Initiating a Land Dispute Lawsuit

Lands and houses are significantly valuable assets. So, there are quite a few civil disputes related to the ownership and use of houses and land currently. Most of these litigiousness’s must be resolved in court, within a long period.

Common cases of disputes related to land use and homeownership include:

1. Inheritance disputes, including requests for the recognition/rejection of the will, especially if the property has passed through multiple owners and generations.
2. Land boundary disputes, encroachment on land.
3. Disputes regarding house purchase contracts, and transfer of land use rights.

Relevant legal documents:

1. Civil Procedure Code 2015
2. Civil Law 2015
3. Land Law 2013

Mediation of land disputes:

1. According to Article 202 of the Land Law 2013, disputes related to land must be mediated at the commune-level People’s Committee before proceeding with further resolution steps.
2. The mediation process will be formed as a document with the signatures of the involved parties and confirmed by the commune-level People’s Committee, either successful or unsuccessful mediation.
3. The record confirming unsuccessful mediation is a prerequisite for litigation in court.

Litigation in court:

• In cases the mediation cannot be achieved, either party may file a lawsuit with the district-level court in the relevant locality to seek a resolution of the dispute.

The litigation file includes:

1. Complaint petition.
2. Information of the defendant.
3. Documents and papers related to the disputed land.
4. The unsuccessful mediated confirmation.

After the court receives the petition, there is a request for court fee advances. The petitioner needs to submit the court fee advances and give the receipt to the court to officially accept the case.

Role of Attorneys in Dispute Resolution

1. Legal proceedings in court involve numerous tasks, such as filing a lawsuit, submitting evidence, seeking opinions, mediating in court, extracting legal records, filing counterclaims (if the defendant), participating in court hearings, etc…
2. In cases where there is a first-instance judgment, the next step is the appeal, participating in the appellate court session (and even submitting a request for the Cassation, retrial if you disagree with the appellate judgment). In cases the judgment is effective, the execution of the judgment must be continued (in cases the obligated party under the judgment does not voluntarily comply, it must go through the Enforcement Agency).
3. Individuals may overlook crucial tasks, affecting their rights because they lack of experience. Therefore plaintiffs and defendants (as well as those who have related rights and responsibilities) often seek the assistance of lawyers to ensure no important tasks are overlooked, especially in land disputes.
4. On the other hand, many real disputes can be resolved through mediation step in court, where parties hear the judge’s and lawyers’ interpretations. Lawyers, with their legal knowledge, can clarify and propose solutions for the parties, ensure the rights and responsibilities of all parties (rather than resolving disputes according to rigid legal provisions).

The experienced lawyers of An Law Vietnam are always ready to advise and support clients, analyze legal issues in disputes, and build plans to resolve disputes most cost-effectively. An Law Vietnam is always ready to accompany clients to participate in litigation in court in various dispute cases and protect the legal rights and interests of clients.

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