Procedures for mediation of land disputes in Vietnam from August 1, 2024

Procedures for mediation of land disputes in Vietnam from August 1, 2024 (Image from the internet)

1. What are the regulations on mediation of land disputes in Vietnam?

According to Article 105 of the Land Law 2024, the regulations on mediation of land disputes in Vietnam are as follows:

(1) The state encourages the parties involved in a land dispute to self-mediate, mediate at the grassroots level as prescribed by law on grassroots mediation, mediate according to the law on commercial mediation, or other mediation mechanisms prescribed by law.

(2) Before the competent state authority resolves a land dispute as stipulated in Article 236 of the Land Law 2024, the disputing parties must conduct mediation at the People's Committee of the commune where the disputed land is located. The mediation of land disputes at the People's Committee of the commune where the disputed land is located is conducted as follows:

- After receiving the request for mediation of land disputes, the Chairman of the People's Committee of the commune is responsible for establishing a mediation of land disputes Council to mediate the land dispute;

- The composition of the mediation of land disputes Council includes: The Chairman or Vice Chairman of the People's Committee of the commune as the Chairman of the Council, a representative of the Vietnam Fatherland Front Committee of the commune, an official in charge of land affairs, residents with long-term knowledge of the origin and use of the disputed parcel (if any). Depending on the specific case, representatives of other organizations or individuals can be invited to join the mediation of land disputes Council;

- Mediation of land disputes at the People's Committee of the commune must be carried out within 30 days from the date of receiving the request for mediation of land disputes;

- The mediation result must be documented with signatures from the parties involved in the mediation and confirmation of successful or unsuccessful mediation by the People's Committee of the commune. The mediation record is sent to the disputing parties and kept at the People's Committee of the commune where the disputed land is located;

- In case the mediation is unsuccessful and one or more disputing parties do not sign the mediation record, the Chairman of the Council and the participating members must sign the record, seal it with the seal of the People's Committee of the commune, and send it to the disputing parties.

(3) mediation of land disputes at the Court is conducted according to the law on mediation and dialogue at the Court and civil procedure law. Mediation of disputes arising from commercial activities related to land through commercial mediation is conducted according to the law on commercial mediation.

(4) For cases of successful mediation as stipulated in (1), (2), and (3) which result in changes in boundaries, area, or land users, within 30 working days from the date of receiving the document recognizing the mediation result, the parties involved must send the document recognizing the mediation result to the competent state authority to register and issue the Certificate of Land Use Rights and ownership of assets attached to the land according to regulations.

(5) For areas where no commune-level administrative units under the district-level People's Committee have been established, the regulations in (2) do not apply. Authority to resolve land disputes is carried out according to Article 236 of the Land Law 2024.

2. Procedures for mediation of land disputes in Vietnam from August 1, 2024

The procedures for mediation of land disputes in Vietnam are regulated in Article 105 of Decree 102/2024/ND-CP as follows:

- Upon receiving a request for mediation of land disputes, the People's Committee of the commune is responsible for the following tasks:

+ Within 3 working days from the date of receiving the request, the People's Committee of the commune must notify in writing the parties involved in the land dispute and the Land Registration Office or its branches in the area where the disputed land is located about handling the request for mediation of land disputes. If not handling, it must notify in writing and state the reasons;

+ Investigate, verify the causes of the dispute, collect relevant documents and evidence provided by the parties about the origin, usage history, and current status of the land;

+ Establish a mediation of land disputes Council to conduct mediation according to point b, clause 2, Article 235 of the Land Law 2024. Depending on the specific case, representatives of the community specified in clause 3, Article 6 of the Land Law 2024; reputable individuals in the family clan in the residential area or workplace; individuals with legal knowledge, social understanding; village elders, religious dignitaries, individuals with in-depth knowledge of the case, Office of Justice and Civil Status officials; representatives from the Farmers' Union, Women's Union, Veterans' Association, Ho Chi Minh Communist Youth Union at the commune level; and other relevant individuals or organizations can be invited to participate in the mediation of land disputes Council;

+ Organize a mediation meeting with the participation of the disputing parties, members of the mediation of land disputes Council, and individuals who have related rights and obligations.

Mediation is conducted only when all disputing parties are present. If one of the disputing parties is absent for the second time, the mediation is considered unsuccessful.

- The result of the mediation of land disputes must be documented in a record, including details of the time, place of mediation; the composition of the mediation; summary of the dispute content clearly showing the origin, timing of land use under dispute, the cause of the dispute according to verification results; opinions of the mediation of land disputes Council; and the agreed or disagreed content between the disputing parties.

The mediation record must be signed by the Chairman of the Council, the disputing parties, and if the record consists of multiple pages, each page must be signed, sealed with the seal of the People's Committee of the commune, and immediately sent to the disputing parties, and archived at the People's Committee of the commune.

- Within 10 days from the date of drawing up the successful mediation record, if the disputing parties have any written objections to the content agreed upon in the successful mediation record, the Chairman of the People's Committee of the commune shall organize another meeting of the Mediation Council to review and address any additional opinions, and must document the mediation result as successful or unsuccessful.

- In case the mediation is unsuccessful, the People's Committee of the commune shall guide the disputing parties to submit a request to the competent authority for further dispute resolution.

- Budget support for mediation of land disputes shall be implemented according to the law on the state budget.

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