Procedures for settling land disputes in Vietnam from August 1, 2024

Procedures for settling land disputes in Vietnam from August 1, 2024
Nguyen Thi Diem My

The procedures for settling land disputes in Vietnam from August 1, 2024 are stipulated in Decision 2124/QD-BTNMT of 2024.

Procedures  for  Resolving  Land  Disputes  from  August  1,  2024

Procedures for settling land disputes in Vietnam from August 1, 2024 (Internet image)

1. Procedures for settling land disputes under the authority of the Minister of Natural Resources and Environment of Vietnam

* Required documents:

- Request to resolve the land dispute (original);

- Mediation record at the commune-level People's Committee (photocopy or authenticated copy);

- Initial land dispute resolution decision by the Chairman of the provincial People’s Committee (photocopy or authenticated copy);

- Documents related to land use (photocopy or authenticated copy).

* Submission methods:

- Submit directly or send via postal service to the Reception and Result Delivery Office of the Ministry of Natural Resources and Environment (No. 10 Ton That Thuyet Street, My Dinh 2 Ward, Nam Tu Liem District, Hanoi City or the Public Reception Office (No. 79 Nguyen Chi Thanh, Dong Da District, Hanoi City).

- Submit on the National Land Information Portal, National Public Service Portal, Ministry of Natural Resources and Environment Public Service Portal (http://dichvucong.monre.gov.vn).

* Resolution procedures:

- The person requesting to resolve the land dispute sends the request to the Minister of Natural Resources and Environment.

- Within 05 working days from the receipt of the request, issue a written notice to the parties involved in the land dispute and the Land Registration Office or its Branch, the commune-level People's Committee where the disputed land is located about the acceptance of the request to resolve the land dispute. If not accepted, a written notice must be issued stating the reasons.

- Assign the responsible unit for advising on the resolution.

- The assigned unit collects and reviews the documents; if necessary, submit to the Minister of Natural Resources and Environment for the decision to establish a task force to inspect and verify the case locally; organize mediation between the disputing parties; complete the file and submit it to the Minister of Natural Resources and Environment to issue a decision to resolve the land dispute or to recognize successful mediation.

- The decision to resolve the land dispute or the decision to recognize successful mediation is sent to the disputing parties and relevant organizations or individuals.

* Resolution timeframe:

No more than 90 days from the acceptance of the request to resolve the land dispute. The resolution timeframe does not include public holidays and weekends as prescribed by law.

2. Procedures for settling land disputes under the authority of the Chairman of the provincial People’s Committee of Vietnam

* Required documents:

- Request to resolve the land dispute (original);

- Mediation record at the commune-level People's Committee (photocopy or authenticated copy);

- Land dispute resolution decision by the Chairman of the district People's Committee (photocopy or authenticated copy);

- Documents related to land use (photocopy or authenticated copy).

* Submission methods:

The person requesting to resolve the dispute submits the request to the provincial People's Committee via public postal service or directly at the provincial Public Reception Office.

* Resolution procedures:

- The person requesting to resolve the dispute submits the request to the provincial People’s Committee.

- Within 05 working days from the receipt of the request, a written notice must be issued to the parties involved in the land dispute and the Land Registration Office or its Branch, the commune-level People's Committee where the disputed land is located about the acceptance of the request to resolve the land dispute. If not accepted, a written notice must be issued stating the reasons.

- The Chairman of the provincial People’s Committee assigns the responsible unit for advising on the resolution.

- The advising unit examines, verifies the case, organizes mediation between the disputing parties, convenes meetings with relevant departments to consult on settling the dispute (if necessary), and completes the file to submit to the Chairman of the provincial People’s Committee to issue a decision to resolve the land dispute.

- The Chairman of the provincial People’s Committee issues a decision to resolve or to recognize successful mediation and sends it to the disputing parties, relevant organizations, and individuals involved.

* Resolution timeframe:

- No more than 60 days from the acceptance of the request to resolve the land dispute; the resolution timeframe does not include public holidays and weekends as prescribed by law.

- For mountainous, border communes; islands; areas with difficult socio-economic conditions; areas with particularly difficult socio-economic conditions, the resolution timeframe is extended by 10 days.

3. Procedures for settling land disputes under the authority of the Chairman of the district People’s Committee of Vietnam

* Required documents:

- Request to resolve the land dispute (original);

- Mediation record at the commune-level People's Committee (photocopy or authenticated copy);

- Documents related to land use (photocopy or authenticated copy).

* Submission methods:

The person requesting to resolve the dispute submits the request to the district People’s Committee via public postal service or directly at the district Public Reception Office.

* Resolution procedures:

- The person requesting to resolve the dispute submits the request to the district People’s Committee.

- Within 05 working days from the receipt of the request, a written notice must be issued to the parties involved in the land dispute and the Land Registration Office or its Branch, the commune-level People’s Committee where the disputed land is located about the acceptance of the request to resolve the land dispute. If not accepted, a written notice must be issued stating the reasons.

- The Chairman of the district People’s Committee assigns the responsible unit for advising on the resolution.

- The advising unit examines, verifies the case, organizes mediation between the disputing parties, convenes meetings with relevant departments to consult on settling the dispute (if necessary), and completes the file to submit to the Chairman of the district People’s Committee to issue a decision to resolve the land dispute.

- The Chairman of the district People’s Committee issues a decision to resolve or to recognize successful mediation and sends it to the disputing parties, relevant organizations, and individuals involved.

* Resolution timeframe:

- No more than 45 days from the acceptance of the request to resolve the land dispute; the resolution timeframe does not include public holidays and weekends as prescribed by law.

- For mountainous, border communes; islands; areas with difficult socio-economic conditions; areas with particularly difficult socio-economic conditions, the resolution timeframe is extended by 10 days.

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