Attorney Consulting on Land Disputes and Current Types of Land Disputes

Alongside rapid economic development, transactions and legal relations concerning land (real estate) have become increasingly frequent and widespread. This has led to a rise in land disputes between parties, which are often among the most complex and protracted civil litigation cases that courts must resolve.

Therefore, to ensure prompt, timely, and equitable resolution of land disputes while safeguarding the legitimate rights and interests of the parties involved, BKC Law Firm—with its team of highly experienced lawyers specializing in land law and land dispute litigation—is always ready to provide the best possible support. We can assist clients from the earliest stages of a land dispute through to final resolution, specifically as follows: Upon the occurrence of a dispute, we offer consultation, case assessment, and initial resolution strategies prior to litigation or participation in the proceedings. Subsequently, we assist in verifying facts, collecting documents and evidence to prepare for case resolution. Finally, we draft petitions and lawsuit files and directly represent clients in proceedings before the competent court until the matter is fully resolved.

To provide a clearer perspective on land (real estate) dispute resolution and the best choice of legal support for effectively handling such disputes, BKC Law addresses all related concerns in the following article:

1. Legal Grounds

• Civil Code 2015
• Land Law 2013
• Civil Procedure Code 2015

2. What is a Land (Real Estate) Dispute?

Pursuant to Clause 24, Article 3 of the Land Law 2013, it is stipulated:

“Land disputes are disputes over the rights and obligations of land users between two or more parties in land relations.”

Accordingly, land disputes encompass conflicts concerning the rights and obligations of the parties in land-related relationships.

3. Services Provided by BKC Law in Resolving Land Disputes

To meet the legal needs and expectations of our clients, BKC Law Firm has prepared and offers a full range of services related to land disputes, specifically as follows:

• Consultation, evidence collection, drafting of petitions and lawsuit files, and participation in proceedings before competent state agencies and courts to resolve disputes arising from contracts for the sale, transfer of land use rights and assets attached to land.
• Consultation, evidence collection, drafting of petitions and lawsuit files, and participation in proceedings before competent state agencies and courts to resolve disputes arising from deposit contracts for the sale or transfer of land use rights and assets attached to land.
• Consultation, evidence collection, drafting of petitions and lawsuit files, and participation in proceedings before competent state agencies and courts to resolve disputes arising from gift contracts concerning land use rights and assets attached to land.
• Consultation, evidence collection, drafting of petitions and lawsuit files, and participation in proceedings before competent state agencies and courts to resolve disputes arising from mortgage contracts concerning land use rights and assets attached to land between individuals, organizations, or with banks.
• Consultation, evidence collection, drafting of petitions and lawsuit files, and participation in proceedings before competent state agencies and courts to resolve disputes arising from promise-to-sell, promise-to-buy, or promise-to-transfer contracts concerning land use rights and assets attached to land.
• Consultation, evidence collection, drafting of petitions and lawsuit files, and participation in proceedings before competent state agencies and courts to resolve disputes arising from loan-for-use or exchange contracts concerning land use rights and assets attached to land.
• Consultation, evidence collection, drafting of petitions and lawsuit files, and participation in proceedings before competent state agencies and courts to resolve disputes arising from contracts for the sale or transfer of off-plan housing (apartments or housing projects).
• Consultation, evidence collection, drafting of petitions and lawsuit files, and participation in proceedings before competent state agencies and courts to resolve disputes concerning land boundaries and encroachment on land use rights.
• Consultation, evidence collection, drafting of petitions and lawsuit files, and participation in proceedings before competent state agencies and courts to resolve disputes concerning division of common property consisting of land and houses.
• Consultation, evidence collection, drafting of petitions and lawsuit files, and participation in proceedings before competent state agencies and courts to resolve disputes concerning compensation, site clearance, and resettlement when the State or organizations reclaim land and assets thereon for public or private projects.
• Consultation, evidence collection, drafting of petitions and lawsuit files, and participation in proceedings before competent state agencies and courts to resolve disputes concerning division of inheritance consisting of land use rights and assets attached to land.
• Consultation, evidence collection, drafting of petitions and lawsuit files, and participation in proceedings before competent state agencies and courts to resolve disputes concerning agreements to contribute capital in the form of land use rights in enterprises.

4. Information, Documents, and Materials Clients Need to Provide to BKC Law for Land (Real Estate) Dispute Resolution

To ensure accurate, prompt consultation, drafting of documents and lawsuit files, and case resolution, BKC Law requests that clients provide the following documents:

• When requesting BKC Law’s services, clients should prepare and clearly explain the case details, presenting them in detail to the lawyer.
• Land Use Rights Certificate and Certificate of Ownership of Assets Attached to Land (pink book or red book); or any of the documents related to land use rights under Article 100 of the Land Law 2013, such as: notarized/certified sale, gift, or transfer contracts (including handwritten agreements); payment receipts; confirmation documents from the People’s Committee or competent authorities; tax payment receipts, etc.
• Minutes of land dispute conciliation at the commune/ward People’s Committee where the land is located.
• Citizen Identity Cards, birth certificates, death certificates (copies), etc., of the client seeking consultation and any other related parties (if applicable).
• Other relevant documents.

*Note: Depending on the specific case, BKC Law lawyers may request additional types of documents from the client.

5. Procedures and Steps for BKC Law’s Land Dispute Resolution Services

After receiving the case details and client requests, BKC Law will proceed with the following steps to resolve the matter:

Step 1: BKC Law receives the client’s case details, conducts a review, provides consultation on relevant legal provisions, and addresses any concerns. At the same time, we propose resolution options for the client to select and decide.

Step 2: If the client agrees to engage the proposed services, BKC Law will execute a legal service contract to proceed with case resolution.

Step 3: Assist the client in pre-litigation procedures or in collecting, supplementing, and completing documents and evidence prior to filing the lawsuit.

Step 4: Guide and assist the client in drafting petitions, complaints, or lawsuit files to submit to the competent authority.

Step 5: Represent the client in working with committees, courts, or competent state authorities to resolve the matter and protect the client’s rights and interests.

*Note: The duration for resolving land disputes will depend on the nature of the dispute, the resolving authority, or the complexity of the case. However, for land disputes resolved at court, the litigation period from filing the lawsuit to completion of first-instance resolution is typically from 04 to 06 months as prescribed by the Civil Procedure Code 2015.

6. Fees for Land (Real Estate) Dispute Resolution Services at BKC Law

The fee quotation by BKC Law is determined based on the client’s specific requirements, the nature and complexity of the case, including: whether the client requests services for individual stages or full-case resolution; the level of complexity and expected resolution time; the geographical distance between the dispute resolution venue/land location and BKC Law’s current office location, etc. Therefore, to receive an accurate and suitable fee proposal from BKC Law, clients may visit our office directly or contact us via hotline or Zalo for detailed discussion and the most appropriate fee quotation.

The above is BKC Law Firm’s article on land dispute resolution services, participation in land dispute proceedings at BKC Law, and common types of land (real estate) disputes currently occurring. Any inquiries or requests from clients will be received and addressed through our Company’s hotline.