Disputed property in Vietnam (property that is the subject of a dispute) is an asset in which two or more persons certify their rights and negate the other’s rights to that property. The property dispute is often about property rights, dispute about sharing of inheritances, dispute over the right of use for the assets attached to land, or dispute over the division of common property of husband and wife. This post will highlight things to keep in mind when property disputes occur.
Defining in your own right on the matter
Defining in your own right shall help easily explain the problem when a property dispute occurs. Both parties will need to confirm again the lawyer’s opinion about the stipulation of law:
(i) whether you are a legal owner of the property; and/or
(ii) whether you have enough factors to register. If the above conditions are not present, the client can lose a lot of time and money to sue or to be sued, but they cannot own the legal property in reality. Court fees and attorney fees are not cheap so both parties should be considered when a property dispute occurs.
Determining the right of competent court of the agencies conducting legal proceedings
We would like to determine the competent court of agencies conducting legal proceedings to resolve property disputes. First, we need to consider the property as real estate or movables. In accordance with Article 107 of Civil Code 2015 as below:
1. The real estate includes:
a) Land;
b) House or construction attached to the land;
c) The property attached with the land, house, or construction; and
d) Other property as prescribed by law.
2. Real estate is property which is not an immovable property.
After determining the property, we shall base on the stipulation of Civil Code 2015 to determine which court is competent.
The authorisation of resolving is determined as follows:
a) The Court where the defendant lives or works. If the defendant is an individual or where the defendant is headquartered if the defendant is an agency, the competent organisation is resolved on the instance procedure.
b) The litigant has the right to negotiate with each other in writing to request the court of residence or work of the plaintiff, if the plaintiff is an agency or organisation when property disputes
When the subject of a dispute is real estate, the competent court is the one where the real estate is located.
Preparing the proofs when going to the court
If we cannot agree together and are forced to go to the court, we need to consolidate the proofs we had.
For example, take the scenario of a property dispute reclaiming the rent of a house when rental period is valid and where you are the defendant and the lessee. First, you need to prove you did not violate the concluded contract – as taken in the minutes recording delivery of money or the bank statement – and that you paid back enough of the debt.
After consolidating the proofs, you can be more confident to draft a script to protect yourself.
Preparing the defence
Preparing the defence is very important as a concise and clear speech shall help you prevail at the court. In contrast, if the evidence is not perfect, but the defence is concise, clear and persuasive, this shall help you fill in the details of the evidence.
When disputes reclaim the house for rent, the rental period is still valid. In this case, you are the defendant requiring you to prepare the defence in a concise manner and follow the steps that can be referenced below.
You need to confirm big points in advance:
For example, (i) no agreement can be made with decision to reclaim the house before the contract of plaintiff. (ii) suggestions for the lessor must continue to perform the contract and compensation for the article as follows.
From the above points, you must present clear and scientific arguments.
For example, for (ii), you need to point out the actual damages. In this case, you are business café and you have an invoice averaging over 03 months, resulting in your revenue being used to calculate the damage in those 3 months.
The respect of the agencies conducting legal proceedings
Although you may possess substantial proof and persuasive arguments, the emotions and personal opinions of a human is something that cannot exit out. Thus, we need to listen to the opinion of the trial panel and the proceeding participants.
Even though we are very angry with the remaining party, you also must use respectful words to them in the court to be more persuasive.
Property disputes give rise to a lot of issues in practice. Thus, you should consult the advice of a lawyer to be protected in the best way.
Maybe you’re interested in: Division of Property after divorce in Vietnam and Everything You need to know
Division Of Property After Divorce in Vietnam And Everything You Need To Know
Conclude
If you have difficulty in the procedure related to property disputes, please contact us: P & Associates is a professional law firm which is established in Vietnam with nearly 100 members working in three offices in Ho Chi Minh city, Hanoi and Danang.
P & Associates is also recognised as one of the largest and most highly regarded corporate law firms in Vietnam which has leading expertise in the area of property litigation. We are confident to provide effective counselling and litigation lawyer services in Vietnam to our clients.
