Tranh chấp đất đai: Khi nào phải hòa giải, khi nào được khởi kiện thẳng ra Tòa? (Luật sư Lê Bình Phương phân tích)Land Disputes: When Must You Conciliate, and When Can You Go Straight to Court? (Analysis by Lawyer Lê Bình Phương)

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

Overview

Land disputes are the longest-running, most expensive, and most damaging to family relationships of any dispute type in Vietnam.

What is worth noting is that the majority of cases that drag on for years are not because the law is unclear — but because the parties did not know which path to take from the start.

Some people rush straight to court to file a claim the moment a conflict arises. The court returns it for failing to meet the conditions. Months are lost, and they have to start again from scratch.

Others do the opposite — keep “negotiating” indefinitely without knowing when to stop and switch to the legal route.

The Land Law 2025 (No. 31/2024/QH15, in force from 1 August 2024) sets out very specifically the procedure for resolving land disputes — including: when conciliation is mandatory, when you may go straight to court, and which authority has jurisdiction depending on the type of dispute.

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Relevant Legal Provisions

Article 235 of the Land Law 2025 — Conciliation of land disputes provides:

“Before a competent state authority resolves a land dispute as specified in Article 236 of this Law, the disputing parties must conduct conciliation at the commune-level People’s Committee (UBND cấp xã) where the disputed land is located.”

Conciliation time limit: no more than 30 days from the date the commune-level People’s Committee receives the application.

Clause 1 of Article 235 also encourages the parties to conciliate themselves or through a grassroots mediator before this step — but that is encouragement, not a requirement.

Article 236 of the Land Law 2025 — Jurisdiction over land disputes divides cases into two main scenarios:

• Clause 1: One or more parties hold a Land Use Rights Certificate (red book/pink book) or hold one of the documents listed in Article 137, or the dispute concerns assets attached to the land — only the court has jurisdiction.

• Clause 2: None of the parties hold a Land Use Rights Certificate and none hold Article 137 documents — the parties may choose: either file with the competent People’s Committee, or file suit in court.

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Analysis and Application

1. Commune-level People’s Committee conciliation — mandatory for almost all disputes

This is the step that very many people overlook. Before approaching the court or filing with a higher People’s Committee, the parties must conciliate at the commune-level People’s Committee where the land is located — and must have conciliation minutes (whether successful or not) as the basis for the next step.

If you file a court claim without completing this step, the court will return the claim for failing to satisfy the filing conditions.

The sole exception: areas that do not organise commune-level administrative units subordinate to the higher level — in that case this step is skipped and the matter proceeds directly to Article 236 (Article 235, clause 5).

A successful conciliation that changes boundaries, area, or the user must send the recognition document to the land registration authority within 30 working days to update the Land Use Rights Certificate.

2. With a red book — the only route is the court

If you are in a dispute with someone who has a red book, or you yourself have a red book but another person is encroaching on or seizing your land — the court is the only authority with jurisdiction. There is no other option.

From 1 July 2025, first-instance jurisdiction over civil cases (including land disputes) belongs to the regional People’s Court (TAND khu vực) under the consolidated Civil Procedure Code 2025 — no longer the former district-level People’s Court.

3. No land documentation — you may choose between the People’s Committee and the court

This is the situation that genuinely requires strategic consideration. Article 236, clause 2 allows the parties to choose between two routes:

People’s Committee route: Faster on paper. Jurisdiction lies with the Chairman of the provincial-level People’s Committee (for disputes between households/individuals) or the relevant authority after the administrative reform effective 1 July 2025. After receiving a People’s Committee decision, if dissatisfied, the parties may still file an administrative court claim or lodge a complaint with a higher authority.

Court route: Slower, but the judgment carries stronger enforcement value and can comprehensively address all related legal issues. More suitable when the dispute is complex, involves multiple parties, or requires a full re-establishment of the land’s chain of title.

In practice: the People’s Committee route is generally more suitable for simple boundary disputes where both parties know each other and are likely to comply with the decision. When the dispute is complex or one party is uncooperative, the court is the more durable option.

4. Evidence — the decisive factor on any route

Whether conciliating or going to court, evidence of the land’s origin is the foundation of the entire dispute. The categories of documents with the highest probative value: cadastral maps, cadastral registers, pre-1993 historical documents (land registration declaration forms), land tax receipts, old sale contracts. Testimony of witnesses — especially long-term local residents who know the history of the plot — is also of significant value.

Precedent No. 15/2017/AL of the Judicial Council of the Supreme People’s Court established the principle that: an oral agreement to exchange agricultural land use rights made before 15 October 1993, already declared, registered, and subject to stable continuous cultivation — is recognised by the court as valid even without a written contract.

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Real-World Situation

Situation 1: Mr A and Mr B are neighbours, in a boundary dispute since 2024. Both have red books but the certificates show areas that do not match the physical land. Mr A wants to file suit immediately. Under Article 235, Mr A must first file a conciliation application at the commune-level People’s Committee. The commune-level People’s Committee has 30 days to conduct conciliation. If it fails, Mr A obtains the failed conciliation minutes and then has the conditions to file suit at the regional People’s Court (since both parties have red books, under Article 236, clause 1).

Situation 2: Ms C and Ms D dispute a garden plot with no red book and no documentation of any kind — land inherited from their parents before 1980. After commune-level People’s Committee conciliation fails, Ms C weighs her options: file with the relevant authority (for an individual-versus-individual dispute, under the administrative framework after the reform of 1 July 2025) or file directly with the court. In this case, because the two parties still maintain a family relationship, Ms C chooses the People’s Committee route for faster resolution.

Situation 3: Mr E’s land is clearly shown in his red book, but another person has unilaterally erected a fence encroaching onto his plot. After commune-level People’s Committee conciliation fails, Mr E files at the regional People’s Court requesting an order to demolish the encroachment and compensate for damage. This is the most direct and appropriate route — the court’s judgment carries enforcement effect as soon as it takes legal effect.

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Frequently Asked Questions

I have not yet conciliated at the commune-level People’s Committee — can I file a court claim directly?

No, in almost all cases. Article 235, clause 2 of the Land Law 2025 makes commune-level People’s Committee conciliation a mandatory condition before the parties can access the resolution authorities under Article 236. Filing a court claim without conciliation minutes from the commune-level People’s Committee will result in the claim being returned. This step adds around 30 days but cannot be skipped.

Conciliation succeeded but the other side is not complying with their commitment — what should I do?

If conciliation succeeded and was confirmed by the commune-level People’s Committee under Article 235, clause 4, the document recognising the successful conciliation has legal effect. A party failing to comply can be required to perform or sued in civil court for enforcement. However, a successful conciliation document from the commune-level People’s Committee is not a court judgment and cannot be directly enforced by the enforcement authority — court proceedings are required if the other side deliberately refuses to comply.

What is the limitation period for filing a land dispute claim?

It depends on the type of claim. For claims to protect the right of ownership or lawful possession (recovering land being occupied by another): no limitation period. For damage compensation claims arising from a dispute: 3 years from the date the party knew or should have known their rights were infringed (Article 429 of the Civil Code 2015). In practice, it is advisable not to delay, as evidence becomes harder to gather over time and witnesses may no longer be available.

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Important Notes

Distinguish between two types of jurisdiction: court and People’s Committee. This is the most commonly confused point. With a red book — court only. Without a red book — the parties may choose. Failing to understand this leads to filing with the wrong authority and wasting time.

Commune-level People’s Committee conciliation is not a formality. The Conciliation Council comprises the Chairman or Vice-Chairman of the commune-level People’s Committee, a representative of the Vietnam Fatherland Front, the local cadastral official, and local persons who know the land’s history well. This is a genuine opportunity to resolve straightforward disputes without the cost and time of litigation. Many boundary disputes actually stem from misunderstandings and can be resolved at this stage.

Gather evidence from the outset. When a dispute arises, the first step is not to file an application but to collect and preserve: copies of the cadastral register, the cadastral map (particularly any pre-1993 map if available), land tax receipts, photographs of the current state, and witness statements.

From 1 July 2025, first-instance jurisdiction belongs to the regional People’s Court. Applications should no longer be filed at the former district-level People’s Court. When filing suit, identify the correct regional People’s Court with territorial jurisdiction over the location of the disputed land.

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Related Articles

• Disputes over land without a red book — how to handle them under the Land Law 2024
• Neighbour encroaching on your land — what to do to recover what you have lost
• Land disputes without a red book — overview of land use rights
• Land disputes: common types and comprehensive approaches

Conclusion

There is no single “strategy” that works for every land dispute. According to lawyer Lê Bình Phương, the important thing is to correctly identify the legal status of the plot from the very beginning — does it have a red book or not, are both parties willing to resolve it, and what is the realistic objective?

But regardless of the path chosen, commune-level People’s Committee conciliation is a non-negotiable prerequisite. Skipping this step only extends the timeline unnecessarily.

After unsuccessful commune-level People’s Committee conciliation: with a red book — go to court; without a red book — weigh up the People’s Committee versus the court depending on the complexity of the case. Thorough preparation of evidence before any step — that is what determines the final outcome.

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This article is prepared based on: Articles 235 and 236 of the Land Law 2025 (No. 31/2024/QH15, in force from 1 August 2024); Article 429 of the Civil Code 2015 (91/2015/QH13); Precedent No. 15/2017/AL of the Judicial Council of the Supreme People’s Court; the consolidated Civil Procedure Code 2025.

See also: Who is Lawyer Lê Bình Phương?