MEDIATION PROCEDURES IN THE RESOLUTION OF LAND DISPUTES

1. The State encourages parties involved in land disputes to resolve disputes through self-mediation or mediation at the grassroots level.

2. Where land disputes cannot be resolved through self-mediation, the disputing parties shall submit a petition to the commune-level People’s Committee where the disputed land is located for mediation.

3. The Chairperson of the commune-level People’s Committee is responsible for organizing the mediation of land disputes within its locality; during the mediation process, coordination must be made with the Vietnam Fatherland Front at the commune level and its member organizations, as well as other social organizations. The mediation procedure at the commune-level People’s Committee shall be conducted within a period not exceeding 45 days from the date of receipt of the request for dispute resolution.

4. The mediation result must be recorded in written minutes signed by the disputing parties and certified by the commune-level People’s Committee as either successful or unsuccessful mediation. The mediation minutes shall be sent to the disputing parties and archived at the commune-level People’s Committee where the disputed land is located.

5. In cases where mediation is successful and results in changes to land boundaries or land users, the commune-level People’s Committee shall forward the mediation minutes to the Department of Natural Resources and Environment for disputes among households, individuals, or residential communities; or to the provincial Department of Natural Resources and Environment for other cases.

The Department of Natural Resources and Environment shall submit the dossier to the People’s Committee of the same level for a decision recognizing the changes in land boundaries and issuing new Certificates of Land Use Rights, ownership of houses, and other land-attached assets.”

Accordingly, when a land dispute arises, the State encourages the parties to resolve it through self-mediation or grassroots mediation.

If mediation fails, mandatory mediation at the commune-level People’s Committee where the land is located is required before filing a lawsuit or requesting dispute resolution by district- or provincial-level People’s Committees.

Thus, land disputes must undergo mandatory mediation at the commune-level People’s Committee prior to court proceedings. If mediation is not conducted and a lawsuit is filed directly with the court, the court will refuse to accept the case due to failure to meet the litigation prerequisites.

II. Land Disputes Subject to Mandatory Mediation

Clause 2, Article 3 of Resolution No. 04/2017/NQ-HĐTP provides:

“For disputes concerning the determination of who holds land use rights that have not been mediated at the commune, ward, or township-level People’s Committee where the disputed land is located, as prescribed in Article 202 of the 2013 Land Law, such disputes shall be deemed as failing to meet the conditions for filing a lawsuit under 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 involving land use rights, inheritance disputes over land use rights, disputes over division of common marital property being land use rights, etc., mediation at the commune-level People’s Committee is not a mandatory condition for initiating a lawsuit.”

Accordingly, inheritance disputes related to land use rights are not subject to mandatory mediation at the commune-level People’s Committee, as they are not considered land disputes under this provision.

Therefore, in cases of land inheritance disputes, the disputing parties may directly file a lawsuit with the competent People’s Court in accordance with the law.

III. Competent Authorities for Resolving Land Disputes

The jurisdiction over land dispute resolution is stipulated in Article 203 of the 2013 Land Law, as follows:

“Article 203. Jurisdiction over Land Dispute Resolution 

Land disputes that have been mediated unsuccessfully at the commune-level People’s Committee shall be resolved as follows:

1. Land disputes where the disputing party holds a Certificate of Land Use Rights or one of the documents specified in Article 100 of this Law, and disputes over assets attached to land, shall fall under the jurisdiction of the People’s Court.

2. Land disputes where the disputing party does not hold a Certificate of Land Use Rights or any of the documents specified in Article 100 of this Law may choose one of the following dispute resolution methods:

a) Submitting a request for dispute resolution to the competent People’s Committee as prescribed in Clause 3 of this Article;

b) Filing a lawsuit with the competent People’s Court in accordance with civil procedure law.

3. If the disputing party chooses resolution by the competent People’s Committee, the dispute shall be resolved as follows:

a) For disputes between households, individuals, or residential communities, the Chairperson of the district-level People’s Committee shall resolve the dispute. If the parties disagree with the decision, they may file a complaint with the Chairperson of the provincial-level People’s Committee or initiate an administrative lawsuit before the People’s Court;

b) For disputes involving organizations, religious institutions, overseas Vietnamese, or foreign-invested enterprises, the Chairperson of the provincial-level People’s Committee shall resolve the dispute. If the parties disagree with the decision, they may file a complaint with the Minister of Natural Resources and Environment or initiate an administrative lawsuit before the People’s Court.

4. The competent authority specified in Clause 3 of this Article must issue a dispute resolution decision. Such decision shall be legally enforceable and must be strictly complied with by the disputing parties. In case of non-compliance, enforcement measures shall be applied.”

CELIGAL’s Land Dispute Resolution Legal Services

CELIGAL provides legal consulting and dispute resolution services in the following areas:

• Land inheritance disputes involving land use rights, houses, and land-attached assets;

• Disputes over contracts for transfer of land use rights and land-attached assets;

• Disputes over contracts for exchange of land use rights and land-attached assets;

• Disputes over contracts for donation of land use rights and land-attached assets;

• Disputes over mortgage contracts involving land use rights and land-attached assets;

• Disputes over contracts for sale, exchange, donation, or mortgage of residential houses built on land;

• Disputes over land and housing boundaries;

• Disputes over division of common property being land and housing;

• Disputes related to compensation and resettlement when land is recovered by the State and land-attached assets exist;

• Disputes over capital contribution using land use rights and land-attached assets.