What are procedures for land dispute mediation at the commune-level People's Committee in Vietnam? What are judgments on land disputes in Vietnam?

What are procedures for land dispute mediation at the commune-level People's Committee in Vietnam?

The procedures for land dispute mediation at the commune-level People's Committee in Vietnam are stipulated in Article 105 of Decree 102/2024/ND-CP as follows:

(1) Upon receiving a request for land dispute mediation, the commune-level People's Committee is responsible for the following tasks:

- Within 3 working days from the date of receipt of the application, the commune-level People's Committee must notify in writing the parties involved in the land dispute, the Land Registration Office, or the branch of the Land Registration Office where the disputed land is located about the acceptance of the mediation request. If the request is not accepted, a written notification explaining the reasons must be provided;

- Examine, verify the cause of the dispute, and gather relevant documents and information provided by the parties regarding the origin of the land, the land use process, and the current state of land use;

- Establish a Land Dispute Mediation Council to conduct the mediation. Depending on the specific case, representatives from the residential community, reputable individuals from the local clan, local legal experts, social scientists, village elders, religious dignitaries, individuals privy to the case, commune-level justice and civil status officials, representatives of the Farmers' Association, Women's Union, Veterans' Association, Ho Chi Minh Communist Youth Union at the commune level, as well as other relevant individuals and organizations, may be invited to join the Land Dispute Mediation Council;

- Organize a mediation meeting with the participation of the disputing parties, members of the Land Dispute Mediation Council, and interested parties with rights and obligations related to the case.

Mediation will only proceed if all disputing parties are present. If one of the parties is absent after being summoned twice, the mediation is considered unsuccessful.

(2) The outcome of land dispute mediation must be documented, including details such as the time, venue of the mediation, participants, a summary of the dispute clearly indicating the origin, the time of land use under dispute, causes of the dispute as verified, the opinions from the Land Dispute Mediation Council, and the agreed or disagreed content among the disputing parties.

The mediation documentation must be signed by the Chairman of the Council and the disputing parties. If the documentation spans several pages, each page must be signed. The document is sealed with the stamp of the commune-level People's Committee and promptly sent to the disputing parties, while also being archived at the commune-level People's Committee.

(3) Within 10 days from the date of the successful mediation documentation, if any disputing parties present written comments differing from the agreed content in the successful mediation record, the Chairman of the commune-level People's Committee must organize another meeting of the Mediation Council to consider and address these additional comments and must document whether the mediation was successful or unsuccessful.

(4) In cases where the mediation is unsuccessful, the commune-level People's Committee will guide the disputing parties to submit applications to the competent authorities for further dispute resolution.

(5) The expenses for supporting land dispute mediation activities under this Article are to be implemented in accordance with state budget regulations.

What are judgments on land disputes in Vietnam in 2024?

Below is a compilation of judgments related to land disputes in 2024 as adjudicated by the Courts in Vietnam:

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