Disputes Related to the Issuance of Land Use Right Certificates in Vietnam
Land disputes are among the most complex and contentious legal issues that arise during the process of obtaining a Land Use Right Certificate (“LURC” or “Red Book”) in Vietnam. Can a disputed piece of land still be granted a certificate? What new regulations apply? This article provides an in-depth analysis of current legal provisions and practical solutions to ensure your lawful land rights are protected.
1. The Nature of Disputes in the LURC Issuance Process
1.1. Definition and Common Types of Land Disputes
Land disputes, in the context of LURC issuance, typically occur when there are disagreements among parties regarding boundaries, land area, ownership rights, or the lawful origin of land use.
Such disputes can generally be classified into two categories:
Disputes over land without a certificate, where land use rights have not yet been officially recognized by the government.
Disputes over land that already has a certificate, where other parties raise objections, claims, or new ownership rights.
The core issue is that the issuance of a LURC requires land use rights to be clearly determined, free from any unresolved legal conflicts.
1.2. Current Legal Regulations — Can Disputed Land Be Granted a LURC?
The 2024 Land Law and its accompanying regulations clearly stipulate that a Land Use Right Certificate cannot be issued for land that is currently in dispute. According to Article 151(1)(e) of the new Land Law, any land parcel subject to an ongoing dispute without a final court judgment, decision, or legally effective document confirming ownership shall be excluded from eligibility for a LURC.
A key update under Decree No. 151/2025/NĐ-CP (effective from July 1, 2025) is that local People’s Committees at the commune level are no longer required to issue a separate “no dispute” confirmation in LURC application files. However, this does not mean that disputes will be ignored—if a dispute is discovered during verification, authorities still have the right to deny issuance.
Moreover, even land that already has a certificate may later become the subject of a dispute. Under Article 236 of the 2024 Land Law, if a dispute arises over property rights attached to land, or between certificate holders, the Court remains the competent authority to resolve the matter.
In other words, a recognized ownership right can still be reconsidered in subsequent disputes, and ownership cannot be deemed absolute while legal conflicts remain unresolved.
2. The Dispute Resolution Process and Completion of the LURC Procedure
2.1. Step 1 – Mediation at the Commune-Level People’s Committee
When a dispute arises, the first mandatory step is mediation at the Commune People’s Committee where the land is located, as required under Article 235(2) of the 2024 Land Law. The mediation process must be completed within 30 days from the date the request is received.
If mediation is successful, the official mediation record (certified by the Commune People’s Committee) may serve as a basis for continuing the LURC application process. If mediation fails, the dispute will proceed either through administrative channels or through litigation in court.
2.2. Step 2 – Administrative Resolution or Court Litigation
If mediation is unsuccessful, there are two main options:
Administrative resolution: Requesting settlement by the District or Provincial People’s Committee, depending on the scale of the dispute and whether it involves organizations, in accordance with Decree No. 102/2024/NĐ-CP and the 2024 Land Law.
Court litigation: Filing a lawsuit at the competent People’s Court under the Civil Procedure Code—particularly applicable where the dispute concerns land that already has a LURC or involves property rights attached to land.
The final decision or legally effective judgment will determine which party is entitled to the land use rights. Only after such a decision can the recognized land user apply for a LURC.
2.3. Step 3 – LURC Application after Dispute Resolution
Once a legally binding court decision, administrative ruling, or valid mediation record has been issued, the recognized land user may proceed with the following steps:
Prepare the dossier: Application form, effective judgment/decision, documents proving land origin, and personal identification papers.
Submit the dossier to the Land Registration Office (district-level or via the one-stop administrative center).
Verification: The authority conducts inspections, site surveys, and boundary checks to ensure compliance with the judgment/decision.
Fulfill financial obligations (if applicable).
Issuance: The LURC will be granted once all conditions are met.
Note: From July 1, 2025, under Decree No. 151/2025/NĐ-CP, the processing time for first-time registration is reduced to 17 days, and issuance time to 3 days, streamlining administrative procedures.
3. Key Considerations and Strategies to Protect Your Rights
3.1. Avoid Transactions Involving Disputed Land
Engaging in land transactions—such as transfers, mortgages, or capital contributions—while the land is still under dispute poses serious risks. Such contracts are often deemed invalid or subject to annulment by the court, leaving both parties exposed to potential financial losses.
3.2. Preserve Evidence and Manage Time Effectively
To improve your chances in dispute resolution, gather and maintain strong evidence: sale contracts, land use confirmations, cadastral maps, correspondence with local authorities, photos of the current land status, and witness statements from neighbors.
After a dispute is settled, it is highly advisable to promptly register land changes or apply for a LURC to prevent future disputes.
3.3. Be Cautious with “No Dispute” Confirmations
Although, from July 1, 2025, commune-level authorities are no longer required to confirm “no dispute” in LURC dossiers, if a dispute is later found during verification, the application may still be rejected for failing to meet legal conditions.
3.4. Monitor Legislative Updates and Policy Revisions
There are ongoing policy discussions regarding adjustments to land-use fee payments, supplemental contributions, and procedural simplifications to address long-standing issues such as “built property without certificates.” Staying informed about draft laws, decrees, and new guidance is crucial to anticipate how your rights may be affected.
4. Conclusion
Land-use disputes represent a major legal barrier to obtaining a Land Use Right Certificate in Vietnam. Under the 2024 Land Law and its guiding decrees, land that is under dispute cannot be granted a certificate until a final, legally effective decision or judgment is issued.
Land users should proactively pursue mediation, initiate legal proceedings when necessary, preserve evidence, and complete the LURC process promptly once the dispute has been resolved and the right to use the land has been legally recognized.
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