Land plays an important role in people’s lives. It has a key meaning, contributing to building the economic, political, and social life and security as well as the 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 tend to increase both in number and in complexity, with many negative impacts on all aspects of social life. Therefore, in this article, LSX legal firm provides you with regulations regarding: “Vietnamese administrative procedure applicable to land disputes“
Legal ground
- Law on Land 2013
The relationship between Administrative Procedure Code and the Law on Land
In Vietnamese legislation, the law on land 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, relations related to land – the object of the State’s ownership, use and protection rights, relations aimed at ensuring the right, rational and efficient use of land. Article 1 of the Law on Land 2013:
“Article 1. Scope of regulation
This Law prescribes the regime of land ownership, powers and responsibilities of the State in representing the entire-people owner of the land and uniformly managing land, the regime of land management and use, the rights and obligations of land users involving land in the territory of the Socialist Republic of Vietnam.”
Accordingly, Administrative Law also has a close relationship with the law on land. Specifically, in the land law relationship, the State represents both the sole owner of the land and the exerciser of state power. Land relations only appear, change or terminate when having a decision of the state administrative agency.
In essence, the Law on Administrative Procedures only applies regulations on procedures and methods of settling an administrative dispute but does not prescribe criteria for assessing whether an administrative decision or administrative act is lawful or not.
Land-related administrative procedures
Land-related administrative procedures include:
- Firstly, procedures for land recovery, land allocation, land lease, and change of land use purpose;
- Secondly, procedures for registration of land and land-attached assets and grant of the certificate of land use rights and ownership of houses and other land-attached assets;
- Thirdly, procedures for renewal, re-grant, correction, or withdrawal of the certificate, the certificate of house ownership, or the certificate of construction work ownership;
- Fourthly, procedures for exercising the rights of land users;
- Fifthly, procedures for enforcing decisions on compulsory inventory and enforcing the implementation of land recovery decisions;
- Sixthly, procedures for conciliation and settlement of land-related disputes at administrative agencies;
- Lastly, procedures for sanction of administrative violations in the field of land.
Publicity of land-related administrative procedures under the law on land 2013
According to Article 196 of the Law on Land 2013:
- Contents of administrative procedures that need to be publicized include:
a) State agencies that have the competence to receive dossiers and return results;
b) Time for handling each of the administrative procedures;
c) Documents in the dossier for each of the administrative procedures;
d) The process and responsibilities for settling each of the administrative procedures;
e) Financial obligations, charges, and fees payable for each of the administrative procedures. - The publicity of contents prescribed in Clause 1 of this Article must be conducted by regular posting at the offices of the agencies where the dossiers are received and the results are returned; and posting on the website of the national database on administrative procedures and websites of provincial and district-level People’s Committees.
Applying the Law on Administrative Procedures to the land dispute cases
Articles 202 and 203 of the Law on Land 2013 stipulate that the settlement of land disputes under the administrative procedure law must undergo the following procedures:
Article 202. 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 a land dispute.
- The conciliation process must be made 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 Department of Natural Resources and Environment, for other land disputes.
The district-level Division of Natural Resources and Environment or the provincial 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.
Competence to settle land disputes
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 this 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 this Law, the parties may choose between the following two options of settlement:
a) Filing a written request for dispute settlement with a competent People’s Committee as prescribed in Clause 3 of this Article;
b) 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:
a) 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 People’s Committee or to file a lawsuit at a People’s Court in accordance with the law on administrative procedures;
b) In case the dispute involves one party as an organization, a religious establishment, an overseas Vietnamese or a foreign-invested enterprise, the chairperson of the provincial People’s Committee takes responsibility 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;
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Related questions
If the parties cannot reach an agreement or conciliation to resolve the co-ownership dispute, they may request a competent court to settle the dispute.
The court will handle co-ownership disputes similarly to other land disputes. However, all owners of the house recorded in the certificate must participate in the proceedings to resolve the case.
In case the involved parties can not determine their own portion of the common property and request the Court to settle the division of such common property, each involved party shall bear the preliminary court costs corresponding to the value of the common property they enjoy under the provisions of Clause 2, Article 147 of the Civil Procedure Code 2015.
Article 197 of the Law on Social Insurance:
1. Ministries and agencies shall, according to their functions, tasks and powers, coordinate in the direction, guidance and examination of the implementation of land-related administrative procedures to ensure consistency of the land-related administrative procedures with other related administrative procedures.
2. People’s Committees at all levels shall direct, guide, examine and implement administrative procedures in the localities and issue regulations on the coordination among relevant local agencies in settling land-related administrative procedures and other related administrative procedures.
3. Agencies having competence to settle land-related administrative procedures shall follow the prescribed order and procedures.
4. Land users and other related people shall fully follow the land-related administrative order and procedures and fulfill financial obligations as prescribed by law.
The land dispute does not affect the compensation when the land acquisition approved.
Conclusion: So the above is Vietnamese administrative procedure applicable to land disputes. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
