Implementation procedures
Step 1: The person with a request for land dispute resolution must submit the application to the Public Administration Service Center or the People's Committee at the commune level.
In case the Public Administration Service Center receives the dossier, the dossier shall be transferred to the People's Committee at the commune level.
Step 2: Within 03 working days from the date of receipt of the application, the Chairman of the People's Committee at the commune level must notify in writing the parties in the land dispute and the Land Registration Office or the Branch of the Land Registration Office where the land is in dispute about the acceptance of the application for land dispute mediation. In case of not acceptance, it must be notifished in writing and the reason must be stated.
Step 3: Review and verify the causes of disputes, collect relevant documents and papers provided by the parties regarding land origin, land use process and land use status.
Step 4: Establish a Land Dispute Conciliation Council to conduct land dispute mediation, including: Chairman or Vice Chairman of the People's Committee at the commune level who is Chairman of the Council, representative of the Vietnam Fatherland Front Committee at the commune level, representative of the agency with the function of managing land at the commune level. Depending on each specific case, it is possible to invite representatives of the community specified in Clause 3, Article 6 of the Land Law; prestigious people in the family in the place of residence or workplace; people with legal qualifications, social knowledge; village elders, religious dignitaries, people with good business knowledge and business; other related individuals and organizations to participate in the Land Dispute Conciliation Council.
Step 5: Organize a mediation meeting with the participation of the disputing parties, members of the Land Dispute Conciliation Council and people with related rights and obligations. Conciliation is only conducted when all the disputing parties are present.
In case one of the parties in the dispute is absent for a second time, it is considered a failed mediation.
- The results of land dispute mediation must be recorded, including the following contents: time and location of mediation; participants in mediation; Summary of the dispute content clearly showing the origin, time of disputed land use, cause of dispute arising according to the verification results; opinions of the Land Dispute mediation Council; contents that have been agreed upon or disagreed by the dispute parties.
The mediation minutes must have the signature of the Chairman of the Council and the disputing parties. In case the minutes include many pages, they must be signed on each page of the minutes, stamped by the People's Committee at the commune level and immediately sent to the disputing parties, and kept at the People's Committee at the commune level.
- Within 10 days from the date of making the mediation record if the dispute parties have a written opinion other than the agreed content in the mediation record, the Chairman of the People's Committee at the commune level shall reorganize a meeting of the mediation Council to consider and resolve the additional opinions and must make a record of successful or failed mediation.
- In case the mediation is unsuccessful, the People's Committee at the commune level shall instruct the disputing parties to submit a petition to the competent authority for further dispute resolution.
