According to Decision 2304/QD-BNNMT of the Ministry of Agriculture and Environment, land dispute mediation is under the authority of the People's Committee at the commune level with the following process:
Step 1: The person requesting mediation will submit the application at the Public Administration Service Center or directly to the People's Committee of the commune where the disputed land is located. If the dossier is received at the Public Administration Service Center, this agency will forward the dossier to the People's Committee at the commune level.
Step 2: Within 3 working days from the date of receipt of the application, the Chairman of the Commune People's Committee must notify in writing the disputing parties and the Land Registration Office (or Branch of the Land Registration Office) about the acceptance of the application. In case of not acceptance, the People's Committee at the commune level must also notify in writing and state the reason.
Step 3: Conduct an examination, verify the cause of the dispute, collect documents and papers provided by the parties regarding the origin, process and current status of land use.
Step 4: Establish a Land Dispute mediation council, including the Chairman (or Vice Chairman) of the People's Committee at the commune level as Chairman of the Council; representative of the Vietnam Fatherland Front Committee at the commune level; representative of the land management agency at the commune level. Depending on each case, it is possible to invite more community representatives, prestigious people in the family, village elders, religious dignitaries, people who understand the case or legal experts to participate.
Step 5: Organize a mediation meeting with the participation of the disputing parties, Council members and people with related rights and obligations. The award will only be awarded when all the disputing parties are present. If one side is absent for the second time, mediation is considered unsuccessful.
The mediation results must be recorded clearly, clearly stating the time, location, participants, summarizing the content of the dispute, verification results, opinions of the Council, and the contents that the parties have agreed or not agreed upon.
The minutes must have the signature of the Chairman of the Council and the disputing parties, signed on each page and stamped by the People's Committee at the commune level. The minutes were 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 record of mediation, if any party has a written opinion other than the agreed agreement, the People's Committee at the commune level will reorganize a meeting to review and resolve additional opinions, and at the same time make a new record of mediation.
In case the mediation is unsuccessful, the People's Committee at the commune level will guide the parties to submit a petition to the next competent authority for settlement in accordance with the law.
