Land Dispute Mediation in Chau Loc, Quy Hop District, Nghe An Province
Land Dispute Mediation Procedures (Article 105)
Upon receiving a request for land dispute mediation, the People’s Committee at the communal level is responsible for carrying out the following tasks:
+ Within three working days from the date of receipt of the request, the People’s Committee must notify in writing the disputing parties and the Land Registration Office or its branch office where the disputed land is located about the acceptance of the mediation request. If the request is not accepted, a written notification must be provided, stating the reasons.
+ Examine and verify the causes of the dispute, collect relevant documents and materials provided by the parties involved regarding the land’s origin, usage, and current status.
+ Form a Land Dispute Mediation Council as specified in point b, clause 2, Article 235 of the Land Law. Depending on the specific case, the council may invite representatives from the community as mentioned in clause 3, Article 6 of the Land Law; individuals with influence in their lineage or workplace; individuals with legal expertise and social knowledge; village elders, religious leaders, individuals familiar with the case, commune-level judicial officials, and representatives from the Farmers’ Union, Women’s Union, Veterans Association, or the Ho Chi Minh Communist Youth Union to participate in the Land Dispute Mediation Council.
+ Organize a mediation meeting with the participation of the disputing parties, members of the Land Dispute Mediation Council, and individuals or organizations with relevant interests and obligations.
Mediation can only proceed when all disputing parties are present. If one of the parties is absent for the second time, it is considered an unsuccessful mediation.
The outcome of the land dispute mediation must be documented in a report.
Parties signing the agreement minutes
The outcome of the land dispute mediation must be recorded in a report, including the following details: time and location of the mediation, attendees, a summary of the dispute outlining the origin, time of use, and cause of the disputed land based on verification, opinions of the Land Dispute Mediation Council, and points agreed upon or disagreed upon by the disputing parties.
The report must be signed by the council’s chairman and the disputing parties. If the report consists of multiple pages, each page must be signed, stamped with the communal People’s Committee’s seal, and immediately sent to the disputing parties, with a copy kept at the communal People’s Committee.
Within ten days from the date of the successful mediation report, if any party submits a written opinion differing from the agreed-upon content in the report, the chairman of the communal People’s Committee shall reconvene the council to consider and resolve the additional opinion and prepare a report on the successful or unsuccessful mediation.
In cases where mediation fails, the communal People’s Committee shall guide the disputing parties to submit their requests to the competent authority for the next level of dispute resolution.
The funding for land dispute mediation activities shall be implemented according to the regulations of the law on the state budget.
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