People have the right to sue the Chairman of the commune when land dispute is not mediated

Khánh Linh |

Reader Nguyen Minh Anh (Lang Son) asked: "Can I sue the behavior of the commune chairman who did not organize land dispute mediation?"

According to Lawyer Hoang Tuan Vu - Tue Anh Law Firm LLC, Clause 2, Article 235 of the 2024 Land Law clearly stipulates that the Chairman of the Commune People's Committee is responsible for organizing land dispute mediation in the locality. The mediation period is no more than 30 days from the date the Commune People's Committee receives the request.

Thus, organizing mediation is not only a legal obligation but also a basis for ensuring the legitimate rights of the people before the dispute is raised to a higher level.

According to Clause 3 and Clause 4, Article 3 of the current Law on Administrative Procedure, administrative acts are acts of competent agencies and individuals in state administrative management performing or not performing tasks according to the provisions of law.

If this behavior affects the legitimate rights and interests of an organization or individual, it will be determined to be an administrative act in lawsuit.

From the above regulations, the act of the Chairman of the Commune People's Committee not organizing land dispute mediation is considered an administrative act that does not perform the duties according to the law.

Therefore, people have the right to file a lawsuit against this behavior in court according to administrative procedures to protect their legitimate rights and interests.

Khánh Linh
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Thời hạn giải quyết tranh chấp đất đai cấp xã từ 1.7.2025

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