People's Committee of the Commune Organizes Land Dispute Mediation When? What are the Procedures for Mediation?
When Does the Commune-level People's Committee Organize Land Dispute Mediation?
Based on Clause 2, Article 202 of the 2013 Land Law and Clause 3, Article 202 of the 2013 Land Law, the regulations are as follows:
Land Dispute Mediation
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2. If the disputing parties cannot mediate, they shall send an application to the commune-level People's Committee where the disputed land is located for mediation.
3. The Chairman of the commune-level People's Committee is responsible for organizing the land dispute mediation in their locality; during the organization process, they must cooperate with the commune-level Vietnam Fatherland Front Committee and its member organizations, and other social organizations. The land dispute mediation procedure at the commune-level People's Committee must be completed within 45 days from the date of receipt of the land dispute resolution request.
The commune-level People's Committee organizes land dispute mediation when the disputing parties cannot mediate.
The land dispute mediation procedure at the commune-level People's Committee must be completed within 45 days from the date of receipt of the land dispute resolution request.
When does the commune-level People's Committee organize land dispute mediation? How is the mediation procedure implemented?
Is Land Dispute Mediation Mandatory?
Based on Article 202 of the 2013 Land Law, the regulations are as follows:
Land Dispute Mediation
1. The state encourages the disputing parties to self-mediate or resolve land disputes through grassroots mediation.
2. If the disputing parties cannot mediate, they shall send an application to the commune-level People's Committee where the disputed land is located for mediation.
3. The Chairman of the commune-level People's Committee is responsible for organizing the land dispute mediation in their locality; during the organization process, they must cooperate with the commune-level Vietnam Fatherland Front Committee and its member organizations, and other social organizations. The land dispute mediation procedure at the commune-level People's Committee must be completed within 45 days from the date of receipt of the land dispute resolution request.
4. The mediation must be recorded in minutes signed by the parties and certified by the commune-level People's Committee as successful or unsuccessful. The mediation minutes are sent to the disputing parties and kept at the commune-level People's Committee where the disputed land is located.
5. In the case of successful mediation resulting in changes to the land boundaries or land users, the commune-level People's Committee sends the mediation minutes to the District Natural Resources and Environment Office for disputes between households, individuals, and community groups, or to the Department of Natural Resources and Environment for other cases.
The District Natural Resources and Environment Office and the Department of Natural Resources and Environment submit the proposal to the respective level People's Committee for recognition of the change in land boundary and issuance of the new Land Use Rights Certificate, House Ownership, and other Property Associated with the Land.
When land disputes occur, the state encourages self-mediation or grassroots mediation.
If parties cannot self-mediate, they must send an application to the commune-level People's Committee where the disputed land is located for mediation.
Therefore, land dispute mediation is mandatory when disputes occur.
What Are the Regulations for Land Dispute Mediation Procedures?
Based on Clause 1, Article 88 of Decree 43/2014/ND-CP (amended by Clause 27, Article 1 of Decree 148/2020/ND-CP), the land dispute mediation procedures are regulated as follows:
- Upon receiving the application for land dispute resolution, the commune-level People's Committee is responsible for the following tasks:
+ Investigating and verifying the cause of the dispute, collecting related documents provided by the parties about the land origin, land use process, and current land use status.
+ Establishing a Land Dispute Mediation Council. The Council includes the Chairman or Vice-Chairman of the commune-level People's Committee as the Council's Chairman; representatives from the commune-level Vietnam Fatherland Front Committee, neighborhood leaders for urban areas, village heads for rural areas; reputable individuals in the community; legal experts; elders, religious leaders, individuals knowledgeable about the case; representatives from long-standing local households acquainted with the land's origin and usage; land administration, and justice officials from the commune-level People's Committee. Depending on specific cases, representatives from the Farmers' Union, Women's Union, Veterans' Union, and Ho Chi Minh Communist Youth Union may also be invited.
+ Organizing mediation meetings with participation from the disputing parties, the Mediation Council, and stakeholders.
Mediation can only proceed if all disputing parties are present. If one party is absent twice, the mediation is considered unsuccessful.
- The mediation results must be recorded in minutes detailing: the time and place of mediation; attendees; a summary of the dispute, reflecting the land's origin and usage timeline; causes of the dispute (based on verification); council opinions; and agreements or disagreements reached by the disputing parties.
The mediation minutes must be signed by the Council's Chairman, the present disputing parties, and participating members, and stamped by the commune-level People's Committee. The minutes must be immediately sent to the disputing parties and kept at the commune-level People's Committee.
- Within 10 days of the successful mediation minutes, if any disputing party submits a written opinion differing from the agreed-upon content, the commune-level People's Committee Chairman organizes another mediation meeting to address the supplementary opinions and must draft successful or unsuccessful mediation minutes.
- For successful mediation resulting in changes to land boundaries or users, the commune-level People's Committee sends the mediation minutes to the competent authority for resolution per Clause 5, Article 202 of the Land Law.
If mediation fails or at least one party changes their opinion after successful mediation, the commune-level People's Committee drafts unsuccessful mediation minutes and guides the disputing parties to submit their case to the competent authority for further dispute resolution.
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