Responsibility of the Commune People's Committee when mediating land disputes

The Lao Dong Newspaper Legal Consulting Office replied:

Article 105, Decree 102/2024/ND-CP detailing the implementation of a number of articles of the Land Law stipulates the procedures for land dispute mediation as follows:

1. When receiving a request for mediation of land disputes, the People's Committee at the commune level is responsible for performing the following tasks:

a) Within 03 working days from the date of receipt of the application, the People's Committee at the commune level must notify in writing the parties to 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 notifyed in writing and state the reasons;

b) Review and verify the causes of disputes, collect relevant documents and papers provided by the parties regarding land origin, land use process and current land use status;

c) Establish a Land Dispute mediation council to carry out mediation as prescribed in Point b, Clause 2, Article 235 of the Land Law. Depending on each specific case, it is possible to invite community representatives specified in Clause 3, Article 6 of the Land Law; prestigious people in the family line in the place of residence and workplace; people with legal qualifications, social knowledge; village elders, religious dignitaries, people with good business skills, jobs, judicial - civil servants at the commune level; representatives of the Farmers' Association, Women's Union, Veterans' Association, Ho Chi Minh Communist Youth Union at the commune level; other relevant individuals and organizations to participate in the Land Dispute mediation Council;

d) 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.

2. The results of land dispute mediation must be recorded, including the following contents: time and location for 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; opinion 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.

3. 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.

4. In case the mediation is unsuccessful, the People's Committee at the commune level will guide the dispute parties to submit a petition to the competent authority to resolve the dispute further.

Thus, the responsibility of the Commune People's Committee when mediating land disputes is stipulated as above.