CONCILIATION PROCEEDINGS OF LAND DISPUTES AT THE GRASSROOTS LEVEL?
17/06/2021 20:47
I. Basis legal
- Land law 2013
- Decree no 43/2014/ND-CP, decree detailing a number of article of the land law
II. Contents
Upon receiving a written request for settlement of a land dispute, a provincial-level People’s Committee shall:
- Verify and learn about the cause of the dispute, collect relevant documents about the land origin, land use process and current land use status from the parties;
- Form a council for conciliation of land disputes. This council shall be composed of the chairperson or a deputy chairperson of the People’s Committee as its head; a representative of the Fatherland Front Committee of the commune, ward or township; the head of the street quarter, for urban areas; the head of the village, for rural areas; a representative of households that have lived for a long time in the commune, ward or township and know well about the origin and use process of the disputed land parcel; and the cadastral and justice officers of the commune, ward or township. On a case-by-case basis, representatives of the Farmers’ Association, Women’s Union, Veterans’ Association and Ho Chi Minh Communist Youth Union may be invited;
- Organize a conciliation meeting with the participation of the disputing parties, members of the council for conciliation of land disputes and persons with related interests and obligations.
The conciliation may take place only when all the disputing parties are present. If any of the disputing parties is absent for the second time, the conciliation shall be regarded as unsuccessful. The conciliation process must be made in a written record with signatures of all parties and certified by the commune-level People’s Committee on the result, either a successful or unsuccessful conciliation. The conciliation minutes shall then be sent to the involved parties and archived at the commune-level People’s Committee concerned.
In case of successful conciliation which results in changes in the boundaries or land users, the commune-level People’s Committee shall send the conciliation minutes to the district-level Division of Natural Resources and Environment, for land disputes among households, individuals and communities, or to the provincial Department of Natural Resources and Environment, for other land disputes.
The district-level Division of Natural Resources and Environment or the provincial Department of Natural Resources and Environment shall submit the case to the People’s Committee of the same level for decision on recognizing the change in boundaries or renewing the certificate of land use rights, houses and other land-related assets ownership.
In case of unsuccessful conciliation or of successful conciliation but at least one party changes its opinion on the conciliation result, the commune-level People’s Committee shall make a minutes of unsuccessful conciliation and guide the disputing parties to file a petition with a competent agency to further settle the dispute.
Handling time – limit within 45 days after receiving a written request for settlement of a land dispute at the commune-level People’s Committee
In the above content, DAP law instructed customers about “Conciliation proceedings of land disputes at the grassroots level”. In order to receive more information and consulting for specific cases, direct contact to our, please.
- Land law 2013
- Decree no 43/2014/ND-CP, decree detailing a number of article of the land law
II. Contents
Upon receiving a written request for settlement of a land dispute, a provincial-level People’s Committee shall:
- Verify and learn about the cause of the dispute, collect relevant documents about the land origin, land use process and current land use status from the parties;
- Form a council for conciliation of land disputes. This council shall be composed of the chairperson or a deputy chairperson of the People’s Committee as its head; a representative of the Fatherland Front Committee of the commune, ward or township; the head of the street quarter, for urban areas; the head of the village, for rural areas; a representative of households that have lived for a long time in the commune, ward or township and know well about the origin and use process of the disputed land parcel; and the cadastral and justice officers of the commune, ward or township. On a case-by-case basis, representatives of the Farmers’ Association, Women’s Union, Veterans’ Association and Ho Chi Minh Communist Youth Union may be invited;
- Organize a conciliation meeting with the participation of the disputing parties, members of the council for conciliation of land disputes and persons with related interests and obligations.
The conciliation may take place only when all the disputing parties are present. If any of the disputing parties is absent for the second time, the conciliation shall be regarded as unsuccessful. The conciliation process must be made in a written record with signatures of all parties and certified by the commune-level People’s Committee on the result, either a successful or unsuccessful conciliation. The conciliation minutes shall then be sent to the involved parties and archived at the commune-level People’s Committee concerned.
In case of successful conciliation which results in changes in the boundaries or land users, the commune-level People’s Committee shall send the conciliation minutes to the district-level Division of Natural Resources and Environment, for land disputes among households, individuals and communities, or to the provincial Department of Natural Resources and Environment, for other land disputes.
The district-level Division of Natural Resources and Environment or the provincial Department of Natural Resources and Environment shall submit the case to the People’s Committee of the same level for decision on recognizing the change in boundaries or renewing the certificate of land use rights, houses and other land-related assets ownership.
In case of unsuccessful conciliation or of successful conciliation but at least one party changes its opinion on the conciliation result, the commune-level People’s Committee shall make a minutes of unsuccessful conciliation and guide the disputing parties to file a petition with a competent agency to further settle the dispute.
Handling time – limit within 45 days after receiving a written request for settlement of a land dispute at the commune-level People’s Committee
In the above content, DAP law instructed customers about “Conciliation proceedings of land disputes at the grassroots level”. In order to receive more information and consulting for specific cases, direct contact to our, please.
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