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.
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.
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.
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 the 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.
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.
If you need more information or support, please contact ADVN LAW for detailed advice.
- Address: F2&F3, No. 2 Phung Khac Khoan, Da Kao Ward, District 1, Ho Chi Minh City
- Phone: 0903.693.301 – 0909.393.329
- Email: vanphongluatsuadvn@gmail.com; advnlaw@gmail.com
