1. Overview of land disputes

Land disputes are one of the most common types of civil disputes in Vietnam, directly related to the rights and interests of individuals and organizations, as well as aff ecting social stability. Of these, the two common types of disputes are land use rights disputes and land resolution, these two types of disputes have significant differences.

2. Land use rights disputes

1. Concept

Land use disputes are disputes between parties to determine who has the legal right to use the land. This type of dispute often occurs when there is an overlap in boundaries, conflicting legal documents, or when people multip people claim the right to use a piece of land.

2. Characteristics

Subject of dispute: Determining who has the legal right to use a certain piece ò land.

Causes: Usually due to lack of valid documents, changes in land management, or errors in the process of granting land use right certificates.

• Legal basis and analysis

Article 203 of the 2013 Land Law stripulates the authority to resolve land disputes. Specifically, disputes over land use right must first be mediated at the People’s Committee at the commune level. If the mediation fails, the parties may choose to resolve the dispute at the People’s Court or the People’s Committee at competent level (in case there is no land  use right cerificate or one the types of documest prescribed by law.)

Article 100 of the 2013 Land Law stipulates the recognition of land use rights for households and individuals who are using land using land stavly witgout documents. This provision helps determine land use rights in case of disputes arising related to land used for a long time but without a certificate.

Article 101 of the 2013 Land Law allows households and individuals who use land without documents but have used it stably and have not violated the law to be granted a land use right certificate but having had a long period of use.

Decree 43/2014/ND-CP guiding the implementation of the Land Law, which includes specific provisions on the oder and procedures for granting land use right certificates. Verification of land origin and land use duration according to thí Decree will be an important factor in the dispute resolution process.

Jurisdiction: Firt, this dispute must be mediated at the People's Committee of the commune, ward or town. If the mediation fails, the parties may file a lawsuit in the People's Court or request the People's Committee of the competent level to resolve it.

3. Land Reclamation Dispute

a) Concept

Land reclamation disputes are disputes that arise when a subject has legal land use rights but is illegally occupied by another person and requests the return of land use rights.

b) Characteristics

Subject of dispute: Request to return land to the entity with legal right to use.

Cause of occurrence: Occurs when one party occupies land without legal basis, such as encroaching on public land, occupying land without valid documents, disputes between buyers and sellers when the contract has not completed the name transfer procedure.

• Legal basis and analysis

Article 166 of the 2013 Land Law stipulates that legal land users have the right to be protected when their land use rights are violated by others. This is an important legal basis for legal owners to request illegal occupiers to return the land.

Article 170 of the 2013 Land Law stipulates the obligations of land users, including the requirement to use land for the right purpose and not infringe upon the rights of others. If an individual or organization illegally occupies land, they will violate this obligation and may be forced to return the land.

Article 188 of the 2013 Land Law clearly states the conditions for exercising the right to legally transfer land. Disputes over land reclamation may arise when one party transfers but has not completed the procedures, leading to a situation where the buyer or seller cannot fully exercise their rights.

Article 164 of the 2015 Civil Code stipulates the right to reclaim property, including the right to reclaim land from illegal occupants. This provision ensures that the party with legal rights to use can request competent authorities to intervene to reclaim their property.

Article 221 of the 2015 Civil Code regulates the establishment of ownership rights, including the right to legal possession of property (land). If an individual proves his/her ownership through valid documents, he/she can request the return of the land through legal mechanisms.

Jurisdiction: Normally resolved by the People's Court with jurisdiction according to the provisions of the 2015 Civil Procedure Code.

4. Comparison of land use rights disputes and land reclaim disputes

5. Conclusion

Land disputes are complex issues, in which land use rights disputes and land reclamation disputes have important differences. Understanding the nature of each type of dispute and related legal regulations helps competent authorities and people resolve them more effectively, contributing to stabilizing social order and ensuring the legitimate rights of related parties.

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