For land disputes in Vietnam, before asking the People’s Committee of the province or district to settle or initiate a lawsuit at the Court, we must go through the conciliation procedure of land dispute. However, there are some cases, the petitioner do not know the law so their petition for dispute settlement is rejected by the People’s Committee of the province or district or refused to settle the dispute by the Court because they didn’t go through the conciliation procedure. In this article, Lac Duy & Associates will provide readers with the specific the conciliation procedure of land dispute in accordance with current laws.
1. Self- reconciliation or through grassroots conciliation
The Government encourages the parties to conciliate through 02 forms:[1]
- Form 1: Self- reconciliation;
- Form 2: Settlement of land disputes through grassroots conciliation.
The grassroots conciliator will guide and help the parties reach an agreement and voluntarily resolve conflicts and disputes with each other.
This is a solution that is encouraged by the Government, so the settlement results are not obligatory by the parties but depend on the goodwill of the parties.
2. Conciliation at the commune-level People’s Committee
This is a mandatory procedure in settling land disputes. When the disputing parties cannot conciliate, they shall send an application to the People’s Committee of the commune where the disputed land is located for conciliation (Article 202.2 the Land Law 2013). Thus, the commune-level People’s Committee only conduct land dispute conciliation when there is a Petition.
According to the provisions of Article 88.1 (b) Decree 43/2014/ND-CP, the composition of the Conciliation Council includes:
- The chairperson or a deputy chairperson of the People’s Committee is the Chairman of this Council;
- A representative of the Fatherland Front Committee of the commune, ward or township;
- The head of the street quarter for urban areas, the head of the village for rural areas;
- A representative of households that have lived for a long time in the commune, ward or township and know well about the origin and use process of the disputed land parcel;
- The cadastral and justice officers of the commune, ward or township.
In addition, depending on the specific case, it is possible to invite more representatives of the Farmers’ Association, Women’s Union, Veterans’ Association and Ho Chi Minh Communist Youth Union. Accordingly, conciliation can only be conducted when the disputing parties are present. In case one of the disputing parties is absent for the second time, the conciliation is considered unsuccessful.
Conciliation results
Conciliation of land disputes at the People’s Committees of communes will occur in 1 of 2 cases:
- Case 1: Successful conciliation (end of dispute)
If there is a change in the boundary and land users, the commune-level People’s Committee shall send the Conciliation Minutes to the district-level Division of Natural Resources and Environment. After that, the district-level Division of Natural Resources and Environment submits the case to the district-level People’s Committee a decision to recognize the change in boundaries or renewing the certificate of land use rights, houses and other land-related assets ownership.
- Case 2: Conciliation failed
Pursuant to Articles 203.1 and 203.2 of the Land Law 2013, if you want to settle the dispute, you can follow 02 directions:
- A land dispute which the concerned parties possess a Certificate or one of the papers specified in Article 100 of the Land Law 2013 and the dispute over property on land shall be settled by the People’s Court.
- For a land dispute in which the concerned party does not possess a Certificate or one of the papers specified in Article 100 of the Land Law 2013, the involved party may only choose one of the following two forms of settlement:
Method 1. Filing a written request for dispute settlement at the district-level People’s Committee or the provincial-level People’s Committee (depending on the subject of the dispute).
Method 2. Filing a lawsuit with a competent People’s Court where the disputed land is located (according to the provisions of laws). Above is the necessary information about the order and procedures for mediation of land disputes. In case, need detailed information or other information in related fields, readers can contact Lac Duy & Associates for timely advice and support.
[1] Article 202.1 the Land Law 2013