Diagram of Land Dispute Resolution in Cases Without Land Use Rights Certificate or Without One of the Following

- In case the Chairman of the People's Committee of a district, town, or provincial city resolves the matter but one or more parties do not agree with the resolution decision, they have the right to appeal to the Chairman of the People's Committee of the province or centrally-run city for resolution or file a lawsuit in accordance with the provisions of the Law on Administrative Procedures;

- In case the Chairman of the People's Committee of a province or centrally-run city resolves but one or more parties do not agree with the resolution decision, they have the right to appeal to the Minister of Natural Resources and Environment or file a lawsuit in accordance with the provisions of the Law on Administrative Procedures.

Chairman of District People's Committee

Disputes between organizations, religious establishments, overseas Vietnamese, foreign organizations and individuals with each other or with households, individuals and residential communities living abroad.

Chairman of the People's Committee at the commune level organizes mediation

Disputes between households, individuals, and communities

Chairman of the People's Committee at the commune level organizes mediation

The diagram for resolving land disputes in cases where there is no land use right certificate or one of the types of documents specified in Clauses 1, 2 and 5, Article 50 of the Land Law is as follows:

Chairman of Provincial People's Committee

District People's Court

Minister of Natural Resources and Environment

Provincial People's Court

Diagram 1.3: Diagram on land dispute resolution in cases where there is no land use right certificate or one of the documents specified in Clauses 1, 2 and 5, Article 50 of the Land Law

1.3.3. Distinguish between complaints and complaint resolution and disputes and dispute resolution regarding land

From the basic concepts of complaints, complaint settlement and disputes, land dispute settlement, we can clearly see that these are two completely different categories. "Complaints" are regulated and regulated in the Law on Complaints and Denunciations, while "land disputes" are regulated and regulated in the Land Law (the Land Law also has regulations on complaints but in a narrow scope of "complaints about administrative decisions or administrative acts on land management" - Article 138, Land Law 2003). Obviously, these are two issues regulated by two different Laws, which seems impossible to confuse (in the Law on Complaints and Denunciations, there is absolutely no concept of "land disputes", and the signs to identify complaints as "administrative decisions" and "administrative acts" are completely absent in land disputes), but in reality, this is not the case.

In recent years, the confusion of these two issues in the settlement process at the local level has been quite common. There are many land dispute cases that are considered "complaints" by the settlers, but then people add the words "land claim" or "land dispute" to form an unclear phrase that has never been regulated by any legal document of our State (such as: "land claim complaint", "land dispute complaint", "old land claim complaint", "group land claim complaint"...). Because "dispute" is considered a "complaint", in the settlement process, many places do not comply with the provisions of the Land Law (Articles 135 and 136) but instead apply the Law on Complaints and Denunciations to resolve. That is wrong because the procedures, settlement authority, time limits and statute of limitations are also different.

Examples of some cases where administrative agencies made mistakes and made incorrect determinations:

- Mr. Duong Quang, house number 167, Nguyen Du street, Vinh city, Nghe An province, reported that Mr. Tran Van Yen, house number 1, lane number 1, Nguyen Du street

Nguyen Du, Vinh city encroached on about 30m2 of land (length 6.3m2 x width 3.5m2 ) of his family.

On October 3, 2002, Vinh City People's Committee issued Decision No. 1802/QD-UBND on resolving the complaint of Mr. Duong Quang, house number 167, Nguyen Du street, Vinh city; in which it concluded and resolved as follows:

- Mr. Duong Quang's complaint against Mr. Tran Van Yen for encroaching on his family's land has no legal basis for resolution.

- Maintain the current land use status of Mr. Tran Van Yen's household and Mr. Duong Quang's household on the basis of the stable boundary being the ward's drainage ditch. The households continue to use the area according to the current usage status.

- Assign the People's Committee of Trung Do Ward to guide households in completing procedures for granting land use right certificates according to the provisions of law and request Mr. Tran Van Yen's family to use and handle sanitary facilities in accordance with environmental sanitation regulations, so as not to affect the daily life of neighboring households.

Thus, this is clearly a dispute over land use rights between Mr. Duong Quang and Mr. Tran Van Yen. However, the Vinh City People's Committee determined that it was a complaint. Therefore, the case was resolved according to the complaint procedures. To overcome the above shortcomings, the Nghe An City People's Committee has annulled Decision No. 1802/QD-UBND dated October 3, 2002 of the Vinh City People's Committee and assigned the Trung Do Ward People's Committee to organize mediation and resolve the case according to the land dispute resolution process.

- Mr. Vo Huu Sau and Mr. Dinh Van Hanh, residing in Hamlet 4, Nhan Son Commune, Do Luong District, Nghe An Province, disputed land plot No. 164b, map sheet No. 03, area 115 m2 in Nhan Son Commune, which Mr. Dinh Van Hanh's family is using.

On November 8, 2007, the People's Committee of Do Luong district issued Decision No. 1180/QD-UBND.TTr on resolving the complaint of Mr. Vo Huu Sau, citizen of Hamlet 4, Nhan Son Commune, Do Luong District; in which the resolution content is as follows: 1. Land plot No. 164b, map sheet No. 03, area of 115 m2 in Nhan Son Commune under the land use rights of Mr. Dinh Van Hanh is completely legal, because:

- Mr. Dinh Van Hanh was assigned land plot 164b, map sheet number 03, area 115 m2 by the Nhan Son commune agricultural cooperative in 1987 and he used it stably and continuously from then until October 2005 when the dispute arose. Pursuant to Article 50 of the 2003 Land Law, it is affirmed that: In cases where households and individuals have used the land stably before October 15, 1993 and are confirmed by the People's Committee of the commune to be in accordance with the planning, they will be granted a certificate of land use rights.

receive land use rights. Thus, Mr. Dinh Van Hanh's household is the legal user of land plot No. 164b, map sheet No. 03, area 115 m2 .

- Plot of land No. 164b, map sheet No. 03, area 115 m2 used by Mr. Dinh Van Hanh's household has been proposed by the People's Committee of the commune to be granted a land use right certificate and has been granted a land use right certificate by the People's Committee of Do Luong district: certificate code I 118054. Therefore, Mr. Vo Huu Sau's complaint that the land plot of his father, Mr. Vo Huu Hoi, has the right to use is not in accordance with the provisions of law.

After examination and verification, the People's Committee of Nghe An province concluded as follows:

Land plot 164b, map sheet No. 03, area 115 m2 , is in dispute over the right to use between Mr. Vo Huu Sau and Mr. Dinh Van Hanh, with Land Use Right Certificate No. I 118054 issued by the People's Committee of Do Luong district on December 15, 1996. Therefore, this dispute falls under the jurisdiction of the People's Court as prescribed in Clause 1, Article 136 of the 2003 Land Law. However, the People's Committee of Do Luong district issued Decision No. 1180/QD-UBND.TTr on November 8, 2007 with the content of the resolution.

The decision to resolve the dispute over the right to use land plot 164b, map sheet number 03, area 115 m2 is not within the authority prescribed by law.

Therefore, assign the Chairman of the People's Committee of Do Luong district to cancel the content of the settlement of the dispute over the right to use land plot 164b, map sheet No. 03, area 115 m2 ( Nhan Son commune, Do Luong district) between Mr. Vo Huu Sau and Mr. Dinh Van Hanh in Decision No. 1180/QD-UBND.TTr dated November 8, 2007, because the settlement of the dispute was not within the authority. Instruct Mr. Vo Huu Sau, hamlet 4, Nhan Son commune, Do Luong district to submit a petition or directly to the People's Court of Do Luong district to initiate a civil lawsuit over the dispute over the right to use land and an administrative case on enforcement.

Thus, to distinguish between complaints and settlement of land complaints and land disputes and settlement of land disputes, we compare the differences (according to the provisions of the law on land and the law on complaints and denunciations) through the following basic characteristics:

Table 1.1: Comparison of the differences between complaints and settlement of land complaints with land disputes and settlement of land disputes

Distinguished content	Complaints, settlement of complaints about land	Land disputes and dispute resolution
1	Relationship of subjects participating in land relations	Represents the relationship between land users (individuals, organizations) and competent state agencies in land management.	Represents the relationship between individuals and organizations with equal rights and obligations in land use.
2	Jurisdiction to resolve	- People's Committee at commune level has	- People's Committee at commune level
		authority to resolve complaints	no authority to resolve
		on land (except for complaints of	land dispute resolution,
		administrative decision, behavior	but only the authority to make peace
		administrative Article 162 Decree	land dispute resolution
		181/2004/ND-CP dated October 29, 2004).
		- Broader authority to resolve complaints: People's Committees at commune level, People's Committees at district level, Department of Natural Resources and Environment, People's Committees at provincial level...	- The authority to resolve land disputes is only 3 agencies: District People's Committee, Provincial People's Committee. Provincial People's Committee, Ministry of Natural Resources
			and Environment.

Maybe you are interested!

Statute of limitations for complaints and requests for settlement of land disputes.	- The statute of limitations for complaints against decisions and actions of the District People's Committee is 90 days; that of the Provincial People's Committee is 30 days. - The time limit for further complaints (if not in agreement with the first settlement decision) is 45 days.	- The statute of limitations for requesting settlement of land disputes is not specified. - The time limit for further complaints (if not in agreement with the first settlement decision) is 15 days.
4	Time limit for settlement	- The first settlement period is	- Time limit for resolution
		30 days (if remote area)	The first is 30 days.
		difficult travel is 45 days),
		but can last 45 days
		if the case is complicated (if the area
		remote areas with difficult access
		may be extended to 60 days).
		- The second settlement period is 45 days (if the area is remote).	- The second settlement period is 45 days.
		difficult is 60 days), but
		may be extended by 60 days if the case
		complicated work (if remote,
		remote areas with difficult access may
		duration is 70 days).
4	Effect of Decision	- Decision to resolve complaints	- Resolve the dispute
	to resolve.	administrative agency not yet available	second acceptance is decisive
		legal effect and people	final and effective
		Complainant has the right to sue	law (proposer)
		administrative judgment in court (except	no rights resolution
		Decision to resolve the complaint	appeal decision
		head, decision to resolve complaint	decide or sue to
		second complaint within the time limit	Court)
		The law stipulates that the complainant
		complain no more, no
		initiate an administrative lawsuit at
		Court)

Source: Author's own synthesis according to the provisions of the law on land and the law on complaints and denunciations .

Chapter 2

STATUS OF COMPLAINTS AND LAND COMPLAINT RESOLUTION BY STATE ADMINISTRATIVE AGENCIES

(THROUGH PRACTICE IN NGHE AN PROVINCE)

2.1. OVERVIEW OF LAND MANAGEMENT AND USE

2.1.1. Land characteristics of Nghe An province

Nghe An is located in the center of the North Central region, on the main economic and social exchange axis of the North and South, with a coastline of 82 km and nearly 700 km of border bordering Thanh Hoa and Ha Tinh provinces and the Lao People's Democratic Republic; with the following geographical location: the North borders Thanh Hoa province, the South borders Ha Tinh province, the East borders the East Sea, the West borders the Lao People's Democratic Republic. Nghe An has a convenient and important network of roads, railways, waterways and airways, creating strengths in the exchange, economic and socio-cultural development of the province. Therefore, Nghe An has the advantage of exploiting the potential of land, resources and intellectual resources in the socio-economic development strategy towards industrialization and modernization.

Nghe An province has 17 districts, 02 towns, 01 city and 479 commune-level administrative units. Land in Nghe An province is being used as follows [31]:

* Current land use status by purpose of use:

As of January 1, 2011, Nghe An province has a total natural area of 1,649,368.62 hectares (accounting for 32% of the area of the North Central region and 4.98

% of the country's area).

- Total agricultural land area: 1,239,676.85 ha (accounting for 75.16% of natural land area). Of which:

+ Agricultural land area is 258,713.80 ha (accounting for 20.87% of agricultural land area and 15.69% of natural area), including: annual dependable land is 194,164.44 ha; perennial crop land is 64,549.36 ha.

+ Forestry land area is 972,425.53 ha (accounting for 78.44% of agricultural land area and 58.96% of natural area), including: production forest land is 501,163.01 ha; protective forest land is 302,055.32 ha; protective forest restoration land: 10,922.11 ha; protective forest planting land: 16,469.69 ha); special-use forest land is 169,207.20 ha.

+ The aquaculture land area is 7,422.27 ha (accounting for 0.59% of agricultural land area and 0.45% of natural area), including: brackish and salty water aquaculture land is 1,538.27 ha; freshwater aquaculture land is 5,884.00 ha.

+ Salt-making land area is 837.98 ha (accounting for 0.07% of agricultural land area and 0.05% of natural area).

+ Other agricultural land area is 277.27 ha (accounting for 0.02% of agricultural land area and 0.02% of natural area).

- Total non-agricultural land area: 125,251.69 ha (accounting for 7.59% of natural land area). Of which:

+ Residential land area is 20,020.13 ha (accounting for 18.98% of non-agricultural land area and 1.21% of natural area), including: rural residential land is 18,111.04 ha; urban residential land is 1,909.09 ha.

+ The area of specialized land is 65,066.38 ha (accounting for 51.94% of non-agricultural land area and 3.94% of natural area), including: land for headquarters, public works and public works is 439.94 ha; national defense land is 4,171.10 ha; security land is 419.15 ha; non-agricultural production and business land is 6,458.89 ha; land for public purposes (transportation, relics, scenic spots) is 53,577.30 ha.

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