Can the commune chairman be sued for not organizing land dispute mediation?
My neighbor and I have a land dispute. If I want to file a lawsuit in court, I must have a record of conciliation. I have submitted a petition to the Commune People's Committee requesting conciliation of the land dispute for more than a month now, but the Chairman of the Commune People's Committee has not organized a conciliation. So, can I sue the Commune Chairman for not organizing a conciliation of the land dispute? The issue of concern of Mr. Ho Ngoc Anh (residing in Nghe An province).
Reply:According to Clause 2, Article 235 of the 2024 Land Law, the Chairman of the People's Committee at the commune level is responsible for organizing the conciliation of land disputes in his/her locality. The procedure for conciliation of land disputes at the People's Committee at the commune level is carried out within no more than 30 days from the date of receipt of the request for settlement of land disputes.
According to the provisions of Clause 3 and Clause 4, Article 3 of the current Law on Administrative Procedures, an administrative act is an act of a state administrative agency or a competent person in a state administrative agency or an agency or organization assigned to perform state administrative management performing or failing to perform tasks or public duties as prescribed by law. The administrative act being sued is the above-mentioned act that affects the exercise of the legitimate rights and interests of an agency, organization or individual.
According to the above regulations, the act of not organizing grassroots mediation for land disputes by the Chairman of the People's Committee at the commune level that you mentioned is the subject of an administrative lawsuit. Therefore, you have the right to sue this act of the Chairman of the People's Committee at the commune level.
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