How is the process of resolving land disputes at the commune level implemented?

PROCEDURES FOR SETTLEMENT OF LAND DISPUTES

HOW IS IT WORKED?

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Figure 1. Thinh Tri Law - How is the land dispute resolution process at the commune level implemented?

Land is considered as a special asset of immense value. Therefore, land is the subject of many disputes and complexities. So, does the commune-level People's Committee have the authority to settle land disputes? Let's find out the following article with Thinh Tri Law.

OUTLINES

1. Process of conciliation of land disputes.

2. Which agency is competent to settle land disputes?

1. Land dispute mediation process:

According to Article 2020 of the 2013 Land Law, Article 88 of Decree 43/2014/ND-CP and Clause 57, Article 2 of Decree 01/2017/ND-CP stipulate the competence to settle land disputes and the land conflict mediation , specifically:

The State encourages the parties to a land dispute to be able to conciliate themselves or settle the land dispute through the grassroots conciliation procedure. If the parties have a land dispute without conciliation, the parties shall send an application to the People's Committee of the commune where the land dispute is located for mediation.

Step 1: Submit a settlement request

File a request for settlement of a land dispute at the People's Committee of the commune where the disputed land is located for conciliation.

Step 2: Commune People's Committee conducts inspection and verification

After receiving a written request for settlement of a land dispute, the commune-level People's Committee is responsible for verifying, verifying, finding out the causes of the dispute, and collecting relevant documents and papers. The parties are responsible for providing documents related to the origin of the land, the land use process, and the current land use status.

Step 3: Set up a Dispute Mediation Council

Members of the Council include: The Chairman or Vice Chairman of the People's Committee is the Chairman of the Council; representatives of the Fatherland Front Committees of communes, wards and townships; the head of the population group for urban areas; village and hamlet heads for rural areas; representatives of a number of households living in communes, wards and townships for a long time who know well about the disputed land origin and use process for that land parcel; cadastral officers, judicial officers in communes, wards and townships. Depending on the case, it is possible to invite representatives of the Farmers' Union, the Women's Union, the Veterans' Association, the Ho Chi Minh Communist Youth Union.

Step 4: Organize a land dispute mediation

At the conciliation, there must be the participation of the land disputing parties, members of the Land Dispute Mediation Council and people with related interests and obligations. Mediation can only take place when the disputing parties are present. In case one of the parties to a land dispute is absent for the second time, the conciliation of the land dispute is considered unsuccessful.

Step 5: Proceed to make minutes for the land mediation

Making minutes of conciliation of land disputes:

The results of the land dispute mediation must be recorded in writing, including the following contents: Time and place of the conciliation session, participants in the mediation, summary of the content of the dispute presented. clearly stating the origin of the land, the time of land use in dispute, the cause of the land dispute (based on the results, investigation and verification), opinions of the Conciliation Council, content of the parties Dispute agreement or content not agreed upon by the parties.
The minutes of conciliation shall be signed by the Chairman of the Conciliation Council, the parties to the land dispute present at the conciliation meeting, the members participating in the conciliation meeting and must have the seal of the commune-level People's Committee. At the same time, the minutes must be immediately sent to the parties to the dispute and kept a copy at the commune-level People's Committee..
Within 10 days from the date of making the minutes of successful conciliation, if the disputing parties have written opinions different from the content agreed by the parties in the minutes of successful conciliation, the chairperson of the commune-level People's Committee shall organize Reconciliation Council meeting to conduct consideration and settlement of additional comments and make minutes of successful or unsuccessful conciliation.
Notes:
In case the conciliation is successful but there is a change in the status of the land use boundary or the land user, the commune-level People's Committee shall send the minutes of successful conciliation to the Division of Natural Resources and Environment in the case of land dispute between the two parties. individuals, households and communities together; proceed to send it to the Department of Natural Resources and Environment, then the Department of Natural Resources and Environment will submit it to the People's Committee of the same level for decision to recognize the change of the boundary of the land plot and issue a certificate of use right. land, decide to own houses and other land-attached assets.
In case of unsuccessful conciliation or drunkenness when conducting successful conciliation but at least one of the parties changes their opinion and the results of the mediation, the commune-level People's Committee shall draw up a record of unsuccessful conciliation and guide the disputing parties. land dispute shall send the application to the next competent authority to settle the land dispute.
Procedures for conciliation of land disputes at commune-level People's Committees shall be carried out within 45 days from the date of receipt of a written request for settlement of land disputes.

2. Which agency is competent to settle land disputes??

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Figure 2. Thinh Tri Law - Which agency has the authority to settle land disputes?

Pursuant to Article 203 of the 2013 Land Law stipulating the competence to settle land disputes, specifically:

In case the land dispute has not been successfully conciliated at the commune-level People's Committee, the settlement will be as follows:

Firstly, a land dispute in which the involved party has a certificate of land use right or has one of the papers specified in Article 100 of the 2013 Land Law and a dispute over property attached to the land shall be settled by the applicant Court has jurisdiction;
Secondly, in a land dispute where the involved parties do not have a certificate of land use rights or have one of the papers specified in Article 100 of the 2013 Land Law, the involved parties may only choose one of two forms of land dispute resolution as follows:

File a request for settlement of a land dispute at a competent People's Committee (the chairperson of the district-level People's Committee or the president of the provincial-level People's Committee where the disputed land is located).
Initiate lawsuits at competent People's Courts in accordance with current law provisions on civil procedures.