Use Rights Certificate; and
- none of the statutory documents evidencing land use rights are available.
Jurisdiction
- The Chairperson of the District-level People’s Committee has jurisdiction to resolve disputes at first instance. Dissatisfied parties may either initiate an administrative lawsuit before the Court or lodge an administrative appeal with the Chairperson of the Provincial People’s Committee.
- The Chairperson of the Provincial People’s Committee has jurisdiction where one of the disputing parties is an organization, religious institution, or overseas Vietnamese.
2. Procedures for Obtaining an Initial Land Use Rights Certificate
The procedures governing the first issuance of a Land Use Rights Certificate to households and individuals have been standardized under the 2024 Land Law and its implementing regulations.
2.1. Eligibility for the Issuance of a Land Use Rights Certificate
Case 1: Land Supported by Documentary Evidence
Applicants may qualify where they possess lawful documents evidencing land use rights issued before 15 October 1993 or other documents recognized under Article 137 of the 2024 Land Law.
Case 2: Land Without Documentary Evidence
Pursuant to Article 138 of the 2024 Land Law, households and individuals may still qualify for an initial Land Use Rights Certificate where they demonstrate that:
- the land has been used continuously and stably;
- the land is free from disputes;
- the land use complies with applicable land use planning; and
- the statutory conditions regarding the commencement of land use are satisfied (before 18 December 1980, from 18 December 1980 to before 15 October 1993, or from 15 October 1993 to before 1 July 2014, depending on the applicable legal category).
2.2. Procedural Steps
Step 1: Submission of the Application
Applicants submit one complete application dossier to:
- the One-Stop Administrative Service Center;
- the Land Registration Office; or
- a Branch of the Land Registration Office.
The application generally includes:
- an application form requesting issuance of a Land Use Rights Certificate;
- documents evidencing land use rights or ownership of assets attached to land (if available);
- evidence of fulfillment of financial obligations; and
- personal identification documents.
Step 2: Acceptance and Preliminary Review
The receiving authority examines the application and issues an acknowledgment of receipt specifying the expected date for completion.
Step 3: Verification by the Commune-level People’s Committee
The Commune-level People’s Committee verifies:
- the origin of the land;
- the stability of land use;
- the absence of disputes; and
- other statutory conditions.
The verification results are publicly posted in accordance with legal requirements.
Step 4: Fulfillment of Financial Obligations
The Land Registration Office forwards cadastral information to the tax authority.
Following issuance of the tax notification, the applicant is required to pay:
- land use fees (where applicable);
- registration fees; and
- appraisal and administrative fees.
Step 5: Issuance of the Certificate
Upon completion of all statutory requirements, the Land Registration Office updates the cadastral records and issues the Land Use Rights Certificate to the applicant.
CONTACT LEGAL CONSULTANT:
TLA Law is a leading law firm with a team of highly experienced lawyers specializing in criminal, civil, corporate, marriage and family law, and more. We are committed to providing comprehensive legal support and answering all your legal questions. If you have any further questions, please do not hesitate to contact us.
1. Lawyer Vu Thi Phuong Thanh, Ha Noi Bar Association
Email: vtpthanh@tlalaw.vn
2. Lawyer Tran My Le, Ha Noi Bar Association
Email: tmle@tlalaw.vn
Nguyen Thuy Duong