Vietnam: What are the components of land dispute settlement dossiers under the competence of district-level and provincial-level People's Committees?
- What are the components of land dispute settlement dossiers under the competence of district-level and provincial-level People's Committees of Vietnam?
- When will the Commune People's Committee organize the mediation of land disputes in Vietnam?
- How will mediation of land disputes fail, how will it be handled in Vietnam?
What are the components of land dispute settlement dossiers under the competence of district-level and provincial-level People's Committees of Vietnam?
Pursuant to Clause 3, Article 89 of Decree 43/2014/ND-CP stipulates as follows:
Article 89. Procedures for settlement of land disputes falling under the competence of chairpersons of district- or provincial-level People’s Committees
…
3. The advisory agency shall verify the case, organize conciliation among the disputing parties, hold a meeting among related departments and sectors to advise on the settlement of the land dispute (if necessary), and complete the dossier of the case and submit it to the People’s Committee of the same level for the latter to issue a decision on settlement of the land dispute. A dossier of settlement of a land dispute must comprise:
a/ The petition for settlement of land dispute;
b/ The minutes of conciliation at the commune-level People’s Committee; minutes of working with the disputing parties and related persons; minutes of the field inspection of the disputed land; minutes of the meeting with related departments and sectors to advise on the settlement of the land dispute, in case of unsuccessful conciliation; and minutes of conciliation during the settlement of the dispute;
c/ Extracts from the cadastral maps and records made in different periods related to the area of the disputed land and documents as evidence and proof in the process of dispute settlement;
d/ The proposal report and draft decision on settlement of the dispute or draft decision on recognition of successful conciliation.
Thus, the advisory agency, after verifying, verifying and organizing the conciliation of land disputes, must complete the dossier to submit to the People's Committee of the same level for decision on settlement of land disputes.
Land dispute settlement dossiers will include papers and documents as prescribed above.
Vietnam: What are the components of land dispute settlement dossiers under the competence of district-level and provincial-level People's Committees?
When will the Commune People's Committee organize the mediation of land disputes in Vietnam?
Pursuant to Article 202 of the 2013 Land Law of Vietnam, it provides as follows:
Article 202. Conciliation of land disputes
1. The State shall encourage the disputing parties to conciliate themselves or have theừ land disputes settled through grassroots conciliation.
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.
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.
5. In case of successful conciliation which results in changes in the boundaries or land users, the commune-level People’s Committee shall send the conciliation minutes to the district-level Division of Natural Resources and Environment, for land disputes among households, individuals and communities, or to the provincial-level Department of Natural Resources and Environment, for other land disputes.
The district-level Division of Natural Resources and Environment or the provincial-level Department of Natural Resources and Environment shall submit the case to the People’s Committee of the same level for decision on recognizing the change in boundaries or renewing the certificate of land use rights, houses and other land-related assets ownership.
Accordingly, the procedure for conciliation of land disputes at the commune-level People's Committee shall be carried out within 45 days from the date of receipt of the application for settlement of land disputes.
How will mediation of land disputes fail, how will it be handled in Vietnam?
Pursuant to Article 203 of the 2013 Land Law of Vietnam, it provides as follows:
Article 203. 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.
According to the above provisions, if the commune-level People's Committee has unsuccessfully organized the conciliation of land disputes, the disputing parties may submit an application to the Court for settlement in case of obtaining a land use right certificate.
In case there is no land use right certificate, the parties to the land dispute may apply to the competent People's Committee to settle the dispute or initiate a lawsuit at the competent Court.
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