The land of the above-mentioned establishments was used or some establishments were confiscated to make offices, schools, etc. Up to now, those establishments have demanded it back but the State has not been able to return it, leading to lawsuits by those establishments; some people were given land to live by churches, religious orders, pagodas, and clan temples, and people have built solid houses, or encroached on more land of the above-mentioned establishments, leading to the above-mentioned establishments demanding back the land and houses.
1.2. LAND COMPLAINT RESOLUTION AND PRINCIPLES FOR LAND COMPLAINT RESOLUTION
1.2.1. Resolving land complaints
Complaint settlement is understood as the process by which a competent state agency reviews and evaluates whether an administrative decision or administrative act is in accordance with the law or not, thereby proposing appropriate solutions. Clause 13, Article 2 of the Law on Complaints and Denunciations stipulates: "Complaint settlement is the verification, conclusion and decision on settlement by the complainant" [11, p. 12]. Thus, complaint settlement includes the following tasks: verification to clarify the details of the incident; conclusion on the content of the complaint, in which it is clearly determined whether the complaint of the agency, organization or individual is correct, partially correct or completely incorrect; based on the provisions of the law, handling each specific issue in the content of the complaint, from which a decision is made to maintain, amend or cancel part or all of the administrative decision being complained about, and terminate the administrative decision being complained about; decide on compensation for damages to the complainant (if any) or resolve other specific issues in the complaint.
Currently, the 2003 Land Law stipulates that in the land sector, there are two types of complaint settlement: settlement of complaints about some basic administrative decisions and administrative acts in land management shall be implemented according to the provisions of the Land Law; settlement of complaints about other administrative decisions and acts in the land sector shall be implemented according to the general provisions of the law on complaints.
a) On resolving some basic administrative decisions and administrative acts in land management according to the provisions of the law on land
Article 138 of the 2003 Land Law stipulates the settlement of complaints about a number of administrative decisions and administrative acts (decisions and acts according to Article 162 of Decree 181/2004/ND-CP dated October 29, 2004 of the Government on the implementation of the 2003 Land Law) as follows:
- In case of complaints about administrative decisions and administrative acts on land management resolved for the first time by the Chairman of the People's Committee of a district, town, or provincial city, if the complainant does not agree with the resolution decision, he/she has the right to file a lawsuit at the People's Court or continue to complain to the Chairman of the People's Committee of the province or centrally run city. In case of complaints to the Chairman of the People's Committee of a province or centrally run city, the decision of the Chairman of the People's Committee of the province or centrally run city is the final decision;
- In case of complaints about administrative decisions or administrative acts on land management resolved for the first time by the Chairman of the People's Committee of a province or centrally-run city, if the complainant does not agree with the resolution decision, he/she has the right to file a lawsuit at the People's Court;
- The statute of limitations for complaints about administrative decisions and administrative acts on land management is thirty days from the date of receipt of the administrative decision or knowledge of such administrative act. Within forty-five days from the date of receipt of the first complaint settlement decision, if the complainant disagrees, he/she has the right to appeal to the competent state agency or file a lawsuit at the People's Court.
- The settlement of land complaints prescribed in Clause 2 of this Article does not include complaints about decisions on settlement of land disputes prescribed in Clause 2, Article 136 of this Law.
Article 163, Article 164 of Decree 181/2004/ND-CP dated October 29, 2004 of the Government on the implementation of the 2003 Land Law stipulates:
- Procedures for handling complaints against administrative decisions of the People's Committees of districts, towns, and provincial cities; administrative acts of officials and civil servants of the People's Committees of communes, wards, and towns, of the Department of Natural Resources and Environment, of the People's Committees of districts, towns, and provincial cities:
+ Within no more than thirty (30) days from the date the People's Committee of a district, town, or provincial city has an administrative decision on land management or an officer or civil servant of the People's Committee of a commune, ward, or town, of the Department of Natural Resources and Environment, or of the People's Committee of a district, town, or provincial city has an administrative act while handling land management work, and the person with related rights and obligations does not agree with the administrative decision or administrative act, he/she has the right to submit a complaint to the People's Committee of the district, town, or provincial city.
+ The Chairman of the People's Committee of a district, town, or provincial city is responsible for resolving complaints within the time limit prescribed by the Law on Complaints and Denunciations. The decision of the Chairman of the People's Committee of a district, town, or provincial city must be publicly announced and sent to the complainant and other persons with related rights and obligations.
+ Within no more than forty-five (45) days from the date of the Resolution Decision of the Chairman of the People's Committee of the district, town, or city under the province, if the complainant does not agree with the Resolution Decision, he/she has the right to file a lawsuit in the People's Court or make a complaint to the People's Committee of the province or centrally-run city. In case of a complaint to the People's Committee of a province or centrally-run city, the Chairman of the People's Committee of the province or centrally-run city shall be responsible for resolving the complaint.
Complaints within the time limit prescribed by the Law on Complaints and Denunciations. The decision to resolve complaints by the Chairman of the People's Committee of a province or centrally-run city is the final decision, must be publicly announced and sent to the complainant and other people with related rights and obligations.
- Procedures for handling complaints against administrative decisions of the Department of Natural Resources and Environment, of the People's Committees of provinces and centrally run cities; administrative acts of officials and civil servants of the Department of Natural Resources and Environment, of the People's Committees of provinces and centrally run cities:
+ Within no more than thirty (30) days from the date the Department of Natural Resources and Environment, the People's Committee of a province or centrally-run city has an administrative decision on land management or an officer or civil servant of the Department of Natural Resources and Environment, the People's Committee of a province or centrally-run city has an administrative act in handling land management work, if the person with related rights and obligations does not agree with that administrative decision or administrative act, he/she has the right to submit a complaint to the People's Committee of the province or centrally-run city.
+ The Chairman of the People's Committee of a province or centrally-run city is responsible for resolving complaints within the time limit prescribed by the Law on Complaints and Denunciations. The decision to resolve complaints by the Chairman of the People's Committee of a province or centrally-run city must be publicly announced and sent to the complainant and other persons with related rights and obligations.
+ Within no more than forty-five (45) days from the date of the Resolution Decision of the Chairman of the People's Committee of the province or centrally-run city, if the complainant does not agree with the Resolution Decision, he/she has the right to file a lawsuit at the People's Court.
Article 63 and Article 64 of Decree 84/2007/ND-CP dated May 25, 2007 of the Government "Supplemental regulations on the issuance of Land Use Right Certificates, land recovery, implementation of land use rights, procedures for compensation, support, resettlement when the State recovers land and settlement of land-related complaints" have stipulated and amended the procedures for settling complaints against administrative decisions and administrative acts of the Chairman of the People's Committee at the district level and the Chairman of the People's Committee at the provincial level as follows:
- Procedure for handling complaints about administrative decisions and administrative acts of the Chairman of the District People's Committee:
+ Within no more than ninety (90) days from the date the Chairman of the District People's Committee issues an administrative decision or administrative act in land management as prescribed in Article 162 of Decree No. 181/2004/ND-CP, if the person with related rights and obligations does not agree with that administrative decision or administrative act, he/she has the right to submit a complaint to the District People's Committee.
+ The Chairman of the District People's Committee is responsible for resolving complaints within the time limit prescribed by the Law on Complaints and Denunciations. The resolution decision of the Chairman of the District People's Committee must be publicly announced and sent to the complainant and other people with related rights and obligations.
+ Within no more than forty-five (45) days from the date of receipt of the settlement decision of the Chairman of the District People's Committee, if the complainant does not agree with the settlement decision, he/she has the right to file a lawsuit in the People's Court or appeal to the Provincial People's Committee. In case of appeal to the Provincial People's Committee, the Chairman of the Provincial People's Committee is responsible for resolving the complaint within the time limit prescribed by the Law on Complaints and Denunciations. The decision to resolve the complaint of the Chairman of the Provincial People's Committee is the second settlement decision and must be announced.
publicly and send to the complainant and other persons with related rights and obligations.
- Procedure for handling complaints about administrative decisions and administrative acts of the Chairman of the Provincial People's Committee:
+ Within no more than thirty (30) days from the date the Chairman of the Provincial People's Committee issues an administrative decision or administrative act in land management as prescribed in Article 162 of Decree No. 181/2004/ND-CP, if the person with related rights and obligations does not agree with that administrative decision or administrative act, he/she has the right to submit a complaint to the Provincial People's Committee.
+ The Chairman of the Provincial People's Committee is responsible for resolving complaints within the time limit prescribed by the Law on Complaints and Denunciations. The decision to resolve complaints by the Chairman of the Provincial People's Committee must be publicly announced and sent to the complainant and other people with related rights and obligations.
+ Within no more than forty-five (45) days from the date of receipt of the settlement decision of the Chairman of the Provincial People's Committee, if the complainant disagrees with that settlement decision, he/she has the right to file a lawsuit at the People's Court.
Article 264 of the Law on Administrative Procedures has amended and supplemented Article 138 of the Land Law on complaints and lawsuits against administrative decisions and administrative acts on land management as follows: The order and procedures for handling complaints against administrative decisions and administrative acts on land shall comply with the provisions of the law on complaints. The order and procedures for handling complaints against administrative decisions and administrative acts on land shall comply with the provisions of the Law on Administrative Procedures.
The diagram for handling complaints about administrative decisions and administrative acts (decisions and acts specified in Article 162 of Decree 181/2004/ND-CP) according to the law on land is as follows:
Citizens, agencies, organizations complain
Provincial People's Court
Chairman of District People's Committee
Chairman of Provincial People's Committee
Chairman of Provincial People's Committee
District People's Court
Provincial People's Court
Diagram 1.1: Diagram on handling complaints about administrative decisions and administrative acts (decisions and acts specified in Article 162 of Decree 181/2004/ND-CP) according to the law on land
b) Regarding the settlement of complaints about administrative decisions and other administrative acts in the land sector:
Article 165 of Decree 181/2004/ND-CP dated October 29, 2004 of the Government on the implementation of the 2003 Land Law stipulates: The settlement of complaints about administrative decisions and administrative acts on land management that are not subject to the Decisions prescribed in Article 162 of Decree 181/2004/ND-CP shall be implemented in accordance with the provisions of law on complaints and denunciations.
Article 65 of Decree 84/2007/ND-CP dated May 25, 2007 of the Government stipulates the settlement of complaints against administrative decisions and administrative acts in the land sector that are not covered by Articles 63 and 64 of Decree 84/2007/ND-CP as follows:
- Handling of complaints against administrative acts of officials and civil servants of the People's Committees of communes, wards and towns; administrative acts of officials and civil servants of the Department of Natural Resources and Environment; administrative acts of officials and civil servants of the Office of the People's Committees of districts, towns and provincial cities; administrative acts of officials and civil servants of the Department of Natural Resources and Environment, administrative acts of officials and civil servants
under the Office of the People's Committee of a province or centrally-run city; administrative decisions of the Department of Natural Resources and Environment and administrative decisions and administrative acts on land management of the Chairman of the People's Committee at the district level and the Chairman of the People's Committee at the provincial level that are not covered by the provisions of Article 63 and Article 64 of Decree 84/2007/ND-CP shall be implemented in accordance with the provisions of law on complaints and denunciations.
- The order and procedures for handling complaints about administrative decisions and administrative acts of this type are specifically prescribed in the Law on Complaints and Denunciations (amended and supplemented in 2004 and 2005) and Decree No. 136/2006/ND-CP dated November 14, 2006 of the Government detailing and guiding the implementation of a number of articles of the Law on Complaints and Denunciations and the Laws amending and supplementing a number of articles of the Law on Complaints and Denunciations.
Citizens, agencies, organizations complain
Chairman of the People's Committee at the commune level
Director of Department of Natural Resources and Environment
Chairman of the Provincial People's Committee or Ministry of Natural Resources and Environment
Chairman of Provincial People's Committee
Ministry of Finance
Resources and Environment
The diagram for handling complaints about other administrative decisions and land administrative acts according to the land law and the law on complaints (decisions and acts from the provincial level down) is as follows:
Chairman of District People's Committee
Chairman of Provincial People's Committee
District People's Court
Chairman of District People's Committee
District People's Court
Court | Court |
core | people |
civil | provincial level |
conscious |
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District People's Court
Provincial People's Court
Provincial People's Court
Provincial People's Court
Diagram 1.2: Diagram on handling complaints about administrative decisions and other land administrative acts according to land law and complaint law (decisions and acts from provincial level down)