The Land Law 2024, which has came into effect on August 1, 2024, builds upon the 2013 Land Law and introduces significant changes in the field of land litigation. These amendments aim to resolve land disputes and violations more effectively. Below are the key updates:
1. Regulations on “Land Dispute Mediation” under Article 235
Under Clause 1, Article 235 of the 2024 Land Law: “The State encourages disputing parties to mediate disputes themselves, resolve disputes at the grassroots level as per laws on grassroots mediation, commercial mediation, or other mechanisms prescribed by law.” This provision adds the option of mediation under commercial mediation laws or other legally defined mechanisms.
Clause 2, Article 235 stipulates that all land disputes must undergo mediation at the commune-level People’s Committee (PPC). The mediation process is as follows:
- Disputing parties submit a request for mediation.
- The Chairperson of the commune-level PPC establishes a Land Dispute Mediation Council to handle the case.
The mediation process at the commune-level PPC is now limited to a maximum of 30 days from the receipt of the mediation request (reduced from 45 days under the 2013 Land Law).
Furthermore, under Point d, Clause 2 of Article 235, if the mediation succeeds and results in changes to boundaries, area, or land users, the involved parties must submit a written acknowledgment of the successful mediation to the competent state authority for registration and issuance of land use rights certificates within 30 working days.
2. Regulations on “Jurisdiction Over Land Dispute Resolution” under Article 236
The provisions regarding jurisdiction for resolving land disputes, as outlined in the 2024 Land Law, inherit the content of Article 203 of the 2013 Land Law. Disputes involving parties without land use right certificates or necessary documentation can be resolved by either the People’s Court or the People’s Committee.
A major update is the inclusion of jurisdiction for commercial arbitration. Under Clause 5, Article 236, disputes arising from commercial activities related to land may now be resolved either by the courts, as per civil procedure laws, or by Vietnamese commercial arbitration, as per laws on commercial arbitration. This broadens the options for dispute resolution, promoting flexibility, efficiency, and swift resolution.
3. Regulations on “Handling Complaints and Lawsuits on Land Management” under Article 237
The regulations on handling complaints and lawsuits regarding land management in the 2024 Land Law build upon Article 204 of the 2013 Land Law. Notably, Clause 3 of Article 237 introduces provisions on collecting, preserving, utilizing, and archiving records related to the resolution of complaints. These tasks must be conducted in accordance with laws on complaints.
4. Regulations on “Resolution of Accusations Regarding Land Management and Use” under Article 238
The 2024 Land Law updates the title of this section to specify its scope as addressing accusations about land management and use (formerly Article 205 of the 2013 Land Law). The revised title aligns logically with its detailed provisions.
Additionally, Clause 3, Article 238 adds guidance on collecting, preserving, utilizing, and archiving records and documents related to land management accusations. This ensures compliance with existing laws on accusations and resolves inconsistencies across different legal texts.
5. Regulations on “Handling Violations of Land Laws” under Article 239
Provisions on handling violations of land laws in the 2024 Land Law streamline and refine the content of Article 206 of the 2013 Land Law. Violators remain subject to penalties and compensation for damages, but the 2024 Law introduces disciplinary measures for civil servants and officials based on the severity of violations. This addition acknowledges the dual role of state representatives as land managers and administrators.
6. Regulations on “Violations in Land Management During Official Duties” under Article 240
The title of this section is revised from “Violations in the Field of Land Laws” (Article 207 of the 2013 Land Law) to “Violations in Land Management During Official Duties.” This change narrows its focus to violations by state officials. The 2024 Law also includes provisions on abuse of power, aligning with the 2015 Penal Code (amended in 2017) to ensure consistency and enforceability in criminal proceedings.
Specific violations, including improper land requisition, registration, or issuance of land use rights certificates, are now explicitly listed to enhance clarity and accountability.
Conclusion
The updates in the 2024 Land Law demonstrate the State’s commitment to improving the legal framework for land litigation. By reducing mediation timelines, expanding the role of commercial arbitration, and enhancing regulations on record management, the law promotes transparency, efficiency, and fairness in resolving land disputes.
These improvements not only address practical challenges but also reflect the State’s determination to ensure responsible and sustainable land management. The inclusion of disciplinary measures and detailed guidance on handling accusations underscores a comprehensive approach to upholding legal integrity and fostering socio-economic development.
Pham Thi Lan Anh
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