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- 02 / 08 / 2024 -
ADDITION OF LAND DISPUTE RESOLUTION AUTHORITY TO COMMERCIAL ARBITRATION
For the first time, the 2024 Land Law recognizes the authority of commercial arbitration in resolving land disputes. This breakthrough provision facilitates and accelerates the resolution of disputes.

Clause 5 of Article 236 of the 2024 Land Law adds the authority of commercial arbitration in resolving disputes arising from commercial activities related to land. According to the new regulation, disputes arising from commercial activities related to land can be resolved by the Court under civil procedural law or by Vietnamese commercial arbitration under the law on commercial arbitration.

People’s Committees at all levels are responsible for providing records and documents related to land management and use when requested by the Court or Vietnamese commercial arbitration as a basis for resolving land disputes.

Additionally, Clause 6 of Article 236 of the 2024 Land Law stipulates the authority of the arbitration council to collect evidence from relevant authorities, creating a crucial point for the arbitration dispute resolution method.

Compared to the old regulation, the 2024 Land Law has supplemented the authority of commercial arbitration in resolving land disputes. However, to be resolved at an arbitration center, these disputes must meet the condition of arising from commercial activities, based on the provisions of Clause 5 of Article 236 of the 2024 Land Law.

The 2024 Land Law takes effect from August 1, 2024.

This bulletin is for informational purposes only regarding newly enacted legal regulations and is not intended for advising or applying to specific cases.

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