Regulations on mediation of land disputes

Reply

Article 235,Land Law 2024Regulations on mediation of land disputesas follows:

1. The State encourages parties involved in land disputes to resolve their disputes through self-conciliation, grassroots conciliation in accordance with the law on grassroots conciliation, conciliation in accordance with the law on commercial conciliation, or other conciliation mechanisms as prescribed by law.

2. Before the competent state agency resolves land disputes as stipulated in Article 236 of this Law, the disputing parties must conduct mediation at the People's Committee of the commune where the disputed land is located. Mediation of land disputes at the People's Committee of the commune where the disputed land is located shall be carried out as follows:

a) After receiving a request for land dispute mediation, the Chairman of the People's Committee at the commune level is responsible for establishing a Land Dispute Mediation Council to conduct land dispute mediation;

b) The composition of the Land Dispute Conciliation Council includes: the Chairman or Vice Chairman of the People's Committee at the commune level as the Chairman of the Council, a representative of the Vietnam Fatherland Front Committee at the commune level, a land administration official, and a long-time resident with knowledge of the origin and history of use of the disputed land (if any). Depending on the specific case, representatives of other organizations or individuals may be invited to participate in the Land Dispute Conciliation Council;

c) The mediation of land disputes at the commune-level People's Committee shall be carried out within a period not exceeding 30 days from the date of receipt of the application for mediation of the land dispute;

d) The mediation process must be documented in a written record signed by all parties involved and confirmed as successful or unsuccessful by the People's Committee of the commune. The mediation record shall be sent to the disputing parties and kept on file at the People's Committee of the commune where the disputed land is located;

d) If mediation fails and one or more of the disputing parties refuse to sign the minutes, the Chairman of the Council and the members participating in the mediation must sign the minutes, affix the seal of the People's Committee of the commune, and send them to the disputing parties.

3. Land dispute mediation in court is conducted in accordance with the law on mediation and dialogue in court and the law on civil procedure. Mediation of disputes between parties arising from commercial activities related to land through commercial mediation is conducted in accordance with the law on commercial mediation.

4. In cases of land dispute mediation as stipulated in Clauses 1, 2, and 3 of this Article, if the mediation is successful and there are changes to the current status regarding boundaries, area, and land users, within 30 working days from the date of receiving the document acknowledging the successful mediation result, the parties involved in the mediation must send the document acknowledging the successful mediation result to the competent state agency to carry out the registration and issuance of the Certificate of Land Use Rights and Ownership of Assets Attached to Land as prescribed.

5. For areas where no commune-level administrative units are established under the People's Committee of the district level, the provisions of Clause 2 of this Article shall not apply. The authority to resolve land disputes shall be exercised in accordance with the provisions of Article 236 of this Law.