Do land disputes require conciliation at the commune level in Vietnam?
Under current law, are all land disputes required to be conciliated at the commune-level People’s Committee? Hope to get a reply soon.
Do land disputes require conciliation at the commune level in Vietnam?
In Article 202 of the 2013 Land Law, it is stated:
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.
Thus, according to the above regulations in Vietnam, all land disputes must be conciliated at the commune-level People's Committee where the disputed land is located. The time limit for dispute settlement at the commune-level People's Committees shall not exceed 45 days from the date of receipt of the written request for settlement of land disputes.
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