PROCESS OF CONCILIATION OF LAND DISPUTES
AT COMMUNE-LEVEL
Process of conciliation of land disputes at commune-level People's Committees.
OUTLINES
1. Principles of land dispute conciliation at commune-level People's Committees..
2. Disputes must be conciliated at commune-level People's Committees..
3. Process of conciliation of land disputes at commune-level People's Committees..
- When a land dispute occurs, people often think of taking a lawsuit to the Court to resolve it, but that is not the only method. You can choose to mediate a land dispute at the Commune People's Committee instead of filing a lawsuit. This is one of the simplest measures to help parties resolve conflicts and save costs.
- Conciliation of land disputes is one of the methods implemented before proceeding with lawsuits to the Court. This measure is built on the voluntary basis of the parties.
- Mediation of land disputes is divided into two main categories:
- Self-reconciliation or grassroots conciliation (village, hamlet, hamlet, hamlet...);
- Conciliation of land disputes at commune-level People's Committees.
- Pursuant to Article 202 of the 2013 Land Law, self-reconciliation and grassroots conciliation are two forms encouraged by the State. In case the self-conciliation does not bring results, the parties send an application to the commune-level People's Committee for mediation.
- The procedure for conciliation of a land dispute at the commune-level People's Committee must be recorded in writing and signed by the disputing parties along with the People's Committee's seal. The minutes of conciliation shall be sent to the parties and one copy shall be kept at the People's Committee of the commune where the land is located.
- In case the conciliation is successful, but the land has a change in the status of the boundary or the person with the land use right, the commune-level People's Committee must send the minutes of conciliation to the Division of Natural Resources and Environment/Department of Natural Resources and Environment.
➤ More articles: Some regulations on boundary disputes for landowners
Disputes must be conciliated at the Commune People's Committee.
- Pursuant to Clause 2, Article 3 of Resolution 04/2017/NQ-HDTP dated May 5, 2017 and Article 202 of the 2013 Land Law, land disputes aimed at determining who has the right to use land must be conciliation at the commune-level People's Committee before proceeding to the court.
- Other disputes related to land use rights such as: land contract transaction disputes (lease, transfer, etc.), disputes over land inheritance, division of common property of husband and wife is the right to use land ... then the procedure for conciliation of land disputes at the Commune People's Committee is not a mandatory condition.
- In short, disputes over who has the right to use the land that have not been conciliated at the Commune People's Committee will not be eligible for lawsuits, the Court has the right to refuse to settle according to the provisions of Point b, Clause 1, Article 192 Civil Procedure Code 2015. The remaining disputes, mediation at the People's Committee only arise when there are specific requests.
The process of conciliation of land disputes at commune-level People's Committees is carried out according to the provisions of Article 202 of the Land Law 2013, Article 88 of Decree 43/2014/ND-CP dated May 15, 2014 is as follows:
- Step 1: Receive the request and process the application
- The parties to a land dispute shall make an application and send relevant papers and documents to the People's Committee of the commune where the disputed land is located. Commune People's Committees are responsible for:
- Verification and verification to find out about the causes of land disputes;
- Collect relevant papers and documents provided by the parties on the origin of the land, information on the use process and the current status of the land.
- Step 2: Set up a Land Dispute Mediation Council
- After fully determining the information of the dispute, the People's Committee must establish a Mediation Council to handle the dispute in its locality. The Mediation Council includes:
- Chairman/Vice Chairman of the Commune People's Committee - Chairman of the Mediation Council;
- Representatives of the Fatherland Front Committee in communes, wards and townships;
- Head of a population group (urban) or village head (rural area);
- Representatives of some long-lived households in the locality know well about the origin and use of the land plot;
- Cadastral officers, judicial officers in commune-leve;
- In some special cases, representatives of the Farmers' Union, the Women's Union, the Veterans' Association or the Communist Youth Union may be involved.
- Step 3: Organize land dispute mediation
- The conciliation meeting must be attended by the disputing parties, the Mediation Council and persons with related interests and obligations. Mediation can only be conducted when the parties are fully present. If one of the parties is absent for the second time, the conciliation has failed.
- Step 4: Conciliation results at the Commune People's Committee
- The results of the dispute mediation must be recorded in writing. Within 10 days from the date of making the minutes, if the parties have opinions different from the content agreed upon in the mediation, re-conciliation shall be conducted to supplement their opinions and this meeting shall also make a record of conciliation successful or failed.
- For the unsuccessful conciliation at the commune-level People's Committee, the People's Committee shall guide the parties to file a lawsuit to the Court or request settlement according to administrative procedures at the competent People's Committee.
➤ More articles:
➤ Minimum land area to be met when carrying out procedures for land parcel separation in Dong Nai.
➤ Principles of granting certificates of land use rights and ownership of houses and other land-attached assets.
➤ Cases in which land use right certificates are granted for the first time.
➤ Issues related to when applying for a certificate of “land right” ownership..
- Above is the entire process of conciliation of land disputes at the commune-level People's Committee. If you have any questions or need support, please contact us immediately via Hotline 1800 6365 for experts to promptly advise and resolve legal issues.
