Procedures for resolving land disputes under the jurisdiction of the Presidents of the district-level and province-level People’s Committees in Vietnam (Latest)

Procedures for resolving land disputes under the jurisdiction of the Presidents of the district-level and province-level People’s Committees in Vietnam (Latest) (Image from Internet)

1. Cases of resolving land disputes under the jurisdiction of the district-level and province-level People’s Committees in Vietnam

According to Clause 3 Article 236 of the Land Law 2024, when parties in a dispute choose to resolve the conflict at the competent People's Committee, the land dispute resolution is conducted as follows:

- In cases of disputes between households, individuals, or community groups, the Chairman of the District People's Committee resolves the issue. If 30 days pass from the day the Chairman of the District People's Committee issues a resolution decision without the parties initiating litigation or complaining as stipulated in point a, clause 3, Article 236 of the Land Law 2024, the decision becomes enforceable.

If there is disagreement with the resolution, within 30 days from receiving the decision of the Chairman of the District People's Committee, the disputing parties have the right to file a lawsuit in court according to the administrative litigation laws or present a complaint to the Chairman of the Provincial People's Committee. The resolution decision of the Chairman of the Provincial People's Committee is enforceable.

- In cases where the dispute involves an organization, religious organization, subordinate religious organization, overseas Vietnamese, or a foreign-invested economic organization, the Chairman of the Provincial People's Committee resolves the issue. If 30 days pass from the receipt of the resolution decision of the Chairman of the Provincial People's Committee without litigation or complaint initiation as stipulated in point b, clause 3, Article 236 of the Land Law 2024, the decision becomes enforceable.

If there is disagreement with the resolution, within 30 days from receiving the decision of the Chairman of the Provincial People's Committee, the disputing parties can file a lawsuit in court according to the laws on administrative litigation or file a complaint with the Minister of Natural Resources and Environment. The resolution decision of the Minister of Natural Resources and Environment is enforceable.

2. Procedures for resolving land disputes under the jurisdiction of the Presidents of the district-level and province-level People’s Committees in Vietnam (Latest)

Specifically, Article 106 of Decree 102/2024/ND-CP provides guidelines on Procedures for resolving land disputes under the jurisdiction of the Presidents of the district-level and province-level People’s Committees in Vietnam as follows:

- The individual submitting a request for land dispute resolution submits the application to the competent People's Committee.

- The Chairman of the competent People's Committee is responsible for:

+ Within 5 working days of receiving the application, notifying the disputing parties and the Land Registration Office or its branches, the Commune People's Committee where the land is located, about accepting the dispute resolution application, or providing written notice with reasons if the application is not accepted.

+ Assigning responsibility to the advisory body for resolution.

- The advisory body is tasked with verifying, investigating the case, organizing mediation between the disputing parties, conducting meetings with relevant departments for advice on resolving the land dispute (if necessary), and completing the dossier to present to the Chairman of the same level People's Committee to issue a resolution decision. The dossier includes:

+ Application for land dispute resolution;

+ Mediation minutes at the Commune People's Committee; minutes of meetings with the disputing parties and related persons; inspection minutes of the disputed land's status; minutes of meetings involving relevant departments for consulting on land dispute resolution in case mediation fails (if any); reconciliation minutes during the dispute resolution process;

+ Extract of map, cadastral records, satellite imagery data regarding the disputed land area (if any), and evidence used during the dispute resolution process;

+ Report, proposal, and draft resolution or draft decision recognizing successful mediation.

- The Chairman of the competent People's Committee issues a resolution decision or a decision recognizing successful mediation and sends it to the disputing parties, organizations, and individuals with related rights and obligations.

- Time for implementing land dispute resolution procedures

+ The time for implementing procedures under the jurisdiction of the Chairman of the District People's Committee does not exceed 45 days from the date of accepting the land dispute resolution application;

+ The time for implementing procedures under the jurisdiction of the Chairman of the Provincial People's Committee does not exceed 60 days from the date of accepting the land dispute resolution application;

+ For mountainous, border communes; islands; areas with difficult socio-economic conditions; areas with particularly difficult socio-economic conditions, the time specified in points a and b of clause 4 Article 106 of Decree 102/2024/ND-CP is extended by 10 days.

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