Can conciliation of land disputes at commune-level People’s Committees be conducted in the absence of one disputing party in Vietnam?

Can conciliation of land disputes at commune-level People’s Committees be conducted in the absence of one disputing party in Vietnam?

Pursuant to Clause 1, Article 88 of Decree 43/2014/ND-CP as amended by Article 1 of Decree 148/2020/ND-CP stipulating procedures for conciliation of land disputes as follows:

1. Upon receiving a written request for settlement of a land dispute, a provincial-level People’s Committee shall:

a/ 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;

b) Establish the conciliation committee to settle land disputes. This committee shall be composed of the chairperson or the deputy chairperson of the People’s Committee as the committee’s head; the representative of the Fatherland Front Committee of commune, ward or township; the head of residential quarter in urban areas; the head of village or hamlet in rural areas; the prestigious figure in a kinship, at a residential community or workplace; the person having expertise in laws and social knowledge; the village patriarch/matriarch, the religion dignitary or the person thoroughly grasping the case or matter; the representative of households living for a long time at communes, wards, townships that know well about the origin and process of use of the land plot; the cadastral officer or judicial officer at commune, ward or township. In specific situations, representatives of the Farmers’ Association, Women’s Union, Veterans’ Association and Ho Chi Minh Communist Youth Union may be invited;

c/ 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.

Thus, the conciliation of land disputes at the commune-level People's Committees can take place only when all the disputing parties are present. In case any of the disputing parties is absent for the second time, the conciliation is considered unsuccessful. Therefore, in the absence of one party, the conciliation will not be conducted.

In case of unsuccessful conciliation of land disputes in the commune, can I file a settlement of land disputes at the district-level People’s Committees in Vietnam?

According to Clause 4, Article 88 of Decree 43/2014/ND-CP stipulates as follows:

4. In case of successful conciliation resulting in a change in the current land use boundaries or land user, the commune-level People’s Committee shall send the minutes of successful conciliation to a competent agency for settlement under Clause 5, Article 202 of the Land Law.

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.

In Clause 1, Article 89 of Decree No. 43/2014/ND-CP stipulating procedures for settlement of land disputes falling under the competence of chairpersons of district- or provincial-level People’s Committees are as follows:

1. A petition for settlement of land disputes shall be filed with the competent-level People’s Committee.

According to this Article, in case of unsuccessful conciliation of a land dispute at the competent-level People’s Committee, the competent-level People’s Committee shall guide the disputing parties to file a petition with a competent agency to further settle the dispute. Here, the competent authority can be the district-level People’s Committee according to Article 89 of Decree 43/2014/ND-CP or a competent court.

What does dossier of settlement of a land dispute in Vietnam comprise?

In Clause 3, Article 89 of Decree No. 43/2014/ND-CP stipulates as follows:

3. The advisory agency shall verify the case, organize conciliation among the disputing parties, hold a meeting among related departments and sectors to advise on the settlement of the land dispute (if necessary), and complete the dossier of the case and submit it to the People’s Committee of the same level for the latter to issue a decision on settlement of the land dispute. A dossier of settlement of a land dispute must comprise:

a/ The petition for settlement of land dispute;

b/ The minutes of conciliation at the commune-level People’s Committee; minutes of working with the disputing parties and related persons; minutes of the field inspection of the disputed land; minutes of the meeting with related departments and sectors to advise on the settlement of the land dispute, in case of unsuccessful conciliation; and minutes of conciliation during the settlement of the dispute;

c/ Extracts from the cadastral maps and records made in different periods related to the area of the disputed land and documents as evidence and proof in the process of dispute settlement;

d/ The proposal report and draft decision on settlement of the dispute or draft decision on recognition of successful conciliation.

Thus, the dossier of settlement of a land dispute includes the above-said documents in Vietnam.

Best Regards!