9th Floor Diamond Plaza Building, 34 Le Duan, Ben Nghe Ward, District 1, Ho Chi Minh City
info@bkclaw.vn
0901 333 341
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Disputes arising from land use rights transfer contracts often occur due to disagreements between the parties regarding contract terms, unclear legal conditions, or breaches of commitments. These disputes can lead to serious legal consequences, affecting the rights and assets of the involved parties. Resolving such disputes must be conducted cautiously and professionally, ensuring full compliance with legal regulations and protecting legitimate interests. Timely intervention by legal experts can help the parties reach a fair resolution, minimize losses, and save time and costs.
Contract disputes concerning land use rights transfer involve disagreements over the content of the contract and the rights and obligations of the parties under the contract.
Common disputes related to land use rights transfer contracts include:
– The transferee of land use rights fails to continue payment to the transferor after the land has been transferred into the transferee’s name;
– The land use rights certificate is forged;
– Incomplete documentation: The land parcel lacks sufficient documents as required by the Land Law, or the land area is too small to be subdivided, which is also a common type of dispute;
– Disputes arising from a land user transferring the same land parcel by handwritten agreement to multiple parties at the same time;
– Transfer of land use rights belonging to a household without the consent of all co-users: In land transactions, there are cases where land use rights belong to a household, but the seller deliberately conceals this from the buyer and does not have the transaction notarized for full verification. Consequently, in the event of a dispute, the contract may be declared invalid;
– In addition, if the land use rights transfer between the two parties affects the rights and interests of a third party, the third party has the right to request cancellation of the executed land use rights transfer contract to protect their interests. Therefore, the third party may also be a party to the land use rights transfer contract dispute and play a direct role in the legal validity of the contract;
– The land use rights transfer contract is not notarized or certified: Pursuant to Point a, Clause 3, Article 27 of the Land Law 2024, land use rights transfer contracts must be notarized or certified. If not notarized or certified, the transfer is deemed invalid;
– Disputes arising from various other causes.
* Voluntary mediation or mediation at the grassroots level
Clause 1, Article 235 of the Land Law 2024 provides:
“The State encourages the disputing parties to voluntarily mediate or 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 provides:
“Where the disputing parties fail to reach mediation, they shall submit an application to the commune-level People’s Committee where the disputed land is located for mediation.”
Pursuant to Clause 2, Article 236 of the Land Law 2024, in disputes where the parties do not possess a Certificate or one of the documents on land use rights specified in Article 137 of the Land Law 2024, the parties may choose one of the following two resolution methods:
– Submit an application requesting resolution of the dispute to the competent People’s Committee (if the dispute is between households or individuals, submit to the district-level People’s Committee).
– Initiate a lawsuit at the People’s Court where the disputed land is located in accordance with civil procedure law.
Pursuant to Clauses 1 and 2, Article 236 of the Land Law 2024, the following disputes may be brought before the People’s Court:
– Land disputes where the parties possess a Certificate or one of the documents specified in Article 137 of the Land Law 2024.
– Disputes concerning assets attached to land (houses, construction works, etc.).
– Land disputes where the parties do not possess a Certificate or one of the documents specified in Article 137 of the Land Law 2024.
Disputes over land use rights transfer contracts are civil contract disputes falling under the jurisdiction of the People’s Court.
Pursuant to the Civil Procedure Code 2015, jurisdiction over disputes concerning land use rights transfer contracts includes jurisdiction by case type, jurisdiction by court level, and territorial jurisdiction, specifically:
Jurisdiction by case type
Disputes over land use rights transfer contracts are civil contract disputes as stipulated in Clause 3, Article 26 of the Civil Procedure Code 2015 and fall under the jurisdiction of the People’s Court.
Jurisdiction by court level
Pursuant to Points a and b, Clause 1, Article 35 of the Civil Procedure Code 2015, jurisdiction over disputes concerning land use rights transfer contracts lies with the district-level People’s Court. In cases involving parties or assets abroad or requiring judicial entrustment to the representative agency of the Socialist Republic of Vietnam abroad or to foreign courts or competent authorities, jurisdiction lies with the provincial-level People’s Court.
Territorial jurisdiction
Pursuant to Points a and b, Clause 1, Article 39 of the Civil Procedure Code 2015:
Step 1: Filing the Lawsuit Petition
Submit the lawsuit petition to the competent Court by one of the following methods:
Step 2: The Court Receives and Processes the Lawsuit Petition
Step 3: Acceptance of the Lawsuit Petition
Pursuant to Article 195 of the Civil Procedure Code 2015, if the lawsuit dossier is complete and the case falls under the Court’s jurisdiction, the Judge shall issue a notice requiring the petitioner to pay the advance court fee (if applicable). Within 07 days from the date of receipt of the Court’s notice on payment of the advance court fee, the petitioner must pay the advance court fee and submit the receipt to the Court.
Step 4: Preparation for First-Instance Trial
The preparation period for trial is 4 months from the date of acceptance. In cases of complex nature, force majeure, or objective obstacles, the period may be extended but not exceeding 02 months.
Pursuant to Clause 2, Article 230 of the Civil Procedure Code 2015, during the trial preparation phase, the Judge performs the following duties and powers:
Step 5: Opening the First-Instance Trial Session
Within 01 month from the date of the decision to bring the case to trial, the Court must open the trial session; in cases with justifiable reasons, this period is 02 months.
After receiving the case details and requirements from the client, BKC Law will proceed with the following steps to resolve the matter:
Step 1: BKC Law receives the client’s case details, studies and advises on relevant legal provisions, and resolves the client’s concerns. At the same time, proposed resolution options are presented for the client to select and decide.
Step 2: If the client agrees to the proposed service, BKC Law will sign a legal service contract to proceed with resolving the matter.
Step 3: Assist the client in carrying out pre-litigation procedures or collecting evidentiary documents, supplementing and completing the dossier before filing the lawsuit.
Step 4: Guide and assist the client in drafting petitions, complaints, or lawsuit documents to submit to the competent authority.
Step 5: Represent the client in working with committees, Courts, or competent state agencies to resolve and protect the client’s rights and legitimate interests.
*Note: The time required to resolve land disputes depends on the nature of the dispute, the resolving authority, or the complexity of the case. However, for land disputes at the Court, the litigation period from the filing of the lawsuit until completion of the first-instance resolution is from 04 to 06 months as prescribed by the Civil Procedure Code 2015.
At BKC Law, we commit to providing the highest quality and most effective services for resolving disputes over land use rights transfer contracts. Our service fees are structured to reflect the complexity and specific requirements of each case. We will provide detailed information on estimated fees and any additional costs from the initial stage to ensure transparency and mutual agreement. Our team of attorneys is ready to advise and support you throughout the entire dispute resolution process, from dossier analysis, legal strategy development, to representation and protection of your rights before competent authorities and courts. Please contact us for detailed consultation and a tailored service quotation.
For free legal consultation at BKC Law, you may contact our attorneys via the following information:
Phone: 0901 3333 41
Email: info@bkclaw.vn
Office in District 1: 9th Floor, Diamond Plaza Building, 34 Le Duan Street, District 1, Ho Chi Minh City
Office in Binh Tan: 41 Ten Lua Street, Binh Tan District, Ho Chi Minh City
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41 Rockets, Binh Tri Dong B, Binh Tan District, Ho Chi Minh City.
info@bkclaw.vn
0901 3333 41
9th Floor, Diamond Plaza Building, 34 Le Duan, Ben Nghe Street, District 1, Ho Chi Minh City.
info@bkclaw.vn
0901 3333 41