Conciliation of land disputes: According to Article 202 of the Land Law 2013; Article 88 Decree 43/2014/ND-CP
The parties can mediate themselves first or can go through grassroots conciliation by submitting a request for land dispute mediation to the commune-level People's Committee where the disputed land is located. When receiving a request for conciliation, the People's Committee is responsible for performing the following tasks:
Step 1: Find out the cause of the dispute, collect relevant papers and documents provided by the parties about the origin of the land, the land use process and the current land use status;
Step 2: Set up a Land Dispute Mediation Council to conduct mediation
Step 3: 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.
Step 4:
After 10 days from the date of making the record of successful conciliation, if the disputing parties give their opinions in writing on contents different from those agreed in the minutes of successful conciliation: Chairman of the commune-level People's Committee reorganize the meeting of the Conciliation Council to consider and settle the additional comments and must make a record of successful or unsuccessful conciliation.
In case of successful conciliation with changes in the status quo of the boundary, the land user: The commune-level People's Committee shall send the minutes of conciliation to the Division of Natural Resources and Environment in case of land dispute between households, individuals and communities together; sent to the Department of Natural Resources and Environment for other cases.
Mediation failed
In case of unsuccessful conciliation: According to Article 203 of the Land Law 2013
In case the conciliation fails but the involved parties have a Certificate or have one of the papers specified in Article 100 of the Land Law 2013 and the dispute over property on land: file a lawsuit at the People's Court. district where the disputed land is to request settlement.
In case the conciliation fails but the dispute arises but the involved party does not have a Certificate or one of the papers specified in Article 100 of the Land Law 2013: the involved party can only choose one of two forms of dispute settlement. land according to the following provisions:
File a request for dispute settlement at the People's Committee of the competent level as prescribed in Clause 3, Article 203 of the 2013 Land Law;
File a lawsuit at the People's Court of the district where the disputed land is located.
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