Land Disputes Should You Litigate or Negotiate

Legal Basis
The Land Law 2024 regulates types of land disputes and the competent authorities for resolution.
The Law on Grassroots Mediation 2013 and related regulations encourage parties to prioritize mediation and negotiation before bringing the case to court.
The Civil Procedure Code 2015 stipulates the jurisdiction of courts in resolving land use right disputes.
Legal Opinion from LPA
Negotiation/mediation helps save time and costs while maintaining relationships between parties. However, the outcome is only effective if the parties voluntarily comply, as it has no enforceability.
Filing a lawsuit in court results in a judgment with legal effect and enforceability, but often takes considerable time and litigation costs.
The choice between negotiation and litigation depends on the level of conflict of interest, the willingness of the parties to cooperate, and the value of the disputed rights.
Common Scenarios
Boundary and land area disputes: often negotiated or mediated at the commune People’s Committee.
Disputes over land use rights due to transfer, donation, or inheritance: difficult to reach agreement, often requiring court intervention.
Disputes involving projects or multiple households: complex, affecting community interests, where litigation is necessary for a clear and binding judgment.
Steps to Take
Collect and review legal documents: Land Use Right Certificate, contracts, minutes, and related evidence.
Conduct negotiation or grassroots mediation in accordance with the law.
If unsuccessful, file a lawsuit with the competent court along with supporting documents and evidence.
Participate in court proceedings, prepare legal arguments and evidence for protection.
Exercise the right to appeal (if necessary) and monitor judgment enforcement.
Professional Recommendation
Negotiation and mediation should be prioritized in the early stages to save costs and time. However, when disputes are complex, prolonged, or the other party is uncooperative, filing a lawsuit in court is essential to obtain a binding judgment and ensure enforcement. Land lawyers play a crucial role in guiding clients on the appropriate approach, preparing legal documents, and representing their interests throughout the process.