Resolving house purchase disputes in Binh Tan District

In recent years, Binh Tan District has attracted a large number of residents from central areas looking to purchase homes, leading to numerous disputes over housing sale contracts. These disputes often involve issues such as contract value, payment terms, and legal complications related to land use rights certificates and ownership. A lack of legal knowledge makes it difficult for many buyers to resolve these disputes. Therefore, understanding the law and exercising caution in transactions is essential to minimize risks and protect one’s rights when buying or selling property in Binh Tan District.

Procedures for filing a lawsuit over a housing sale contract dispute in Binh Tan District

Step 1: Prepare the lawsuit documents

According to clause 5, article 189 of the 2015 civil procedure code, the plaintiff must prepare the following documents:

• lawsuit petition

• national ID card, citizen identification card, or passport

• documents and evidence proving the violation of their legal rights (such as the contract or land use rights certificate)

Note: if the plaintiff cannot submit all necessary documents due to objective reasons, they must provide available evidence and supplement it as required by the court during the case proceedings.

Step 2: Submit the lawsuit petition

Once the lawsuit documents are prepared, the plaintiff can submit them to the competent court using one of the following methods (as per clause 1, article 190 of the 2015 civil procedure code):

• direct submission at the court

• submission via postal services

• online submission via the court’s electronic portal (if available)

If submitting online, the plaintiff must complete the petition, sign it electronically, and send it through the court’s electronic portal (clause 1, article 16 of resolution 04/2016/NQ-HDTP).

Step 3: Court acceptance and case processing

• petition acceptance:
  within three working days of receiving the lawsuit petition, the court’s chief justice assigns a judge to review it.
  within five working days, the judge must:

  • request modifications or additions to the petition

  • proceed with case processing under normal or simplified procedures

  • transfer the petition to the competent court if it is outside their jurisdiction

  • reject the petition if the court lacks jurisdiction over the case

• case processing:
  once the lawsuit is accepted, the judge notifies the plaintiff to pay the advance court fees (if applicable) within seven days. the case is officially processed when the plaintiff submits the payment receipt to the court.

Step 4: Case preparation for trial

• trial preparation period:
  according to clause 1, article 203 of the 2015 civil procedure code:

  • the trial preparation period is four months from the acceptance date.

  • in complex cases, this period may be extended by two additional months.

  • if the case is temporarily suspended, the preparation period resumes when proceedings continue.

• evidence submission, review, and mediation:
  the judge organizes a hearing for evidence submission and mediation between the parties. parties involved are notified in advance of the time and location of these proceedings (clause 1, article 208 of the 2015 civil procedure code).

• proceeding to trial:
  the court must hold a trial within one month after issuing the trial decision. in exceptional cases, this period may be extended to two months (clause 4, article 203 of the 2015 civil procedure code).

Step 5: First instance trial

After the first-instance ruling, involved parties can appeal within 15 days if they disagree with the verdict (clause 1, article 273 of the 2015 civil procedure code).

Housing sale contracts that do not require notarization or certification

According to clause 2, article 164 of the 2023 housing law, the following housing sale contracts are exempt from notarization unless otherwise requested by the parties:

• donation of social housing or housing for the underprivileged

• sale or lease of public-owned housing

• sale or lease of housing where one party is an organization, including social housing, housing for the armed forces, or resettlement housing

• capital contribution using housing assets involving at least one organizational party

• leasing, borrowing, temporary occupancy, or housing management authorization agreements

BKC law’s legal services for housing sale contract disputes in Binh Tan District

BKC law provides professional legal services to resolve housing sale contract disputes in Binh Tan District, ensuring clients’ legal rights and a transparent real estate transaction process. our experienced lawyers offer expert consultation, legal representation, and dispute resolution through negotiation, mediation, or litigation.

We specialize in:

• reviewing the legality of housing sale contracts

• ensuring complete legal documentation

• handling ownership and payment-related disputes

With extensive knowledge of real estate laws and dispute resolution in Binh Tan District, BKC law delivers effective and timely solutions, giving clients peace of mind in their property transactions.

For free legal consultation, contact us at:

Phone: 0901 3333 41
Email: info@bkclaw.vn

District 1 Office: 9th Floor, Diamond Plaza, 34 Lê Duẩn, District 1, Ho Chi Minh City
Binh Tan Office: 41 Tên Lửa, Binh Tan, Ho Chi Minh City

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