Vietnam: What are the regulations on settling a land dispute in case the conciliation at a commune-level People’s Committee fails?
- In what cases will Commune People's Committees organize the conciliation of land disputes in Vietnam?
- Is it required to take records during the conciliation of land disputes organized by commune people's committees in Vietnam?
- What are the regulations on settling a land dispute in Vietnam in case the conciliation at a commune-level People’s Committee fails?
In what cases will Commune People's Committees organize the conciliation of land disputes in Vietnam?
Pursuant to Clause 2, Article 202 of the 2013 Land Law and Clause 3, Article 202 of the 2013 Land Law as follows:
Conciliation of land disputes
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2. In case the self-reconciliation fails, the parties may send a petition to the commune-level People’s Committee of the locality where the disputed land is located, for reconciliation.
3. Commune-level People’s Committee chairpersons shall organize conciliation of land disputes in their localities. In the process of conciliation, they shall coordinate with the commune-level Vietnam Fatherland Front Committee and its member organizations and other social organizations. The conciliation procedures carried out at the commune-level People’s Committees shall be completed within 45 days from the date the commune-level People’s Committees receive a petition for settlement of land dispute.
Accordingly, commune-level people's Committees organize the conciliation of land disputes in case the self-reconciliation fails.
Procedures for conciliation of land disputes at commune-level people's Committees shall be carried out within 45 days from the date of receiving a petition for settlement of the land dispute.
Is it required to take records during the conciliation of land disputes organized by commune people's committees in Vietnam?
Clause 4, Article 202 of the 2013 Land Law provides as follows:
Conciliation of land disputes
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4. The conciliation process must be recorded in a written record with signatures of all parties and certified by the commune-level People’s Committee on the result, either a successful or unsuccessful conciliation. The conciliation minutes shall then be sent to the involved parties and archived at the commune-level People’s Committee concerned.
Accordingly, the conciliation process must be recorded in a written record with the signatures of all parties and certified by the commune-level People’s Committee on the result, either a successful or unsuccessful conciliation. The conciliation minutes shall then be sent to the involved parties and archived at the commune-level People’s Committee concerned.
What are the regulations on settling a land dispute in Vietnam in case the conciliation at a commune-level People’s Committee fails?
Pursuant to Article 203 of the 2013 Land Law as follows:
Authority to settle land disputes
If the conciliation at a commune-level People’s Committee fails, a land dispute shall be settled as follows:
1. The land dispute in which the concerned party possesses a certificate or any of the papers prescribed in Article 100 of this Law and the dispute over land-attached assets shall be settled by the People’s Court;
2. For the land dispute in which the concerned party does not possess a certificate or any of the papers prescribed in Article 100 of this Law, the parties may choose between the following two options of settlement:
a/ Filing a written request for dispute settlement with a competent People’s Committee as prescribed in Clause 3 of this Article;
b/ Filing a lawsuit with a competent People’s Court in accordance with the law on civil procedures;
3. In case the concerned parties choose the option of settlement at a competent People’s Committee, the settlement is as follows:
a/ In case the dispute occurs among households, individuals and communities, the chairperson of the district-level People Committee is responsible for the settlement. If the concerned parties disagree with the settlement decision, they are entitled to lodge a complaint with the chairperson of the provincial-level People’s Committee or to file a lawsuit at a People’s Court in accordance with the law on administrative procedures;
b/ In case the dispute involves one party being an organization, a religious institution, an overseas Vietnamese or a foreign-invested enterprise, the chairperson of the provincial-level People’s Committee is responsible for the settlement. If the concerned parties disagree with the settlement decision, they are entitled to lodge a complaint with the Minister of Natural Resources and Environment or to file a lawsuit with a People’s Court in accordance with the law on administrative procedures;
4. The person having competence to settle the land dispute as prescribed in Clause 3 of this Article shall issue a settlement decision. The legally effective decision on dispute settlement must be strictly abided by the concerned parties. If the parties fail to comply, the decision shall be enforced.
Accordingly, in case the conciliation at a commune-level People’s Committee fails, a land dispute shall be settled as follows:
- The land dispute in which the concerned party possesses a certificate or any of the papers prescribed in Article 100 of Land Law 2013 and the dispute over land-attached assets shall be settled by the People’s Court.
- For the land dispute in which the concerned party does not possess a certificate or any of the above-prescribed papers, the parties may choose between the following two options of settlement:
- Filing a written request for dispute settlement with a competent People’s Committee:
++ In case a dispute occurs among households, individuals, and communities, the chairperson of the district-level People Committee is responsible for the settlement. If the concerned parties disagree with the settlement decision, they are entitled to lodge a complaint with the chairperson of the provincial-level People’s Committee or to file a lawsuit at a People’s Court in accordance with the law on administrative procedures.
++ In case the dispute involves one party is an organization, a religious institution, an overseas Vietnamese, or a foreign-invested enterprise, the chairperson of the provincial-level People’s Committee is responsible for the settlement. If the concerned parties disagree with the settlement decision, they are entitled to lodge a complaint with the Minister of Natural Resources and Environment or to file a lawsuit with a People’s Court in accordance with the law on administrative procedures.
+ Filing a lawsuit with a competent People’s Court in accordance with the law on civil procedures.
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