Ownership disputes between parties are among the most common types of civil disputes, typically arising when the parties cannot reach agreement on the lawful owner of a particular asset. In practice, such disputes are closely related to legal documentation, the process of establishing ownership rights, and economic interests, and therefore require resolution based on strict legal provisions and in-depth legal advice from lawyers.

I. Current situation regarding ownership disputes between parties

In practice, ownership disputes between parties are increasingly common and tend to grow both in number and complexity. These disputes often arise from transactions involving the purchase, transfer, inheritance, or donation of assets, or from civil and commercial cooperation relationships that are not properly documented with clear and complete legal records.

Notably, in many cases, ownership rights have not been registered in accordance with legal requirements; documents evidencing ownership are lost, inconsistent, or contradictory; or transactions are established in forms that do not comply with statutory requirements. This makes the determination of the lawful owner difficult, prolongs dispute resolution, and poses significant legal risks to the parties involved.

In addition, limited legal awareness, subjective attitudes in transactions, and the lack of legal consultation from the outset further contribute to the increasing complexity of ownership disputes, directly affecting lawful rights and interests and undermining legal order and security in society.

II. Concept of ownership disputes between parties

An ownership dispute between parties arises when two or more entities simultaneously assert or deny lawful ownership over the same asset, giving rise to conflicts concerning the rights to possess, use, and dispose of such assets under the law.

1. What is an ownership dispute between parties?

Pursuant to Article 158 of the Civil Code 2015, ownership rights comprise the right to possess, the right to use, and the right to dispose of assets in accordance with law.

On that basis, an ownership dispute between parties arises when two or more entities claim the right to possess, use, or dispose of the same asset, or when one party denies the lawful ownership rights of another, thereby creating a conflict that must be resolved by a competent authority.

2. What types of assets commonly give rise to ownership disputes?

In practice, ownership disputes frequently arise in relation to the following types of assets:

  • Immovable property: land use rights, houses, and constructions attached to land—these are the most commonly disputed assets due to their high value and complex legal documentation.
  • Movable property subject to ownership registration: automobiles, motorcycles, vessels, etc., where transfer, donation, or inheritance procedures have not been properly completed.
  • Assets formed from civil transactions: assets arising from purchase, capital contribution, loans, or deposits where contracts are unclear or disputed in terms of validity.
  • Inherited assets and jointly owned property: undivided estates; joint property of spouses, households, or co-owners.
  • Intangible assets: property rights, shares, capital contributions, and intellectual property rights where ownership has not been clearly established.

These assets often give rise to disputes due to insufficient ownership documentation, non-compliant transaction forms, or conflicts of interest among the parties involved.

3. Why do ownership disputes between parties frequently arise in practice?

Ownership disputes commonly arise due to the following reasons:

  • Incomplete or unclear legal documentation of assets, especially high-value assets such as real estate and inherited property.
  • Civil transactions that do not comply with legal requirements, including poorly drafted contracts or failure to notarize or authenticate contracts where required by law.
  • Limited legal awareness, leading to misunderstandings regarding rights to possess, use, and dispose of assets.
  • Conflicts of interest among co-owners, particularly in marital, family, capital contribution, or inheritance relationships.
  • Transfer of assets to third parties while disputes are ongoing, resulting in more complex conflicts of rights.

In general, ownership disputes stem from non-transparent or unlawful establishment, management, or transfer of ownership rights.

III. Legal provision governing ownership disputes between parties

To protect lawful rights and interests of owners, Vietnamese law provides relatively comprehensive regulations on ownership rights, grounds for establishing ownership, and principles and procedures for resolving disputes.

1. How does current law regulate ownership rights?

Pursuant to Article 158 of the Civil Code 2015, ownership rights consist of three fundamental rights: the right to possess, the right to use, and the right to dispose of assets.

Under Article 160 of the Civil Code 2015, ownership rights and other rights to assets may only be established and exercised in cases prescribed by law. Owners are entitled to decide on their assets, provided that such decisions do not violate the law, public interests, or the lawful rights and interests of others.

Ownership rights are strictly protected by law. Article 163 of the Civil Code 2015 provides that no one may unlawfully restrict or deprive ownership rights; requisition or compulsory purchase of assets may only be carried out in cases of necessity and must be compensated at market value.

Where ownership rights are infringed, Article 164 of the Civil Code 2015 allows owners to self-protect their lawful interests or request courts or competent authorities to order the termination of violations, return of assets, and compensation for damages.

2. Legal grounds for determining ownership in disputed cases

When disputes arise, ownership is determined based on legal grounds prescribed by the Civil Code and relevant specialized laws, including:

  • Grounds for establishing ownership: lawful creation of assets; transfer of ownership through contracts (purchase, donation, inheritance, etc.); possession as prescribed by law; or judgments or decisions with legal effect issued by competent state authorities.
  • Evidence of ownership: certificates of land use rights and house ownership, notarized contracts, payment documents, lawful wills, and other legal documents.
  • Protection of ownership rights: lawful owners are protected and may request courts or competent authorities to order the infringing party to return assets, cease violations, and compensate for damages.

Accordingly, determining ownership in disputes depends not merely on who is managing or using the asset, but primarily on lawful and valid legal grounds proving the origin, establishment, and exercise of ownership rights.

3. Procedures for resolving ownership disputes

Pursuant to the Civil Code 2015, the Civil Procedure Code 2015, and relevant laws, ownership disputes are generally resolved through the following steps:

  • Step 1: Mediation
    + The law encourages negotiation and mediation between parties prior to litigation. Courts are responsible for conducting mediation during civil proceedings before adjudication.
  • Step 2: Initiation of legal proceedings
    + If mediation fails, the aggrieved party may file a civil lawsuit with the competent People’s Court, accompanied by evidence and documents proving ownership rights.
  • Step 3: Court acceptance and adjudicatio
    +     The court accepts the case, conducts procedural mediation if applicable, and adjudicates the dispute in accordance with general procedures.
  • Step 4: Issuance and enforcement of judgments or decision
    +     Court judgments or decisions serve as the legal basis for determining ownership. If the obligated party fails to comply voluntarily, enforcement may be requested under civil enforcement law.

4. Statute of limitations for initiating ownership disputes

Pursuant to Clause 2, Article 155 of the Civil Code 2015, ownership disputes are not subject to any statute of limitations, unless otherwise provided by law. Accordingly, owners or persons with lawful interests may initiate lawsuits at any time to protect ownership rights.

IV. Questions regarding ownership disputes

1. Is mediation mandatory before initiating a lawsuit?

Mediation is encouraged but not mandatory, unless required by specialized legislation.

2. May disputed assets be transferred to third parties?

Assets under ownership dispute may not be lawfully transferred until the dispute is resolved by a legally effective judgment or decision.

3. Can a lawsuit be filed without complete ownership documents?

A lawsuit can be filed without complete ownership documents, but the claimant must provide sufficient persuasive evidence to substantiate the ownership claim.

4. May ownership disputes be resolved simultaneously by multiple authorities?

A dispute may not be resolved concurrently by multiple competent authorities on the same matter.

5. Are bona fide third parties protected by law?

Under Article 133 of the Civil Code 2015, bona fide third parties may be protected in certain cases, even where the original transaction is invalid.

V. Why seek legal advice from nplaw for ownership disputes

With a team of experienced lawyers specializing in civil and property law, NPLaw provides comprehensive case assessment, legal grounding analysis, and strategic advice on negotiation, mediation, or litigation. NPLaw also represents clients before competent authorities, ensuring compliance with legal procedures while saving time and costs.

The above information is for reference purposes only. For case-specific legal advice, please contact NPLaw for professional consultation.