Five Important Considerations Before Initiating a Land Dispute Lawsuit

13 February, 2026 8 Views

Table of Contents

Before initiating a land dispute lawsuit, it is essential to have a clear understanding of the relevant legal provisions and to prepare thoroughly in order to safeguard one’s legitimate rights and interests. The process of resolving land disputes is often complex, involving multiple factors such as ownership rights, land use rights, land boundaries, and related transactions. Therefore, the plaintiff must pay attention to several key points to avoid errors, prevent unnecessary delays, and secure the most favorable outcome.

Determining the Type of Land Dispute

Five Important Considerations Before Initiating a Land Dispute Lawsuit

– Disputes concerning land use rights: This is a common type of dispute that arises when one party unilaterally adjusts boundaries or when both parties cannot agree on the boundary line. Another prevalent form is a claim for reclamation of land.
– Disputes over rights and obligations arising from land use: These disputes are essentially civil contract disputes. Common claims include requests for performance of contractual obligations, recognition of contract validity, or declaration of civil transactions as invalid. Another related type is disputes over the purpose of land use.
– Disputes related to land: These include disputes over land use rights in divorce cases or inheritance of land use rights and assets attached to land.

Mandatory Mediation at the Commune-Level People’s Committee Before Filing a Lawsuit

Self-Mediation or Grassroots Mediation

Clause 1, Article 235 of the Land Law 2024 provides that the State encourages parties to land disputes to engage in self-mediation or to resolve land disputes through grassroots mediation.

This is a method encouraged by the State, but the outcome is not binding on the parties and depends on their goodwill.

Mandatory Mediation at the Commune-Level People’s Committee

Clause 2, Article 235 of the Land Law 2024 stipulates that where parties to a land dispute cannot reach mediation, they shall submit an application to the People’s Committee at the commune level where the disputed land is located for mediation.

Accordingly, if the parties cannot mediate but wish to resolve the dispute, they must submit an application to the People’s Committee of the commune, ward, or township where the land is situated for mediation; failure to mediate will prevent filing a lawsuit or requesting resolution by the district or provincial People’s Committee.

The procedure for mediation of land disputes at the commune-level People’s Committee is as follows:

**Step 1:** The disputing parties submit an application requesting mediation to the People’s Committee at the commune level.

**Step 2:** Within 45 days from the date of receipt of the application, the People’s Committee at the commune level shall carry out necessary steps to conduct mediation.

**Step 3:** Preparation of the mediation minutes. Mediation may only proceed when all disputing parties are present. If one party is absent for the second time, the mediation shall be deemed unsuccessful. Mediation must be recorded in minutes bearing the signatures of the parties and the certification of the People’s Committee at the commune level.

Timeframe for Resolving Land Disputes

Five Important Considerations Before Initiating a Land Dispute Lawsuit

The timeframe for resolving land disputes is specifically regulated under Article 203 of the Civil Procedure Code 2015, as follows:

– Preparation for trial generally lasts 4 months from the date of case acceptance. For complex cases or those involving objective obstacles, the preparation period may be extended once, but not exceeding an additional 2 months.
– The time limit for bringing the case to first-instance trial is 1 month, extendable to a maximum of 2 months for justifiable reasons.

However, these are only the statutory periods for first-instance trial and do not account for adjournments requested by the parties or temporary suspension of the case. In practice, land dispute cases can take several years to resolve.

Determination of Jurisdiction over Land Disputes

Jurisdiction by Nature of the Case

Pursuant to Clause 9, Article 26 of the Civil Procedure Code 2015, land disputes as prescribed by land law fall under the jurisdiction of the court.

Jurisdiction by Level of Court

Pursuant to Point a, Clause 1, and Clause 3, Article 35 of the Civil Procedure Code 2015, land disputes fall under the jurisdiction of the district-level People’s Court, except in cases involving a party or requiring judicial entrustment to Vietnamese diplomatic representations abroad or foreign courts/authorities.

Territorial Jurisdiction

Point c, Clause 1, Article 39 of the Civil Procedure Code 2015 provides that: “Where the subject matter of the dispute is immovable property, only the People’s Court at the location of the immovable property has jurisdiction.”

Accordingly, when preparing the lawsuit dossier, it must be filed with the district-level People’s Court (district, county, town, or provincial city People’s Court) at the location of the disputed land.

At the same time, the plaintiff may submit the dossier by one of the following three methods:

Direct submission at the Court (most common);
Submission via postal services;
Online submission through the Court’s electronic information portal.

Court Fees for Filing a Land Dispute Lawsuit

– Non-valued civil cases: Cases in which the claim is not a specific monetary amount or cannot be valued in monetary terms.
– Valued civil cases: Cases in which the claim is a specific monetary amount or involves assets that can be valued in monetary terms.

Pursuant to the fee schedule attached to Resolution 326/2016/UBTVQH14, first-instance civil court fees for filing a lawsuit are as follows:

TT	First-Instance Civil Court Fees	Fee Amount
1	Non-valued civil disputes	300,000 VND
2	Valued civil disputes
2.1	Up to 6 million VND	300,000 VND
2.2	Over 6 million VND to 400 million VND	5% of the disputed asset value
2.3	Over 400 million VND to 800 million VND	20 million VND + 4% of the disputed asset value exceeding 400 million VND
2.4	Over 800 million VND to 2 billion VND	36 million VND + 3% of the disputed asset value exceeding 800 million VND
2.5	Over 2 billion VND to 4 billion VND	72 million VND + 2% of the disputed asset value exceeding 2 billion VND
2.6	Over 4 billion VND	112 million VND + 0.1% of the disputed asset value exceeding 4 billion VND

Costs of Engaging a Lawyer for Land Dispute Resolution at BKC Law

The cost of engaging a lawyer to assist with land dispute resolution at BKC Law is determined based on various factors, including the complexity of the case, the value of the disputed assets, the volume of work required, and the client’s specific requirements. We understand that land disputes often involve significant rights and necessitate in-depth legal advice. Therefore, BKC Law is committed to providing high-quality legal services at reasonable and transparent fees.

Upon contact, our team of lawyers will conduct a preliminary assessment of the case and propose appropriate resolution strategies. Based on this, we will provide a detailed fee quotation, including fixed fees and any potential additional costs, enabling the client to fully understand the total expenses from the outset. BKC Law focuses not only on maximizing protection of the client’s rights but also on saving time and costs throughout the dispute resolution process, delivering peace of mind and complete confidence.

To receive free legal consultation at BKC Law, please contact our lawyers using the following information:

Telephone: 0901 3333 41
Email: info@bkclaw.vn
Branch in District 1: 9th Floor, Diamond Plaza Building, 34 Le Duan Street, District 1, Ho Chi Minh City
Branch in Binh Tan: 41 Ten Lua Street, Binh Tan District, Ho Chi Minh City