CONSULTANCY ON SETTLEMENT OF LAND LEASE CONTRACT DISPUTES 

Disputes over land lease contracts often occur between land owners and tenants for various reasons such as inconsistent rents, violation of contractual terms, or disputes related to land use rights. Resolving this dispute is necessary and important to ensure the interests of the parties involved

Legal provisions on Land Use Right Lease Contracts 

A land use right lease contract is an agreement in which the lessor transfers the land use right to the lessee for a certain period of time, requires the lessee to use the land for the right purpose, pays the rent, and returns the land at the end of the lease term, in accordance with the law on land.

Conditions of leased land: 

- Having a certificate, except for the cases specified in Clause 3, Article 186 and Clause 1, Article 168 of the 2013 Land Law. 

- The land is not disputed. 

- Land use rights are not distrained to ensure judgment enforcement.

- The land is within the use period.

Methods of resolving disputes over land lease contracts 

Before resolving the dispute, the parties need to determine the root cause of the problem to have an overview and come up with a reasonable solution. 

There are two common ways of resolving disputes: negotiation or initiating a lawsuit in court. 

Negotiation and conciliation:

 - The parties have the opportunity to make requests and listen to the views of partners, find solutions that are beneficial to both parties and comply with the law. 

- Cost-effective, but effectiveness depends on the consensus and goodwill of the parties

Initiating a lawsuit to the Court: 

- Resolve disputes fairly and transparently. 

- A lawsuit dossier includes: a lawsuit petition, a certificate of land use rights or equivalent, a record of conciliation, identity papers of the plaintiff, and a land lease contract. 

- The jurisdiction to settle lies with the People's Court of the district where the defendant resides, or the People's Court of the province if there are foreign elements.

Consulting on resolving land lease contract disputes in A Dong 

A Dong has many years of experience in consulting and resolving land disputes, including: 

- Consulting on dispute resolution plans. 

- Negotiate and sign dispute settlement agreements. 

- Representing clients to negotiate dispute resolution. 

- Drafting lawsuit dossiers when necessary. 

- Representing participants in proceedings and protecting clients' interests.

With a team of experienced and highly qualified lawyers, A Dong is committed to solving quickly, effectively, and achieving the best results.

Please contact us:

A DONG IP – TRANSLATION – CONSULTANCY COMPANY

Room F2&F3, No. 2 Phung Khac Khoan Street, Da Kao Ward, District 1, Ho Chi Minh City, Viet Nam

Tel: 84-28 3926 0120 – 39260125

Email: consultant@a-dong.com.vn; info@a-dong.com.vn

Website: a-dong.com.vn