Land plays an important role in people’s lives, it has a key meaning, contributing to building the economic, political, social life and security and defense of each country. With the development of society, administrative disputes over land become more and more complicated and troublesome, when the state has not yet taken appropriate measures for the planning and management of land. The current administrative cases on land are tending to increase both in number, with high complexity, overlapping, and profound negative effects on all aspects of social life. So about the matter “Law on administrative proceedings for land disputes in Vietnam” Let’s find out with LSX in the article below.
Legal grounds
- Land Law 2013
The relationship between Administrative Procedure Law and Land Law
Currently, in the Vietnamese legal system, the Land Law is a specific branch of law with a fairly wide scope of regulation as it regulates the relationship between the State and the land users, the relations related to land – is the object of the State’s ownership, use and protection rights, relations aimed at ensuring the right, rational and highly effective use of land. It is clearly stated in Article 1 of the 2013 Land Law:
“Article 1. Scope
This Law stipulates the land ownership regime, the powers and responsibilities of the State to represent the all-people owner of land and to uniformly manage land, the regime of land management and use, the right to and obligations of land users towards land in the territory of the Socialist Republic of Vietnam.”
Accordingly, the Administrative Law also has a close relationship with the Land Law. Specifically, in the land law relationship, the State is both the sole owner of land and the exerciser of state power. Land relations only appear, change or terminate when there is a decision of the state administrative agency.
In essence, the Law on Administrative Procedures only applies regulations on procedures and ways of resolving an administrative dispute, but does not prescribe criteria for assessing whether an administrative decision or administrative act is lawful or not. are not. Thus, it can be understood that the Administrative Law is a means of implementing the Land Law because:
Administrative agencies supervise land users in order to ensure proper use, economic efficiency, preservation of the fertility of arable land, etc. In the cases prescribed by law, the State has the right to unilaterally recover land, administratively sanction users who violate the provisions of the Land Law. At that time, the user in the Land Law relationship is the executor of state power. The principle and scope of regulation of the Land Law already includes the State as the administrative agency, which has since arisen administrative relations governed by the Law on Administrative Procedures.
Similarly, the Administrative Law is also closely related to the law on forests, mineral resources,….
General provisions on the Law on administrative proceedings with land
As analyzed above, the Law on Administrative Procedures will only use procedures to operate, adjust, and monitor land users to ensure proper use. Therefore, the 2013 Land Law clearly and specifically stipulates the procedures of the Administrative Procedure Law in Articles 195 and 196 as follows:
“Article 195. Administrative procedures for land
1. Land administrative procedures include:
a) Procedures for land recovery, land allocation, land lease, change of land use purpose;
b) Procedures for registration of land and land-attached assets, and grant of certificates of land use rights and ownership of houses and other land-attached assets;
c) Procedures for the renewal, re-issuance, correction and revocation of Certificates, Certificates of house ownership, Certificates of ownership of construction works;
d) Procedures for exercising the rights of land users;
dd) Procedures for coercive implementation of the decision on compulsory inventory, and enforcement of the decision on land recovery;
e) Procedures for conciliation of land disputes, procedures for settlement of land disputes at administrative agencies;
g) Procedures for sanctioning administrative violations in the field of land.
2. The Government shall detail this Article.
Article 196. Publicization of administrative procedures for land
1. Contents of publicizing land administrative procedures include:
a) Competent agencies receive dossiers and return results;
b) Processing time for each administrative procedure;
c) Components of the dossier for each administrative procedure;
d) Process and responsibility for handling each type of administrative procedure;
dd) Financial obligations, fees and charges payable for each administrative procedure.
2. The publicity of the contents specified in Clause 1 of this Article shall be made in the form of regular posting at the head office of the agency receiving the dossier and returning the results; posted on the website of the national database on administrative procedures, the website of the People’s Committee of the province and the People’s Committee of the district.”
Law on administrative proceedings for land disputes in Vietnam
Accordingly, in Articles 202 and 203 of the 2013 Land Law, the settlement of land disputes under the administrative procedure law must undergo the following procedures:
“Article 202. Land dispute conciliation
1. The State encourages the parties to a land dispute to conciliate themselves or settle the land dispute through grassroots conciliation.
2. For land disputes that the disputing parties cannot conciliate, they shall send an application to the commune-level People’s Committee of the locality where the disputed land is located for conciliation.
3. Commune-level People’s Committee presidents shall have to organize the conciliation of land disputes in their respective localities; in the course of implementation, must coordinate with the commune-level Vietnam Fatherland Front Committees, member organizations of the Front and other social organizations. Procedures for conciliation of land disputes at commune-level People’s Committees shall be carried out within 45 days from the date of receipt of a written request for settlement of land disputes.
4. The conciliation must be recorded in writing, signed by the parties and certified by the People’s Committee of the commune of the commune. The minutes of conciliation shall be sent to the disputing parties and kept at the commune-level People’s Committee of the locality where the disputed land is located.
5. In case of successful conciliation but there is a change in the status quo of boundaries and land users, the commune-level People’s Committees shall send the minutes of conciliation to the Division of Natural Resources and Environment in the case of land disputes. between households, individuals and communities; sent to the Department of Natural Resources and Environment for other cases.
The Division of Natural Resources and Environment, the Department of Natural Resources and Environment shall submit to the People’s Committee of the same level a decision to recognize the change of land plot boundaries and issue a new certificate of land use rights and ownership of houses and properties. other attached to the land.
Article 203. Competence to settle land disputes
Land disputes that have been unsuccessfully conciliated at the commune-level People’s Committees shall be settled as follows:
1. Land disputes in which the involved parties have certificates or one of the papers specified in Article 100 of this Law and disputes over property on land shall be settled by the People’s Courts;
2. In a land dispute where the involved party does not have a Certificate or one of the papers specified in Article 100 of this Law, the involved party may only choose one of two forms of land dispute settlement according to the provisions of this Law. the following provisions:
a) File a request for dispute settlement at the People’s Committee of the competent level as prescribed in Clause 3 of this Article;
b) File a lawsuit at a competent People’s Court in accordance with the law on civil procedures;
3. In case the involved parties choose to settle their dispute at the People’s Committee of a competent level, the land dispute shall be settled as follows:
a) In case of a dispute between households, individuals and communities, the chairperson of the district-level People’s Committee shall settle it; if they disagree with the settlement decision, they have the right to complain to the President of the provincial People’s Committee or initiate a lawsuit at the People’s Court in accordance with the law on administrative procedures;
b) In case of a dispute in which one of the disputing parties is an organization, religious establishment, overseas Vietnamese or foreign-invested enterprise, the President of the provincial People’s Committee shall settle it; if they disagree with the settlement decision, they have the right to complain to the Minister of Natural Resources and Environment or initiate a lawsuit at the People’s Court in accordance with the law on administrative procedures;
4. The person competent to settle land disputes specified in Clause 3 of this Article must issue a dispute settlement decision. An enforceable dispute settlement decision must be strictly observed by the disputing parties. In case the parties fail to comply, they will be forced to do so.”
Services of LSX
Prestigious professional services: Firstly, the team of consultants and consultants for many years in the field of civil status, and customer support.
On-time: Certainly, with the motto “Get your lawyer right at your fingertips”, we ensure the service always performs on time. The rights and interests of customers always come first.
Cost: Besides, LSX’s service costs are highly competitive; depending on the nature of the particular case. So, we want our guests to have the best possible service experience. Therefore, costs which guaranteed to be the most suitable and economical for customers.
Confidentiality of client information: Finally, all brand information of client LSX will be 100% confidential.
Please contact us immediately if you have any questions about “Law on administrative proceedings for land disputes in Vietnam”
Contact LSX
Finally, hope this article is useful for you to answer the question about “Law on administrative proceedings for land disputes in Vietnam” If you need any further information, please contact LSX Law firm: at +84846175333 or Email: [email protected]
Please see more
- The issuance of a land use right certificate in Vietnam is refused
- Regulation on resettlement land area in Vietnam
- Agricultural land use regime according to Vietnam land law
Frequently asked questions
This is a stage of the proceedings, conducted before the opening of the trial court. Article 20 of the Law on Administrative Procedures stipulates: The Court is responsible for conducting dialogues and creating favorable conditions for the involved parties to have dialogues with each other about the settlement of the case in accordance with this Law. However, not in all cases the Court is responsible for conducting dialogue, because there are administrative cases that do not conduct dialogue when resolving, that is, cases where dialogue cannot be conducted. lawsuits about voter lists, cases to be tried according to summary procedures are specified in Articles 135, 198 and 246 of the Law on Administrative Procedures.
Firstly, overcome problems in the relationship between the Land Law and other relevant specialized legal documents such as the Civil Code, Investment Law, Enterprise Law, Housing Law, etc.
Secondly, in order for an independent judge to objectively and effectively adjudicate and resolve administrative cases, the authority to adjudicate administrative cases should be given to administrative decisions and administrative acts of state agencies. the provincial-level country to the superior People’s Court which is the High Court to ensure that the adjudication of administrative cases on land is fair and objective.
Third, specify the time limit for trial preparation for the cases specified in Clause 3, Article 116 of the Law on Administrative Procedures. The lack of regulation on the time limit for trial preparation of these cases leads to the application of the trial preparation time inconsistently. applying a period of 2 months to shorten the trial preparation time when these decisions have taken more time to settle complaints to ensure the current time for settling administrative cases.
The court accepts the case on the day the petitioner presents the court fee advance payment receipt. If the case is exempted from paying the court fee advance, the date of acceptance of the case is the date the judge notifies the plaintiff of the acceptance of the case.
Within 03 working days from the date of receipt of the petition, the chief judge of the Court shall assign a judge to consider the petition. Within 03 working days from the date of assignment, the judge must consider the lawsuit petition and make one of the following decisions: request for amendment and supplementation of the lawsuit petition; carry out the procedures for accepting the case according to the normal procedure or according to the summary procedure if the case fully meets the prescribed conditions; transfer the lawsuit petition to a competent court and notify the petitioner if the case falls under the jurisdiction of another court; return the lawsuit petition to the plaintiff if it falls into one of the cases specified in Clause 1, Article 123 of the Law on Administrative Procedures. The results of the judge’s application processing must be notified to the petitioner, recorded in the application receipt book and announced on the court’s web portal (if any).
Conclusion: So the above is Law on administrative proceedings for land disputes in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
