Decision to recognize conciliation as a land dispute

Decision to recognize conciliation as a land dispute is a document recording that the parties have agreed to resolve land conflicts. This document is not only a record of the results of the dialogue and negotiation process between the parties, but also a legal tool for the enforcement of land-related rights and obligations. Follow Long Phan’s following article to get complete information about this new regulation under the Land Law 2024, helping you grasp full information to protect your legitimate rights.

Regulations on conciliation of land disputes

Pursuant to Article 235 of the Land Law 2024, detailed regulations on conciliation of land disputes are provided. Accordingly, there are three main forms of mediation:

• First: Voluntary mediation, encouraged by the State. Voluntary conciliation can be done through self-conciliation between the parties or through a conciliator according to the Grassroots Conciliation Law.
• Mediation according to legal regulations on commercial mediation.
• Second: Mediation at the commune-level People’s Committee where the disputed land is located.
• Third: Mediate land disputes at Court.

Procedures for conciliation of land disputes

Mediation at the Court includes mediation before the Court accepts the land dispute case and after the Court accepts it.

Mediation at the Court before accepting the case

First, Mediation in Court before accepting the land dispute case.

Step 1: The Court notifies in writing the plaintiff and requester of their right to choose mediation, dialogue and selection of a Mediator.

Step 2: If the plaintiff agrees to mediation, a judge will be assigned to be in charge of mediation.

Step 3: Appoint a Mediator within 3 working days.

Step 4: Notify the conciliator, the plaintiff, the requester, the defendant, and those with related rights and obligations.

Step 4: Within 03 working days from the date of receiving the Court’s notice, the Mediator will conduct mediation and dialogue if the defendant agrees to mediation or dialogue or does not respond to the Court; The judge in charge of conciliation and dialogue appoints another Mediator if the defendant requests to change the Mediator.

Step 5: Make a record to record the results of mediation.

Step 6: Procedures for making a decision to recognize successful mediation or not to recognize successful mediation.

The mediator transfers the minutes and accompanying documents to the Court with jurisdiction to resolve land disputes to issue a decision recognizing the successful mediation results.

The time limit for preparing a decision to recognize successful conciliation or dialogue is 15 days from the date the Court receives the minutes and accompanying documents.

The judge must make one of the following decisions:

• In case there are enough conditions to recognize successful conciliation results in Court, the Judge will issue a decision to recognize successful conciliation.
• In case the conditions are not met, the Judge will issue a decision not to recognize the successful conciliation result and clearly state the reason.

The decision not to recognize or recognize successful mediation or dialogue shall be sent to the parties and the Procuracy at the same level within 03 working days from the date the Court issues the decision.

Mediation at the Court after accepting the case

Mediation of land disputes at Court after acceptance is carried out in accordance with the provisions of the Code of Civil Procedure Code 2015, specifically as follows:

Step 1: Notice of conciliation

Before conducting a conciliation session, the Judge must notify the litigant, the litigant’s legal representative, and the defender of the litigant’s legitimate rights and interests of the time and location of the meeting and the content of the session.

Step 2: Conduct mediation

• The judge informs the litigants about the provisions of law related to the resolution of the case so that the litigants can relate to their rights, obligations, and legal consequences of successful mediation;
• The plaintiff, the defender of their legitimate rights and interests, presents the content of the dispute and supplements the lawsuit request; grounds to defend the lawsuit request and propose opinions on issues requiring mediation and case resolution (if any);
• The defendant and the defender of their legitimate rights and interests present their opinions on the plaintiff’s request and counterclaim (if any); grounds to oppose the plaintiff’s request; grounds to defend your counterclaim and propose opinions on issues requiring mediation and case resolution (if any);
• People with related rights and obligations, defenders of their legitimate rights and interests, present their opinions regarding the requests of the plaintiff and defendant; present your independent request (if any); Grounds for opposing the claims of the plaintiff and defendant; grounds to protect their independence claim and propose opinions on issues needing conciliation and case resolution (if any);
• Other people participating in the conciliation session (if any) express their opinions.

Step 3: Make a record of the conciliation results

The judge determines the issues that the litigants have agreed upon and have not yet agreed upon and requires the litigants to make additional presentations on the unclear or inconsistent contents.

The judge concluded on the issues that the litigants agreed and did not agree on.

Then, make a record of the conciliation results, which may or may not be successful.

Step 4: Make a decision to recognize the agreement between the parties

At the end of the 7-day period from the date of making the record of successful conciliation, if none of the parties changes their opinion about the agreement, the Judge presiding over the conciliation session or a Judge assigned by the Chief Justice of the Court must issue a decision recognizing the agreement between the parties.

What to do when the decision to recognize conciliation turns into a land dispute if the decision to recognize conciliation is not implemented?

When a party does not voluntarily implement a decision recognizing successful mediation, the following steps may be taken:

• The party whose rights have been violated can submit a request for civil judgment enforcement to the competent judgment enforcement agency. The enforcement agency will review and issue a decision on mandatory enforcement.
• If a new dispute arises regarding implementation, the parties can request the Court to resolve it according to civil proceedings.

Consulting services on conciliation procedures, decisions to recognize conciliation as standard land disputes according to new regulations in 2024

In a context where land laws are regularly updated, mastering regulations on land dispute conciliation is extremely important. At Long Phan, we are proud to provide professional consulting services, helping customers resolve land disputes effectively and legally. Consulting services at Long Phan include:

• Legal advice on rights and obligations related to land.
• Assist in preparing records and documents for the conciliation process.
• Instructions on the order and procedures for land dispute conciliation
• Representing the parties in the mediation process.
• Drafting related documents.
• Consulting on the next steps after a decision to recognize conciliation as a land dispute.

The decision to recognize conciliation as a land dispute plays an important role in resolving land disputes. Understanding the process, procedures and legal consequences will help you protect your legal rights. For detailed advice on this issue, please contact Long Phan via hotline 0906735386. Long Phan believes that with professional support, customers can resolve disputes effectively, save time and costs, and have more powerful tools to protect their legitimate rights in the land sector.