Pursuant to Clause 47, Article 3 of the 2024 Land Law, land disputes are disputes over the rights and obligations of land users between two or more parties in land relations.
At the same time, Clauses 1 and 2, Article 235 of the 2024 Land Law stipulate land dispute mediation as follows:
(1) The State encourages the parties in land disputes to self-reconcile and mediate at the grassroots level according to the provisions of the law on grassroots mediation, mediation according to the provisions of the law on commercial mediation or other mediation mechanisms as prescribed by law.
(2) Before the competent state agency resolves the land dispute as prescribed in Article 236 of the 2024 Land Law, the disputing parties must mediate at the People's Committee of the commune where the disputed land is located.
Based on the above regulations, the parties are allowed to conduct land dispute mediation in the following forms:
(1) Self-reconciliation.
(2) mediation at the grassroots level according to the provisions of the law on mediation at the grassroots level.
(3) mediation in accordance with the provisions of the law on trade mediation.
(4) Other mediation mechanisms as prescribed by law.
(5) Conciliation at the People's Committee of the commune where the land is in dispute.
Thus, the parties can choose land dispute mediation methods, in which the State encourages the application of forms of self-reconciliation, grassroots mediation, commercial mediation or other mediation mechanisms. In particular, mediation at the People's Committee of the commune where the land is in dispute is a mandatory procedure.
