Thu thập bằng chứng tranh chấp đất: loại nào Toà chấp nhận? (Luật sư Lê Bình Phương phân tích)Collecting Evidence in Land Disputes: Which Types Does the Court Accept? (Analysis by Lawyer Lê Bình Phương)

Reference translation for convenience. The Vietnamese version is the authoritative text.

Overview

In land disputes, evidence is the decisive factor — but not all evidence carries equal weight before the court. Many people hold important documents but do not know how to present them so the court will recognise them, or conversely collect evidence in a way that breaches the law and is rejected by the court.

Relevant Legal Provisions

The concept of evidence:

Article 93 of the Civil Procedure Code 2015 (92/2015/QH13) provides: evidence in a civil matter is what is true, submitted or presented by the litigants and other agencies, organisations, and individuals, or collected by the court in accordance with the prescribed order and procedure, and used by the court as a basis for determining the objective facts.

Valid sources of evidence:

Article 94 lists 10 sources: readable documents (clause 1(a)); audible materials, visual materials, and electronic data (clause 1(b),(c)); physical evidence (clause 1(d)); statements of the litigants (clause 1(đ)); witness testimony (clause 1(e)); expert examination conclusions (clause 1(g)); records of on-site appraisal results (clause 1(h)); customary practices (clause 1(i)); property valuation results (clause 1(k)); and written assessments of competent agencies and organisations (clause 1(l)).

Special requirement for audio-visual materials:

Article 95, clause 2 provides: audible and visual materials (photographs, video, audio recordings) must be presented together with a document stating the origin of that material — without this document, the material does not satisfy the formal conditions for evidence.

Analysis and Application

Group 1 — Legal documents on land use rights. The certificate of land use right is the strongest evidence. In addition: notarised transfer contracts, land handover records, payment invoices, deposit contracts. Even documents without notarisation (handwritten sale-and-purchase papers) are accepted by the court under Article 94 — but they carry less weight, and the court assesses them together with all other evidence.

Group 2 — Documents proving the course of use. Land tax receipts over the years; construction invoices for works on the land; household registration books recording the address at the disputed land; construction permits; electricity and water contracts. These documents prove continuous possession and use — and carry significant weight when the land has no land-use-right certificate (sổ đỏ).

Group 3 — Photographs and video of the current state. Photographing the site (boundaries, structures, the current state of use) is necessary but must be accompanied by a document confirming: the date taken, the specific location, and the photographer. Video recording the on-site condition is subject to the same requirement of Article 95, clause 2.

Group 4 — Witness testimony. Long-time neighbours who know the history of the land well, or those who witnessed the sale or use of the land. Witness testimony has value but is usually used by the court as supporting evidence and does not stand alone.

Group 5 — Survey and valuation results. On-site survey records carried out by a competent authority; land valuation results at the time of resolution. This is a type of evidence with high value and is often the final basis for the court to determine boundaries or the value of the property.

Lawyer Lê Bình Phương notes that many litigants make the mistake of collecting evidence themselves by entering the disputed land to take photographs or measurements — this conduct can create a new dispute and weaken their position in the main case. Always collect evidence within the scope of your lawful rights.

Real-World Situation

Ms V. is in dispute with her neighbour over the right to use a 50 m² portion of land adjoining the two houses. Ms V. has only land tax receipts from 2005 to 2015 (in her name for this 50 m² portion) but no separate land-use-right certificate.

Ms V. prepares her evidence: land tax receipts (readable documents — Article 94, clause 1(a)); photographs of the house and fence built since 2005, together with a document recording the date and location (visual materials — Article 94, clause 1(b) + Article 95, clause 2); testimony of three long-time neighbours (witness testimony — Article 94, clause 1(e)); and a request for the court to order an on-site survey (survey results — Article 94, clause 1(h),(k)).

Combining multiple sources of evidence rather than relying on a single type is the right approach in a dispute where there is no land-use-right certificate.

Frequently Asked Questions

Will the court accept handwritten land sale-and-purchase papers as evidence?
→ Yes, but the weight depends on the content and the accompanying evidence.

According to lawyer Lê Bình Phương, readable documents — including handwritten papers — are a valid source of evidence under Article 94, clause 1(a). However, the court does not automatically give handwritten papers full credence — they need to be combined with other evidence (a witness’s signature, payment receipts, the actual course of land use) to form a convincing evidentiary picture.

Does a photograph of the current state of the land have value as evidence?
→ Yes, but it must be accompanied by a document stating its origin under Article 95, clause 2 of the Civil Procedure Code.

According to lawyer Lê Bình Phương, a photograph without a note of its origin is usually treated by the court as not meeting the formal requirements. You should prepare a simple explanatory note: the date taken, the specific location (address, plot number), the purpose, and the photographer — attached together with the photograph when submitting it to the court.

Important Notes

Evidence proving rights must be distinguished from evidence proving damage. In a land dispute, the litigant must prepare two groups: evidence of ownership/use rights (who has the right) and evidence of actual damage (if compensation is claimed). Without the second group, a compensation claim is difficult to accept even if you win on the question of rights.

Submitting evidence to the court must be done on time and according to the procedure under the Civil Procedure Code. Evidence submitted late may not be considered by the court or may disadvantage the litigant once the hearing has been scheduled.

Related Articles

• Land disputes: common types and how to handle them lawfully
• Land disputes: common types and how to handle them
• Boundary disputes between land plots: how to prove and resolve them
• Void land transfer contracts: legal consequences and how to handle them
• How much does it cost to hire a lawyer for a land dispute?

Conclusion

Valid evidence in a land dispute must not only be true — it must be collected in the right way and presented through the right procedure. Articles 93–95 of the Civil Procedure Code 2015 clearly define the sources and formal requirements. Investing in methodical evidence preparation before filing always creates a significant advantage over an opponent who is unprepared.

See also: Who is Lawyer Lê Bình Phương?