Land without a Red Book can still be sued

Disputes in land legal relations include two types: Land disputes and land-related disputes.

• For land disputes (disputes over who has land use rights), mediation must be done at the People's Committee of the commune, ward or town where the disputed land is located (collectively referred to as the Commune People's Committee).
• For other disputes related to land use rights such as: Disputes about transactions related to land use rights, disputes about inheritance of land use rights, division of common property of husband and wife which is land use rights ,... then mediation is not required at the commune-level People's Committee.

After the land dispute has been conciliated at the People's Committee of the commune where the land is located, if it is not successful, it will be resolved depending on each specific case as follows:

Case 1: Have a Certificate or one of the documents on land use rights

According to Clause 1, Article 203 of the 2013 Land Law, land disputes in which the litigant has a Certificate or one of the documents specified in Article 100 of the 2013 Land Law and disputes over assets attached to land shall be resolved by the People's Court.

Case 2: No Certificate or one of the documents on land use rights

Pursuant to Clause 2, Article 203 of the 2013 Land Law, in a land dispute where the litigant does not have a Certificate or does not have one of the documents specified in Article 100 of the 2013 Land Law, the litigant can only choose One of the following two forms of dispute resolution:

Form 1: Submit a request for dispute resolution at the competent People's Committee, specifically:

– In case of disputes between households, individuals, or communities, the Chairman of the district People's Committee shall resolve; If you do not agree with the resolution decision, you have the right to:

+ Complain to the Chairman of the Provincial People's Committee or

+ Initiate a lawsuit at the People's Court according to the provisions of law on administrative procedures (the object of the lawsuit is the dispute resolution decision).

– In case of a dispute in which one party is an organization, religious establishment, Vietnamese residing abroad, or a foreign-invested enterprise, the Chairman of the Provincial People's Committee shall resolve; If you do not agree with the resolution decision, you have the right to:

+ Complain to the Minister of Natural Resources and Environment or

+ Initiate a lawsuit at the People's Court according to the provisions of law on administrative procedures (the object of the lawsuit is the dispute resolution decision).

Form 2: Initiate a lawsuit at a competent People's Court according to the provisions of civil procedure law.

Conclusion: Above are the regulations that answer questions about whether land without a Red Book can be sued for land disputes? According to regulations, when a land dispute occurs without a Red Book, you still have the right to sue if you meet all the conditions for filing a lawsuit according to regulations.