Individuals who have grounds to believe that administrative decisions or administrative acts of state administrative agencies or competent persons in administrative agencies are illegal, infringing upon their legitimate rights and interests. in the settlement of land disputes and compensation for land-related damage, they have the right to complain to request competent agencies, organizations and individuals to reconsider such decisions. So about the matter “Sequence of settling land claims in Vietnam” Let’s find out with LSX in the article below.
Legal grounds
- Land Law 2013
- Law on Complaints 2011
Order of complaints about land according to regulations
According to the provisions of Article 204 of the 2013 Land Law, land users and people with rights and obligations related to land use have the right to complain or initiate lawsuits against administrative decisions or administrative acts on land management band.
The order of complaints about land is made on the basis of Article 7 of the Law on Complaints 2011 as follows:
– When there are grounds to believe that an administrative decision or administrative act is illegal and directly infringes upon his/her lawful rights and interests, the complainant shall make a first-time complaint to the person who issued the administrative decision. or an agency whose person has an administrative act or initiates an administrative lawsuit at a court in accordance with the Law on Administrative Procedures.
• In case the complainant disagrees with the settlement decision for the first time or the complaint is not settled beyond the prescribed time limit, he has the right to make a second complaint to the immediate superior of the person competent to settle the complaint. make the first complaint or initiate an administrative lawsuit at the Court in accordance with the Law on Administrative Procedures.
• In case the complainant disagrees with the second-time complaint settlement decision or the time limit expires but the complaint has not been settled, he/she has the right to initiate an administrative lawsuit at the Court in accordance with the Law on Procedures. administrative.
– For administrative decisions or administrative acts of ministers, heads of ministerial-level agencies, heads of government-attached agencies (hereinafter referred to as ministers), the complainant shall complain to the minister or initiate to sue administrative cases at the Court in accordance with the Law on Administrative Procedures.
• In case the complainant disagrees with the Minister’s decision on complaint settlement or the complaint is not settled beyond the prescribed time limit, he/she has the right to initiate an administrative lawsuit at the Court in accordance with the Law on Prosecution administrative litigation.
– For administrative decisions or administrative acts of the President of the People’s Committee of the province or centrally run city (hereinafter referred to as the provincial level), the complainant shall make a first-time complaint to the President of the People’s Committee of the province or city under central authority of provincial-level people or initiate an administrative lawsuit at the Court in accordance with the Law on Administrative Procedures.
• In case the complainant disagrees with the first-time complaint settlement decision of the Chairman of the provincial People’s Committee or the time limit for complaint has not been resolved, he/she has the right to make a second complaint to the Minister, manage the industry or field or initiate an administrative lawsuit at the Court in accordance with the Law on Administrative Procedures.
• In case the complainant disagrees with the Minister’s second-time settlement decision or the complaint has not been settled by the prescribed time limit, he/she has the right to initiate an administrative lawsuit at the Court in accordance with the Law on Prosecution administrative litigation.
The statute of limitations for filing a complaint is 90 days from the date of receipt of the administrative decision or knowledge of the administrative decision or administrative act.
In case the complainant is unable to exercise the right to lodge a complaint according to the statute of limitations due to illness, natural disaster, enemy sabotage, business trip, study in remote places or other objective obstacles, such obstacle will be timed. does not count towards the statute of limitations for complaints
Sequence of settling land claims in Vietnam
Pursuant to the provisions of Clause 2, Article 204 of the 2013 Land Law:
– The order and procedures for settling complaints about administrative decisions and administrative acts on land comply with the law on complaints.
– The order and procedures for settlement of complaints about administrative decisions and administrative acts on land shall comply with the provisions of the law on administrative procedures.
– The complaint and settlement of complaints about land use levy shall comply with the provisions of the Law on Complaints and its guiding documents.
The order of settlement of complaints about land shall comply with the provisions of the Law on Complaints 2011 specifically as follows:
Complaint handling
Within 10 days from the date of receipt of a complaint within its competence that is not in one of the cases where the complaint settlement is refused as prescribed, the person competent to settle the first or second complaint must accept settlement reason; notify in writing the complainant, the competent agency, organization or individual that the complaint is forwarded and the state inspection agency at the same level know, in case of refusal to accept the settlement, the reason must be clearly stated.
– For first-time complaint settlement
The time limit for first-time complaint settlement shall not exceed 30 days from the date of acceptance; for complicated cases, the time limit for settlement may be longer but must not exceed 45 days from the date of acceptance.
In deep-lying and remote areas with difficult access, the time limit for complaint settlement shall not exceed 45 days from the date of acceptance; for complicated cases, the time limit for settlement may be longer but must not exceed 60 days from the date of acceptance.
– For the second complaint settlement
The time limit for settlement of the second complaint shall not exceed 45 days from the date of acceptance; for complicated cases, the time limit for complaint settlement may be longer but must not exceed 60 days from the date of acceptance.
In deep-lying and remote areas with difficult access, the time limit for complaint settlement shall not exceed 60 days from the date of acceptance; for complicated cases, the time limit for complaint settlement may be longer, but must not exceed 70 days from the date of acceptance.
For a complicated complaint case, if necessary, the second-time complaint settler shall establish an Advisory Council to consult on complaint settlement.
Verify the content of the complaint
– For first-time complaint settlement
+ Within the time limit specified in the person competent to settle the first-time complaint has the following responsibilities: To re-examine his/her own administrative decisions and administrative acts, those of responsible persons under his/her direct management, If the complaint is true, it shall issue a decision to settle the complaint immediately; If there is no basis for concluding the complaint contents, it shall verify and conclude the complaint contents by oneself or assign the State inspection agency of the same level. or the responsible agency, organization or individual (hereinafter referred to as the person responsible for verification) for verifying the complaint content or proposing to settle the complaint.
Verification must be objective, accurate and timely through the following forms:
• Check and verify directly at the place where the complaint arises;
• Examine and verify through documents and evidences provided by the complainant, the complainant, relevant agencies, organizations and individuals;
• Other forms as prescribed by law.
The person responsible for verification has the following rights and obligations:
• Request the complainant, the complained person, relevant agencies, organizations and individuals to provide information, documents and evidences about the complaint contents;
• To request the complainant, the complained person, and related agencies, organizations and individuals to explain in writing about the contents related to the complaint;
• Summon the complainant, the complained person, relevant agencies, organizations and individuals;
• For expertise;
• Carry out other inspection and verification measures as prescribed by law;
• Report verification results and take responsibility before law for verification results.
– For the second complaint settlement
Persons competent to settle complaints for the second time, based on the contents and nature of the complaint, personally verify and conclude the complaint contents or assign the person responsible for verifying the complaint contents and recommendations for settlement of complaints.
Organize dialogue
– For first-time complaint settlement
+ During the first-time complaint settlement process, if the complainant’s requirements and the results of verification of complaint contents are still different, the complaint settler shall organize a dialogue with the complainant, the complained subject, and the complainant. persons with related rights and obligations, relevant agencies, organizations and individuals to clarify complaint contents, complainant’s requests and complaint settlement directions; The dialogue must be conducted openly and democratically.
The complaint settler shall notify in writing the complainant, complainant, persons with related rights and obligations, relevant agencies and organizations of the time, place and contents of the complaint. dialogue.
+ During the dialogue, the complaint settler must clearly state the contents to be discussed and the results of verification of complaint contents; Dialogue participants have the right to present their opinions and present evidences related to their complaints and requests.
+ The dialogue must be recorded in writing; the minutes must clearly state the opinions of the participants, the results of the dialogue, and bear the signatures or fingerprints of the participants; in case the dialogue participants do not sign, the points are only confirmed, the reasons must be clearly stated; This record is kept in the complaint case file.
+ The results of the dialogue are one of the grounds for complaint settlement
– For the second complaint settlement
During the second-time complaint settlement process, the complaint settler conducts dialogues with the complainant, the complained subject, persons with related rights and obligations, relevant agencies, organizations and individuals to clarify complaint content, complainant’s request, complaint settlement direction
The decision to settle complaints
The complaint settler must issue a complaint settlement decision.
– For first-time complaint settlement
• In case more than one person complains about the same content, the person competent to settle complaints shall consider and conclude the complaint contents and base on that conclusion to issue a complaint settlement decision for each person or issue a decision on complaint settlement for each person complaint settlement decision together with a list of complainants.
Submit the decision to resolve the complaint
– For the first complaint settlement
Within 03 working days from the date of issuance of the complaint settlement decision, the first-time complaint settler shall have to send the complaint settlement decision to the complainant, the immediate superior of the complainant. or the competent person, person with related rights and obligations, the agency, organization or individual that has forwarded the complaint and the State inspection agency of the same level.
– For the second complaint settlement
Within 07 days from the date of issuance of the complaint settlement decision, the second-time complaint settler must send the complaint settlement decision to the complainant, the complained subject, the first-time complaint settler, persons with related rights and obligations, competent agencies, organizations and individuals to transfer complaints to.
+ The second-time complaint settler chooses one or several of the following forms of publicity:
• Announcement at the meeting of the agency or organization where the complainant works;
• Posting at the head office or citizen reception of the agency or organization that has settled the complaint;
• Announcement in the mass media.
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Please see more
- Vietnamese law on mortgage of land use rights
- The issuance of a land use right certificate in Vietnam is refused
- Agricultural land use regime according to Vietnam land law
Frequently asked questions
According to Article 44 of the Law on Complaints 2011:
The second-time complaint settlement decision takes legal effect 30 days after its issuance; for deep-lying and remote areas with difficult access, the time limit may be extended but must not exceed 45 days. In case the complainant disagrees with the complaint settlement decision, he/she has the right to initiate an administrative lawsuit at Court in accordance with the Law on Administrative Procedures.
The second-time complaint settlement decision takes legal effect 30 days after its issuance; for deep-lying and remote areas with difficult access, the time limit may be longer, but must not exceed 45 days.
In case the complainant disagrees with the complaint settlement decision, he/she has the right to initiate an administrative lawsuit at the Court in accordance with the Law on Administrative Procedures. The legally effective complaint settlement decision takes effect immediately.
Note: While waiting for settlement, the complainant must pay on time and fully pay the notified land use levy.
According to the provisions of the land law, the Law on Complaints 2011 and some other relevant legal documents, in different cases, the competence to settle complaints may belong to the Chairman of the Commune People’s Committee. , ward or township (hereinafter referred to as commune level); Heads of agencies under the People’s Committees of districts, towns, provincial cities (hereinafter referred to as district level); Director of Department of Natural Resources and Environment; Head of Department of Natural Resources and Environment….
Pursuant to Article 11 of the Law on Complaints 2011, complaints about land related to the following issues will not be accepted for settlement, specifically:
Administrative decisions, administrative acts within state agencies to direct and organize the performance of tasks and official duties; administrative decisions and administrative acts in the direction and administration of agencies. superior administrative agencies with lower administrative agencies; administrative decisions containing legal norms promulgated by competent agencies, organizations and individuals according to the order and procedures of the law on promulgation. legal documents; administrative decisions, administrative acts falling within the scope of state secrets in the fields of national defense, security and diplomacy according to the list prescribed by the Government;
The complained administrative decision or act is not directly related to the complainant’s lawful rights and interests;
The complainant does not have full civil act capacity without a legal representative;
Unlawful representatives make complaints;
The complaint form has no signature or fingerprint of the complainant;
The statute of limitations, time limit for complaints has expired without plausible reasons;
Complaints where a second-time complaint settlement decision has been made;
There is a written notice of suspension of complaint settlement, but after 30 days the complainant does not continue to complain;
The complaint has been accepted by the Court or has been settled by the Court’s judgment or decision, except for the Court’s decision to terminate the settlement of the administrative case.
Conclusion: So the above is Sequence of settling land claims in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
