Land Disputes: What Cases are Not Required to be Mediated at the Commune People's Committee?

I would like to ask, normally when individuals are in a land dispute with each other, they will mediate at the Commune People's Committee. So, are there any cases where this procedure is not needed and the case can be taken directly to court?

Pursuant to Clause 2, Article 202 of the 2013 Land Law stipulates: Land disputes that the disputing parties cannot reconcile shall be submitted to the commune-level People's Committee where the disputed land is located for reconciliation.

At the same time, Clause 2, Article 3 of Resolution 04/2017/NQ-HDTP stipulates:

For disputes over who has the right to use the land that have not been reconciled at the People's Committee of the commune, ward, or commune-level town where the disputed land is located according to the provisions of Article 202 of the 2013 Land Law, it is determined that the conditions for filing a lawsuit specified at point b, clause 1, Article 192 of the 2015 Civil Procedure Code have not been met.

Thus, in land disputes, it is mandatory to reconcile at the grassroots level People's Committee of the commune before having the right to file a lawsuit in court. In case this procedure is not followed and a lawsuit is filed directly in court, the Court will also refuse to accept and resolve the case.

Respectfully!

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