What is the current minute form for conciliation of land disputes in Vietnam? What should the commune-level People’s Committee do after receiving a written request for settlement of a land dispute?
- What are the responsibilities of the commune-level People’s Committee after receiving a written request for settlement of a land dispute?
- What is the content of the current minute form for conciliation of land disputes in Vietnam?
- What is the current minute form for conciliation of land disputes in Vietnam?
What are the responsibilities of the commune-level People’s Committee after receiving a written request for settlement of a land dispute?
Pursuant to Clause 1, Article 88 of Decree 43/2014/ND-CP (Point b of this Article is amended by Clause 27, Article 1 of Decree 148/2020/ND-CP) as follows:
Procedures for conciliation of land disputes
1. Upon receiving a written request for settlement of a land dispute, a commune-level People’s Committee shall:
a/ Verify and learn about the cause of the dispute, collect relevant documents about the land origin, land use process and current land use status from the parties;
b/ Establish the conciliation committee to settle land disputes. This committee shall be composed of the chairperson or the deputy chairperson of the People’s Committee as the committee’s head; the representative of the Fatherland Front Committee of commune, ward or township; the head of residential quarter in urban areas; the head of village or hamlet in rural areas; the prestigious figure in a kinship, at a residential community or workplace; the person having expertise in laws and social knowledge; the village patriarch/matriarch, the religion dignitary or the person thoroughly grasping the case or matter; the representative of households living for a long time at communes, wards, townships that know well about the origin and process of use of the land plot; the cadastral officer or judicial officer at commune, ward or township. In specific situations, representatives of the Farmers’ Association, Women’s Union, Veterans’ Association and Ho Chi Minh Communist Youth Union may be invited;
c/ Organize a conciliation meeting with the participation of the disputing parties, members of the council for conciliation of land disputes and persons with related interests and obligations.
The conciliation may take place only when all the disputing parties are present. If any of the disputing parties is absent for the second time, the conciliation shall be regarded as unsuccessful.
Thus, upon receiving a written request for settlement of a land dispute, a commune-level People’s Committee shall Verify and learn about the cause of the dispute, collect relevant documents; establish the conciliation committee and organize a conciliation meeting.
Accordingly, the conciliation may take place only when all the disputing parties are present. If any of the disputing parties is absent for the second time, the conciliation shall be regarded as unsuccessful.
What is the current minute form for conciliation of land disputes in Vietnam? What should the commune-level People’s Committee do after receiving a written request for settlement of a land dispute?
What is the content of the current minute form for conciliation of land disputes in Vietnam?
Pursuant to Clause 2, Article 88 of Decree 43/2014/ND-CP stipulates as follows:
Procedures for conciliation of land disputes
…
2. The result of conciliation of a land dispute must be recorded in a minutes which specifies the time and place of the conciliation; participants in the conciliation; summary of the dispute clearly stating the origin and time of use of the disputed land, cause of the dispute (already verified), opinion of the conciliation council; and contents agreed and disagreed between the disputing parties.
The conciliation minutes must be signed by the head of the conciliation council, the disputing parties present at the conciliation session and participants in the conciliation, and sealed by the commune-level People’s Committee. It must be immediately sent to the disputing parties and preserved at the commune-level People’s Committee.
Thus, after the land dispute conciliation meeting ends, the conciliation results must be recorded in writing.
The minutes of conciliation of land disputes must contain all the information specified above and must be signed by the disputing parties present at the conciliation meeting and members of the conciliation committee.
What is the current minute form for conciliation of land disputes in Vietnam?
Currently, the law does not stipulate a minute form form for conciliation of land disputes.
However, the minutes for conciliation of land disputes must contain the required contents as required by Clause 2, Article 88 of Decree 43/2014/ND-CP as follows:
Download form for conciliation of land disputes: Click here.
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