1. Can land dispute conciliation at the commune-level People's Committee be carried out in the absence of one party?

The content is excerpted from Article 1 of Decree 43/2014/ND-CP, which has been amended by Article 1 of Decree 148/2020/ND-CP, mentioning regulations on land dispute conciliation procedures in Vietnam. commune level in Vietnam. Below is a detailed analysis of this content:

This content regulates land dispute conciliation procedures at the commune level, to resolve disputes related to land use between parties. Procedures for conciliation of land disputes:

- Verification and verification: The Commune People's Committee is responsible for verifying and collecting information related to the causes of disputes, papers and documents on land, land use process and current status of use. land.

- Conciliation Council: The Land Dispute Conciliation Council is established with members including the Chairman or Vice Chairman of the People's Committee as the Chairman of the Council and a series of different representatives, including representatives of the People's Committee. Fatherland Front agencies, residential groups (in urban areas), village heads (in rural areas), prestigious people in the family, people with legal knowledge, and many other representatives.

- Conciliation meeting: The conciliation meeting takes place with the participation of all disputing parties, members of the Conciliation Council, and those related to rights and obligations.

The land dispute conciliation process at the Commune People's Committee sets an important rule: all disputing parties must participate. If one of the parties is not present at the initial conciliation meeting, the conciliation process is still expected to continue. However, if this party continues to be absent when the conciliation meeting is held a second time, the conciliation is considered unsuccessful.

In other words, to conduct land dispute conciliation at the Commune People's Committee, all disputing parties must participate and participate continuously in this process. If a party is absent twice, the mediation process will stop, and the mediation cannot be completed. This ensures the fairness and effectiveness of the conciliation process and requires the compliance and presence of all disputing parties to find a mutually satisfactory solution.

2. When conciliation fails at the commune, is it still necessary to resolve the dispute at the district People's Committee?

Content extracted from Clause 4, Article 88 and Clause 1, Article 89 of Decree 43/2014/ND-CP and regulations related to procedures for resolving land disputes at commune, district and provincial levels. Below is a detailed analysis of this content:

According to Clause 4, Article 88 of Decree 43/2014/ND-CP (Procedures for conciliation of land disputes at commune-level People's Committees):

- This clause refers to the conciliation of land disputes at the commune-level People's Committee. If during the conciliation process, the parties reach an agreement and there is a change in the current status of land use, land boundaries or land users, the Commune People's Committee must make a minutes of conciliation and send it to the competent authority for implementation according to the provisions of Clause 5, Article 202 of the Land Law 2013. This ensures that changes related to land are carried out according to the correct procedures and laws.

- In case conciliation fails or at least one of the disputing parties changes their opinion about the conciliation result after the conciliation process, the Commune People's Committee must make a record of unsuccessful conciliation and guide the parties. In case of dispute, send an application to the competent authority to continue resolving the dispute. This ensures that the land dispute resolution process is maintained and disputing parties are provided with guidance on next steps.

According to Clause 1, Article 89 of Decree 43/2014/ND-CP (Procedures for resolving land disputes at district and provincial People's Committees):

- This Clause determines procedures for resolving land disputes at district and provincial People's Committees. A person requesting to resolve a land dispute must submit an application to the People's Committee at the competent level. This stipulates that at the district and provincial levels, applications for land dispute resolution must be submitted to the district or provincial People's Committee.

These legal provisions ensure that the land dispute resolution process is carried out in accordance with legal processes and regulations at local government levels and that disputing parties are redirected to the appropriate competent authority. suitable for further resolution when conciliation fails.

In short, in case the conciliation process at the Commune People's Committee fails to reach an agreement between the disputing parties on the land issue, the Commune People's Committee will guide the parties on the next steps. Specifically, they will be required to submit a dispute resolution request to the competent authority to continue the dispute resolution process. At this stage, the competent authority to resolve the dispute may be the district-level People's Committee, as stipulated in Article 89 of Decree 43/2014/ND-CP. This agency will continue to consider and resolve land disputes according to its procedures and authority.

However, if the disputing parties are not satisfied with the results from the district People's Committee, they can also choose to file a petition with the competent Court to continue resolving the dispute. The court will carry out a judicial process to evaluate and resolve land disputes based on legal regulations and judicial processes. This ensures that the land dispute resolution process is carried out according to the legal process and at the competent authorities, depending on the consent and choice of the disputing parties.

3. Necessary documents when resolving land disputes at the District People's Committee

Clause 3, Article 89 of Decree 43/2014/ND-CP regulates procedures for resolving land disputes under the jurisdiction of the Chairman of the District or Provincial People's Committee in Vietnam. Below is a detailed analysis of this content:

Authority of the Chairman of the District and Provincial People's Committees:

This Clause determines that the land dispute resolution process at district and provincial levels falls under the authority of the Chairman of the District or Provincial People's Committee. This demonstrates the importance of this and the approach to dispute resolution at higher levels of management.

Duties of the advisory agency:

The designated advisory agency is responsible for examining and verifying the case, and organizing mediation between the disputing parties. This agency is also responsible for organizing meetings with relevant departments and branches to advise on land dispute resolution, if necessary. This ensures that the dispute resolution process is carried out with the participation of experts and advisory bodies that can provide reliable information and assessments.

Records of land dispute resolution:

Land dispute resolution documents must include many important documents and information, including:

- Application for land dispute resolution: This is the main request from the filing party, describing the dispute and the need for resolution.

- Minutes of conciliation at the Commune People's Committee: This is a record of conciliation meetings at the commune level, including minutes of working with disputing parties, minutes of inspection of land status, Minutes of meetings of relevant departments and branches if conciliation fails, and minutes of conciliation during the dispute resolution process.

- Extract of maps, cadastral records and documents as evidence: This is a document related to the disputed land area and any evidence or documents related to dispute resolution.

- Proposal report and draft dispute resolution decision or draft decision recognizing successful conciliation: This is the main decision on how to resolve land disputes.