Common Land Dispute Situations in Vietnam

Land is a special type of property closely tied to human rights and the livelihood of many families. Therefore, when disputes arise, the consequences can be significant. In Vietnam, in recent years, along with rapid urbanization, land-use conversion, and the booming real estate market, land disputes have become increasingly complex. Below are the most common types of land disputes and important considerations for resolving them.

1. Common Types of Land Disputes

1.1 Disputes over Land Use Rights

– Boundary and demarcation disputes
Many disputes arise between adjacent landowners due to unclear boundary markers or one party encroaching upon another’s land. When the land use right certificate (LURC) lacks clear boundaries or measurements are inaccurate, disputes become more likely.

– Disputes over reclaiming land or previous land use rights
In many cases, the original owner (parents, previous transferor) files a claim to reclaim land that has since been used by others. This often occurs when land transactions or transfer contracts were informal, unclear, or lacked legal procedures.

– Disputes over land and assets during divorce or division of common property
When a couple divorces, and their common property includes land or houses built on land, disputes often arise regarding how to divide the property. The situation becomes more complicated when the LURC is jointly owned or the ownership status is unclear.

– Inheritance disputes over land use rights
When a land user dies without a valid will or leaves a conflicting will, heirs may disagree over how to divide the land. This is especially common when the land area is large, valuable, or when heirs have different levels of legal understanding.

1.2 Disputes Arising During Land Use

– Disputes over land transfer, lease, or capital contribution contracts
Conflicts frequently occur when parties dispute over a contract — for instance, the seller fails to hand over land on time, the buyer fails to pay, or the contract is declared void or canceled. These disputes arise after land use rights have been established but execution between parties becomes problematic.

– Disputes over land use purpose or illegal land-use conversion
Some cases involve land permitted for one purpose (e.g., agricultural use) being unilaterally converted to another purpose (e.g., residential use or construction), violating planning regulations. This leads to disputes with government agencies or surrounding land users.

– Disputes over compensation and resettlement when land is expropriated by the State
When the State recovers land for public projects or socio-economic development, disputes often arise regarding compensation value, recovered area, valuation time, or unsatisfactory resettlement locations. These disputes are especially common in urban areas, industrial zones, and regions undergoing infrastructure expansion.

1.3 Disputes Caused by Changes in Land Laws

– Disputes over uncertified land
If a land user has not yet been granted a land use right certificate or lacks sufficient legal documentation, determining ownership is difficult. Such land is highly vulnerable to disputes, especially during transfer or inheritance.

– Disputes over land prices or discrepancies in actual versus recorded area
Disputes may occur when the actual land area differs from the area recorded on official documents, or when authorities update land price frameworks, leading to disagreements between land users and local governments.

– Disputes resulting from new policies, planning, or legal reforms
The 2024 Land Law (No. 31/2024/QH15) introduces significant changes regarding jurisdiction, dispute resolution, and land-use conversion. These adjustments can create new disputes due to unclear transitions between old and new regulations.

Specifically, under the new law:

• Land disputes with a valid land use right certificate must be settled by the Court.

• Land disputes without certificates can be resolved either by the People’s Committee (UBND) or through court litigation, depending on the parties’ choice.

2. New Mechanisms for Resolving Land Disputes under the 2024 Land Law

2.1 Clearer Jurisdiction

Under Article 236 of the 2024 Land Law, if a dispute involves land that has been granted a certificate, the Court has exclusive jurisdiction to resolve it. In cases where no certificate exists, the disputing parties may choose between filing a claim with the People’s Committee or initiating a lawsuit in court.

2.2 Mandatory Mediation at the Commune Level

Article 235 of the 2024 Land Law stipulates that, before bringing a dispute to a competent authority, the parties must first attempt mediation at the commune-level People’s Committee where the land is located (except for specific exceptions). The mediation process must be completed within no more than 30 days.

However, it should be noted that for disputes over contracts, inheritance, or other civil matters, mediation at the commune level is not mandatory before filing a lawsuit.

2.3 Conditions for Filing Lawsuits and Litigation Procedures

The new law maintains the previous requirement: for disputes determining “who has the right to use the land,” failure to mediate at the commune level means the case cannot be filed in court.
For other disputes (e.g., contractual or inheritance-related), the claimant may file directly with the competent court without the mediation requirement.

In addition, the petition must include:

• The mediation record (if applicable)

• ID card or citizen identification

• Household registration

• List of evidence and supporting documents

• Proof that the dispute has not been previously resolved by a legally effective decision

3. Practical Tips for Handling Land Disputes

• Review all legal documents carefully before any purchase, transfer, or inheritance — especially the LURC, contracts, measurement drawings, and official confirmations.

• Keep all evidence from the beginning, including transaction records, contracts, photographs, witness statements, and land use logs.

• Initiate mediation early at the commune level to save time, cost, and prevent escalation into lengthy litigation.

• Calculate specific damages — such as lost profits, delayed handover losses, or legal expenses — to strengthen your negotiation or court claim.

• Stay updated on new regulations, particularly the 2024 Land Law, to ensure your rights are protected under current legislation.

• Engage experienced lawyers or land specialists when dealing with major disputes or technical issues involving surveys, maps, or zoning.

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