Inspection, settlement of disputes and treatment of violations of land law in Vietnam

Vietnam Land law has regulations on inspection, settlement of disputes and treatment of violations of land law. Let’s find out this issue with Lawyer X through the following situation: “Dear Lawyer! I want to ask what is specialized land inspection? What are regulations on settlement of disputes and treatment of violations of land law in Vietnam? Thanks for answering me!”

Legal grounds

• 2013 Vietnam Land law

Regulations on specialized land inspection

– Specialized land inspection means inspection activities earned out by competent state agencies toward agencies, organizations and individuals regarding their observance of the land law and professional, technical and management regulations in the field of land.

The Ministry of Natural Resources and Environment shall direct and organize the implementation of specialized land inspection throughout the country.

Local land administration agencies shall organize specialized land inspections in localities.

– The specialized land inspection includes the following contents:

+ Inspection of the observance of the land law by People’s Committees at all levels;

+ Inspection of the observance of the land law by land users and other related organizations and individuals;

+ Inspection of the observance of professional and technical regulations in the field of land.

– Specialized land inspectors have the following tasks:

+ To inspect the observance of the land law by state agencies and land users in land management and use;

+ To detect, prevent and handle violations of the land law according to their competence or propose the settlement of violations to competent state agencies.

– The powers and obligations of leaders of inspection teams, inspectors, civil servants performing specialized land inspection, and the procedures for specialized land inspection comply with the inspection law.

Regulations on conciliation of land disputes

– The State shall encourage the disputing parties to conciliate themselves or have theừ land disputes settled through grassroots conciliation.

– In case the self-reconciliation fails, the parties may send a petition to the commune-level People’s Committee of the locality where the disputed land is located, for reconciliation.

– Commune-level People’s Committee chairpersons shall organize conciliation of land disputes in their localities. In the process of conciliation, they shall coordinate with the commune-level Vietnam Fatherland Front Committee and its member organizations and other social organizations. The conciliation procedures carried out at the commune-level People’s Committees shall be completed within 45 days from the date the commune-level People’s Committees receive a petition for settlement of land dispute.

– The conciliation process must be recorded in a written record with signatures of all parties and certified by the commune-level People’s Committee on the result, either a successful or unsuccessful conciliation. The conciliation minutes shall then be sent to the involved parties and archived at the commune-level People’s Committee concerned.

– In case of successful conciliation which results in changes in the boundaries or land users, the commune-level People’s Committee shall send the conciliation minutes to the district-level Division of Natural Resources and Environment, for land disputes among households, individuals and communities, or to the provincial-level Department of Natural Resources and Environment, for other land disputes.

The district-level Division of Natural Resources and Environment or the provincial-level Department of Natural Resources and Environment shall submit the case to the People’s Committee of the same level for decision on recognizing the change in boundaries or renewing the certificate of land use rights, houses and other land-related assets ownership.

If the conciliation at a commune-level People’s Committee fails, a land dispute shall be settled as follows:

– The land dispute in which the concerned party possesses a certificate or any of the papers prescribed in Article 100 of Land law and the dispute over land-attached assets shall be settled by the People’s Court;

– For the land dispute in which the concerned party does not possess a certificate or any of the papers prescribed in Article 100 of Land law, the parties may choose between the following two options of settlement:

+ Filing a written request for dispute settlement with a competent People’s Committee as prescribed in Clause 3 of this Article;

+ Filing a lawsuit with a competent People’s Court in accordance with the law on civil procedures;

– In case the concerned parties choose the option of settlement at a competent People’s Committee, the settlement is as follows:

+ In case the dispute occurs among households, individuals and communities, the chairperson of the district-level People Committee is responsible for the settlement. If the concerned parties disagree with the settlement decision, they are entitled to lodge a complaint with the chairperson of the provincial-level People’s Committee or to file a lawsuit at a People’s Court in accordance with the law on administrative procedures;

+ In case the dispute involves one party being an organization, a religious institution, an overseas Vietnamese or a foreign-invested enterprise, the chairperson of the provincial-level People’s Committee is responsible for the settlement. If the concerned parties disagree with the settlement decision, they are entitled to lodge a complaint with the Minister of Natural Resources and Environment or to file a lawsuit with a People’s Court in accordance with the law on administrative procedures;

– The person having competence to settle the land dispute as prescribed in Clause 3 of this Article shall issue a settlement decision. The legally effective decision on dispute settlement must be strictly abided by the concerned parties. If the parties fail to comply, the decision shall be enforced.

Settlement of complaints and lawsuits related to land

– Land users and people who have land use-related rights and obligations are entitled to lodge complaints about, or file lawsuits against, administrative decisions or administrative acts in land management.

– The order and procedures for settling complaints about administrative decisions or administrative acts related to land comply with the law on complaints. The order and procedures for settling lawsuits against administrative decisions or administrative acts related to land comply with the law on administrative procedures.

Settlement of denunciations about land

– Individuals are entitled to denounce violations of the law on land management and use.

– The settlement of denunciations about violations of the law on land management and use shall comply with the law on denunciations.

Handling of violators of land law

– Violators of the land law shall, depending on the nature and seriousness of their violations, be administratively sanctioned or examined for penal liability in accordance with law.

– Those who commit violations of the land law which cause damage to the State or other people, shall be handled in accordance with law and pay compensation for the actual damage caused to the State or to other people.

Handling of persons who commit violations of land law while on duty in the field of land

– Those who commit violations of the land law while on duty shall, depending on the nature and seriousness of their violations, be disciplined or examined for penal liability in accordance with law for the following violations:

+ Abusing positions and powers to commit illegal acts in land allocation, land lease, change of land use purpose, land expropriation, compensation, support, resettlement, transfer of land use rights, implementation of land use master plans and plans, determination of financial obligations related to land, management of cadastral records, or issuance of administrative decisions in land management;

+ Lacking responsibility in management which lets violations of land law occur, or committing other acts which cause damage to land resources or the rights and obligations of land users;

+ Violating regulations on consultation, publicization and publicity of information; violating regulations on administrative order and procedures; violating reporting regulations in land management.

– The Government shall detail this Article.

Responsibilities of chairpersons of People’s Committees at all levels in detecting, preventing and handling violations of law on land management and use

– Chairpersons of the People’s Committees at all levels shall detect, prevent and promptly handle violations of the law on land management and use in localities.

– Chairpersons of commune-level People’s Committees shall detect, prevent and promptly handle the illegal transfer of land use rights and change of land use purpose; detect, prevent and promptly handle the construction of facilities on encroached land, occupied land or the land used for improper purposes in their localities, and force the violators to restore the land to the conditions as before the violation was committed.

Receipt and handling of responsibility of heads, civil servants or public employees working at land administration agencies at all levels and commune-level cadastral civil servants who violate the order of carrying out administrative procedures

– Organizations or individuals that detect civil servants or public employees of the land administration agencies at all levels or commune-level cadastral civil servants violating regulations on the order and procedures and terms for land allocation, land lease, permission for change of land use purpose, land expropriation, performance of procedures for exercising the rights of land users, or grant of the certificate, may send a petition to the following competent persons:

+ For violations committed by commune-level cadastral civil servants, the petition shall be sent to the chairperson of the commune-level People’s Committee;

+ For violations committed by civil servants or public employees working at a land administration agency, the petition shall be sent to the director of the land administration agency concerned;

+ For violations committed by the director of a land administration agency, the petition shall be sent to the chairperson of the People’s Committee of the same level.

– Within 30 days after receiving a petition, the chairperson of the People’s Committee or the head of the land administration agency prescribed in Clause 1 of this Article shall consider and settle the petition and notify the result to the petitioner.

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