In Vietnam, the society is becoming more developed and complex. It has brough both disadvantages and advantages for the community nowadays. There are many cases where state agencies illegally confiscate land but people do not know how to protect their rights. So about the matter “Settle lawsuits against land recovery decisions in Vietnam” Let’s find out with LSX in the article below.
Legal grounds
- Land Law 2013
What is the concept of land recovery?
Pursuant to the provisions of current law, specifically in Clause 11, Article 3 of the 2013 Land Law, “land recovery” is understood as the case where the State issues a decision to recover the land use rights of households, individuals and organizations that are granted land use rights by the State or have land under the land use rights of other people if this person commits acts of violating the land law in the course of land use.
On the basis of the concept of land recovery defined above, it can be understood that when an event of land recovery occurs, households, individuals and organizations that are using land are obliged to return the land belonging to them. recovery that they are using for the State. However, it is not in all cases that the State can take land from the people by itself, but currently, according to the provisions of current law, specifically in Article 16 and Articles 61 to 65 of the Land Law land in 2013, the State may only recover land if the land recovery falls under one of the cases prescribed by law.
Complaints under the jurisdiction of the court
According to the Law on Administrative Procedures 2015, the following lawsuits fall under the jurisdiction of the Court:
• Complaints about administrative decisions or acts, except for the following decisions and acts:
• Administrative decisions, administrative acts falling within the scope of state secrets in the fields of national defense, security and diplomacy as prescribed by law;
• Decisions and acts of the Court in the application of administrative handling measures, handling of acts obstructing procedural activities;
• Administrative decisions and administrative acts of internal nature of agencies and organizations.
• Complaints about disciplinary decisions on dismissal of civil servants holding posts from General Director and equivalent or less.
• Appeal against the decision to settle the complaint about the decision on handling the competition case.
• Complaints about voter lists.
Right to sue the decision on land recovery
To initiate a lawsuit against a decision on land recovery, an individual must meet the following requirements:
• Being a person with full administrative legal capacity and administrative procedural act capacity.
• In case the involved person is a person aged full 18 years or older with full administrative procedure act capacity, except for persons who have lost their civil act capacity or otherwise provided for by law.
• In case the involved party is a minor or a person who has lost his/her civil act capacity, he/she shall exercise his/her rights and obligations in administrative procedures through his/her legal representative.
• In case the involved party is an agency or organization, performing administrative procedural rights and obligations through a legal representative.
In addition, the 2015 Administrative Procedure Law also stipulates on the right to initiate a lawsuit against a land recovery decision as follows: Agencies, organizations and individuals have the right to initiate lawsuits against administrative decisions in case of disagreement disagree with that decision or have made a complaint with a person competent to settle the complaint, but the time limit for settlement as prescribed by law expires but the complaint has not been resolved or has been resolved but disagrees with the settlement of the complaint about such decisions or acts.
Is it possible to settle lawsuits against for a decision on land acquisition?
According to the current land law, individuals and organizations that have their land recovered have the right to initiate a lawsuit against a decision on land recovery if there is evidence that the land recovery is illegal as follows:
• The ground for land recovery is not one of the cases where the State has the right to recover land from people;
• Power to recover land illegally.
In addition, in Clause 1, Article 204 of the 2013 Land Law, it is also clear that 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.
Settle lawsuits against land recovery decisions in Vietnam
Dossier of lawsuit against decision on land recovery
To initiate a lawsuit against a decision on land recovery, you need to prepare a set of documents including the following documents:
• The petition has all contents according to Article 105 of the Law on Administrative Procedures 2015 (according to the form);
• The petitioner’s commitment not to complain to the person competent to settle the complaint;
• Documents and evidences to support the lawsuit claim;
• A copy of the land acquisition decision, a copy of the complaint settlement decision (if any)…;
• Provide the Court with the complaint settlement file (if any) and copies of documents and documents in the administrative settlement file to issue a decision on land recovery.
• Power of attorney to participate in the proceedings (if any);
• Copy of household registration, people’s identity card (certified by a competent State agency);
• List of documents (specify originals and copies).
Procedures for initiating a lawsuit against a decision on land recovery
To initiate a lawsuit against a land acquisition decision, follow these steps:
Step 1: Prepare documents
You prepare 01 set of documents including all the above-mentioned documents to initiate an administrative decision lawsuit.
Step 2: Submit your application
You file a lawsuit at a competent People’s Court in accordance with the Law on Administrative Procedure 2015. The Court’s jurisdiction is determined as follows:
• For the land recovery decision issued by the district People’s Committee, the People’s Court of the province where the land is recovered will be the competent authority to receive and settle the case.
• For the land recovery decision issued by the Provincial People’s Committee, the High People’s Court will be the competent authority to receive and settle the case.
When filing a lawsuit against a decision on land recovery, you can file it directly at the Court or send it by post.
Step 3: Solve the case
Within 03 working days from the date of receipt of the complaint, the Chief Justice of the Court shall assign a judge to consider the petition. Within 03 working days from the date of assignment, the judge shall consider the decision on whether the lawsuit is filed. handle the case or not.
The time limit for trial preparation for cases, except for cases tried according to summary procedures and cases involving foreign elements, is 04 months from the date of acceptance of the case. The judge will base on documents and evidence provided by the parties or documents and evidence collected by themselves to make a final decision.
Within 15 days after the first-instance court pronounces the judgment, the involved parties or their lawful representatives have the right to appeal to settle the case according to appellate procedures.
After receiving the case file, the appeal and the attached documents and evidences, the appellate court shall enter the acceptance book. The time limit for preparation for appellate trial is 60 days from the date of acceptance of the case.
Services of LSX
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Please see more
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- Agricultural land use regime according to Vietnam land law
Frequently asked questions
The statute of limitations for initiating a lawsuit is the time limit within which an agency, organization or individual is entitled to initiate a lawsuit to request a court to settle an administrative case to protect infringed lawful rights and interests; if that time limit expires, the right to sue is lost.
The 2015 Law on Administrative Procedures stipulates that the statute of limitations for initiating an administrative case is 01 year from the date of receipt or knowledge of an administrative decision, administrative act or disciplinary decision on dismissal.
Initiating a lawsuit against an individual household’s decision on compensation and support upon land recovery is a lawsuit against an administrative decision within the court’s jurisdiction. According to the provisions of Article 31 of the Law on Administrative Procedures 2015 Jurisdiction to settle according to first-instance procedures of district-level courts for complaints about:
Administrative decisions or administrative acts of a state administrative agency at the district level or below within the same administrative boundary as the court or of a competent person in that state administrative agency, except decisions administrative acts and administrative acts of the district-level People’s Committees, district-level People’s Committee chairpersons.
According to Article 32 of the 2015 Law on Administrative Procedures, the People’s Courts of provinces have jurisdiction to settle according to first-instance procedures complaints about:
Administrative decisions and administrative acts of a provincial-level state agency within the same administrative boundaries as the court and of a competent person in that state agency.
Administrative decisions and administrative acts of district-level People’s Committees and district-level People’s Committee chairpersons within the same administrative boundaries as the courts.
The object of the lawsuit can be an administrative act or an administrative decision. In there:
Administrative decision is a document issued by a state administrative agency, agency or organization assigned to perform state administrative management, or a competent person in that agency or organization issues a decision on administrative matters. Specific topics in administrative management activities are applied once to one or several specific objects.
Administrative act means an act of a state administrative agency or a competent person in a state administrative agency or an agency or organization assigned to perform state administrative management that performs or fails to perform its duties. services and public duties as prescribed by law.
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