Hello Lawyer, I currently have a case about a land use right dispute. I bought land from an acquaintance before. We have transferred the goods to the name and completed the procedures. Recently, there was a plan to open a road in the land, so the land price suddenly skyrocketed. They want to take back the land and return the money but I do not agree. Currently I am the legal owner of the land. The court called both sides to mediate, but I didn’t want to go. So about the matter “Mediation of land disputes according to regulations in Vietnam” Let’s find out with LSX in the article below.
Legal grounds
- Land Law 2013
- Civil Code 2015
What is a land dispute?
According to Clause 24, Article 3 of the 2013 land law, a land dispute is a dispute over the rights and obligations of land users between two or more parties in a land relationship.
Land disputes are conflicts between land users who believe that their legitimate rights and interests are infringed, (usually disputes over land use rights fall into one of the following categories: Types of disputes: Disputes about who has the right to use the land, disputes about reclaiming land used by others, disputes from contracts for transferring land use rights, disputes arising from inheritance relationships. design, disputes over properties attached to land, etc.). When a land dispute occurs in a residential community, at the request of one or the disputing parties, the State will proceed to resolve such conflicts and disputes in accordance with the law to protect the legal rights of land users (abbreviated as land use).
What is land dispute mediation?
Do land disputes require mediation?
Clause 1, Article 202 of the 2013 Land Law provides as follows:
The State encourages the parties to land disputes to conciliate themselves or to resolve land disputes through grassroots conciliation.
In Clause 2, Article 3 of Resolution 04/2017/NQ-HDTP, it is stipulated:
2. For a dispute over who has the right to use the land but has not yet been conciliated at the People’s Committee of the commune, ward or township where the disputed land is located according to the provisions of Article 202 of the 2013 Land Law, it shall be determined. is not yet fully qualified to initiate lawsuits specified at Point b, Clause 1, Article 192 of the 2015 Civil Procedure Code.
For other disputes related to land use rights such as: disputes over transactions related to land use rights, disputes over inheritance of land use rights, division of husband and wife’s common property as land use rights, … then the conciliation procedure at the People’s Committee of the commune, ward or township where the disputed land is located is not a condition for initiating a lawsuit.
Thus, for disputes over who has the right to use the land, conciliation is required, and for other land disputes, mediation is not required.
What is land dispute mediation?
What is land dispute conciliation is a matter of concern. Let’s explore this concept as follows:
Land dispute conciliation is a method of settling land disputes between land users or land users with the state to limit and end frictions and conflicts and reach a consensus. will by negotiation between the parties or through an intermediary third party.
What is the procedure for conciliation of land disputes?
* Step 1: Upon receipt of a request for settlement of a land dispute, the commune-level People’s Committee is responsible for performing the following tasks:
– Verify, verify, find out the causes of disputes, collect relevant papers and documents provided by the parties about the origin of land, land use process and current land use status;
– Set up a Land Dispute Conciliation Council to conduct conciliation. Members of the Council include:
+ The President or Vice Chairman of the People’s Committee is the Chairman of the Council;
+ Representatives of the Fatherland Front Committees of communes, wards and townships;
+ Head of the residential group for urban areas;
+ Heads of villages and hamlets, for rural areas;
+ People with prestige in the family line, in the place where they live and work;
+ Persons with legal qualifications and social knowledge;
+ Village elders, religious dignitaries, people who know the case well;
+ Representatives of a number of households who have lived for a long time in communes, wards and townships know well about the origin and use process of that land plot;
+ Cadastral officers, judicial officers of communes, wards and townships.
+ Depending on each specific case, representatives of the Farmers’ Union, the Women’s Union, the Veterans’ Association and the Ho Chi Minh Communist Youth Union may be invited;
– Organize a conciliation meeting with the participation of the disputing parties, members of the Land Dispute Mediation Council and persons with related interests and obligations.
Mediation can only be conducted when the disputing parties are present. In case one of the disputing parties is absent for the second time, the conciliation is considered unsuccessful.
* Step 2: Make a record of successful or unsuccessful conciliation
– If mediation is successful:
Within 10 days from the date of making the record of successful conciliation, if the disputing parties have opinions different from the content agreed in the minutes of successful conciliation, the chairperson of the commune-level People’s Committee shall re-organize the meeting. meeting of the Conciliation Council to consider and settle additional comments and must make a record of successful or unsuccessful conciliation.
In case the conciliation is successful but there is a change in the current status of the land use boundary or the land user, the commune-level People’s Committee shall send the record of successful conciliation to a competent agency for settlement according to regulations.
– If mediation fails:
In case the conciliation is unsuccessful or after the conciliation is successful, at least one of the parties changes their mind about the conciliation result, the commune-level People’s Committee shall make a record of the unsuccessful conciliation and guide the disputing parties. send the application to the next competent authority to settle the dispute.
How many times can I mediate a land dispute?
Currently, mediation of land disputes is limited in terms of mediation time. Pursuant to Article 202 of the 2013 Land Law:
Article 202. Land dispute conciliation
1. The State encourages the parties to a land dispute to conciliate themselves or settle the land dispute through grassroots conciliation.
2. For land disputes that the disputing parties cannot conciliate, they shall send an application to the commune-level People’s Committee of the locality where the disputed land is located for conciliation.
3. Commune-level People’s Committee presidents shall have to organize the conciliation of land disputes in their respective localities; in the course of implementation, must coordinate with the commune-level Vietnam Fatherland Front Committees, member organizations of the Front and other social organizations. Procedures for conciliation of land disputes at commune-level People’s Committees shall be carried out within 45 days from the date of receipt of a written request for settlement of land disputes.
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Frequently asked questions
Commune-level People’s Committees shall establish land dispute conciliation councils to conduct conciliation.
The composition of the Land Dispute Mediation Council as prescribed in Article 202 of the Land Law 2013 includes: The Chairman or Vice Chairman of the People’s Committee is the Chairman of the Council; representatives of Fatherland Front Committees of communes, wards and townships; the head of the population group for urban areas; village and hamlet heads for rural areas; representatives of a number of households living for a long time in communes, wards and townships know well about the origin and use process of that land plot; cadastral officials, judicial officers of communes, wards and townships. Depending on each specific case, representatives of the Farmers’ Union, the Women’s Union, the Veterans’ Association and the Ho Chi Minh Communist Youth Union can be invited.
In accordance with current law, the parties to a land dispute case shall submit a written request for settlement of the land dispute and accompanying documents and evidences (if any) to the commune-level People’s Committee of the locality where the dispute arises. land mortgage.
A dossier of request for mediation of a land dispute basically includes:
A request for conciliation of a land dispute;
Other documents and evidences (if any) such as: Minutes of conciliation of land disputes at grassroots level; copy: Certificate of land use right; extract the land plot; hand-written paper for sale and transfer of land; land use right transfer contract; Identity card of the applicant…
Conclusion: So the above is Mediation of land disputes according to regulations in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
