Tranh chấp đất đai: Các dạng phổ biến và cách xử lý (Luật sư Lê Bình Phương phân tích)Land Disputes: Common Types and How to Handle Them (Analysis by Lawyer Lê Bình Phương)

Reference translation for convenience. The Vietnamese version is the authoritative text.

Overview

Land disputes are among the most complex and common civil disputes in Vietnam. The distinctive nature of land — as both a high-value asset and one tied to a long history of use and multiple layers of documentation — means disputes arise not only at the legal level but also have deep impacts on family, neighbourhood, and community relationships.

The most important step before choosing a course of action is to correctly identify the type of dispute and the land documentation currently held, because these two factors directly determine which authority has jurisdiction and which procedure must be followed.

Relevant Legal Provisions

On mandatory conciliation:

Article 235, clause 2 of the Land Law 2025 (31/2024/QH15) provides that: before a competent state authority resolves a land dispute, the disputing parties must conduct conciliation at the commune-level People’s Committee (UBND cấp xã) where the disputed land is located. The commune-level People’s Committee is responsible for forming a Conciliation Council and conducting conciliation within no more than 30 days from the date of receiving the application, extendable by a further 30 days.

This is a mandatory step. Without conducting conciliation at the commune-level People’s Committee, a court filing or an application to the competent People’s Committee will not be accepted.

On jurisdiction:

Article 236 of the Land Law 2025 sets out two scenarios distinguished by documentation:

Clause 1: Where one of the parties holds a Land Use Rights Certificate (red book/pink book) or valid documents as specified in Article 137, the court has jurisdiction.

Clause 2: Where none of the parties holds valid documentation, the parties may choose: either file with the competent People’s Committee or bring a court claim.

On limitation periods:

Article 623, clause 1 of the Civil Code 2015 (91/2015/QH13) provides that the limitation period for claiming division of an estate is 30 years for immovable property (including land use rights), calculated from the time the inheritance opens.

Common Types of Land Disputes

Boundary disputes are the most frequently encountered type in older residential areas, particularly where land has not been precisely surveyed or where the physical boundary does not match the cadastral map. They typically arise when one party builds a fence, house, or cultivates land that extends onto a neighbour’s plot.

Disputes over land use rights — who holds the right — arise when land has been transferred through multiple generations by handwritten documents without notarisation, or when multiple persons claim the same land based on different sources of title (gifts, sales, initial clearing and cultivation).

Disputes over land use rights transfer contracts include: deposits paid for land purchase where the seller fails to perform; completed transfer contracts where title has not yet been registered; or contracts declared void due to violations of formal or legal requirements.

Inheritance disputes over land use rights arise when the deceased left no will or the will is contested; heirs disagree on how to divide the estate (land), particularly where the land has not been registered in any individual’s name.

Common property disputes on divorce relate to determining whether land is joint or separate property of either spouse, and how to divide land use rights when physical division is not possible.

Analysis and Recommended Approaches

Step 1. Identify the documentation currently held. This is the pivotal step as it determines which authority has jurisdiction. If there is a red book or valid documents under Article 137 of the Land Law 2025 — file with the court. If none exist — choose between the People’s Committee or the court.

Step 2. File a conciliation application at the commune-level People’s Committee. This step cannot be skipped. A successful conciliation has legal effect and can save significant time and cost. If conciliation fails — obtain the failed conciliation minutes as the basis for filing with the competent authority.

Step 3. Choose a course of action after unsuccessful conciliation. For land with documentation: file suit at the competent regional People’s Court (TAND khu vực) under civil procedure rules. For land without documentation: carefully weigh the People’s Committee option (faster but further appeal remains possible) against the court option (slower but the judgment carries full legal effect once the appeal period expires).

MBA., Esq. Lê Bình Phương notes: many land disputes that drag on for years are not due to unclear law, but because parties fail to gather sufficient evidence at the outset — particularly evidence of the land’s origin and continuous use. Investing in thorough documentation at the conciliation stage almost always creates a decisive advantage if the matter must proceed to trial.

Real-World Situation

Mr H. in Long An Province has a 500 m² agricultural plot left to him by his father in 1998 with no red book — only handwritten documents and land tax receipts. His elder brother began a dispute after the father’s death, claiming the entire plot belonged to the father and had not yet been divided.

Because there were no valid documents under Article 137 of the Land Law 2025, Mr H. could choose to resolve the matter with the People’s Committee or the court under Article 236, clause 2. He filed a conciliation application at the commune-level People’s Committee — conciliation failed. He then filed suit at the regional People’s Court, using land tax receipts, handwritten documents, and witness testimony to prove continuous land use.

An important point: the limitation period for an inheritance dispute over land use rights under Article 623 of the Civil Code is 30 years from the opening of the inheritance — so even though several years had passed since the father’s death without division, Mr H. still had time to sue. However, the longer the wait, the harder it becomes to gather evidence of the land’s origin.

Frequently Asked Questions

Is conciliation mandatory before filing a land dispute claim?
Yes, this is a mandatory procedure under Article 235, clause 2 of the Land Law 2025.

According to lawyer Lê Bình Phương, without conciliation minutes from the commune-level People’s Committee, a court filing will be returned. This is not a formality. The commune-level Conciliation Council can produce an important document confirming the current state of the disputed land, which carries evidential value in later proceedings.

For land without a red book, where should the application be filed?
The parties may choose between the competent People’s Committee and the court under Article 236, clause 2.

According to lawyer Lê Bình Phương, for land without valid documentation, the choice between the People’s Committee and the court depends on the nature of the dispute: the People’s Committee is more appropriate when the dispute is straightforward and a fast resolution is needed; the court is more appropriate when the case is complex, requires comprehensive adjudication, or needs to be combined with other civil claims.

How long is the limitation period for an inheritance dispute over land use rights?
30 years from the opening of the inheritance for immovable property, under Article 623, clause 1 of the Civil Code 2015.

According to lawyer Lê Bình Phương, although the 30-year period is long, many parties still lose their right to sue by miscalculating the time the inheritance opened — particularly in cases of death without a death certificate. Accurately determining the time of opening of the inheritance is the first step in any land inheritance dispute consultation.

Important Notes

Land disputes concerning land use rights transfer contracts have their own limitation period under civil law on contracts — different from the inheritance limitation period. This is a point many people confuse when asking “do I still have time to sue?”

A successful conciliation at the commune-level People’s Committee — where both parties voluntarily comply and a conciliation record is drawn up — has legal effect and may be sent to the land registration authority to update the cadastral records without going through the courts. This is a clear advantage in time and cost compared to a judicial ruling.

For complex disputes involving multiple land plots, multiple heirs, or layered contractual elements — a thorough assessment of the legal basis and evidence is needed before choosing a course of action, because the wrong litigation strategy can consume years without result.

Conclusion

Land disputes in Vietnam can be resolved through multiple avenues — but which procedure is appropriate depends on the current documentation and the specific type of dispute. Articles 235 and 236 of the Land Law 2025 create a clear legal framework: mandatory commune-level conciliation, then routing by documentation type. The key is not “file quickly” but “prepare correctly” — comprehensive evidence from the very beginning always creates a decisive advantage when the matter must go to trial.

See also: Who is Lawyer Lê Bình Phương?

Related Articles

• What does it cost to hire a lawyer for a land dispute?
• Void land use rights transfer contracts: legal consequences and remedies
• Boundary disputes: how to prove your case and resolve the dispute
• Inheritance disputes over land use rights when there is no will
• Evidence in land disputes: what types does the court accept?