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Solutions to Improve the Quality of Law Enforcement in Resolving Land Use Disputes at People's Courts

To improve the quality of law enforcement in resolving land use disputes at the People's Court, it is necessary to thoroughly understand the following viewpoints :

Firstly, strengthen the Party's leadership over the activities of judicial agencies, including the law enforcement activities of the People's Court, and improve the political capacity of the team of judges.

The Party's leadership over judicial agencies in general and the People's Court in particular is comprehensive and absolute. Strengthening the Party's leadership over the adjudication work of the People's Court does not mean that Party organizations and Party members intervene in the adjudication activities of the Court, decide whether to accept or not to accept the litigant's petition or direct the issuance of judgments and decisions to protect the plaintiff or defendant. The Party's leadership is demonstrated by strict and lawful adjudication policies, by the policy of promulgating correct and timely legal regulations, by the direction of innovation, organization and operation of the People's Court to make it more effective, and the Court's judgments and decisions to be of increasingly high quality. The Party's guidelines and policies on building a team of judges in the People's Court sector with sufficient quantity, ensuring quality, and enhancing the political capacity and revolutionary consciousness of the judges.

Second, improving the quality of law enforcement in resolving land use disputes at the People's Court must be associated with the synchronous implementation of requirements and contents of building a socialist rule-of-law state of the people, by the people, and for the people.

Building a complete legal system to improve the quality of law application in the adjudication activities of the People's Court in general and improving the quality of law application in resolving land use disputes in particular at the People's Court, cannot be separated from the contents of building a socialist rule of law state.

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One of the requirements for building a socialist rule-of-law state in Vietnam is to have a complete legal system with high feasibility and stability. In the field of land, it is also necessary to pay due attention to building new or supplementing and amending current legal documents to suit the

new situation of the country. The quality of law enforcement in the trial activities of the People's Court is closely linked to the quality of activities of other agencies, so in order to effectively reform the judiciary, our Party and State advocate strengthening the organization and improving the quality of activities of the Court, the Procuracy, the investigation agencies, reforming the State administration, and innovating the team of cadres and civil servants. All of the above requirements and contents must be implemented synchronously and with appropriate steps.

Solutions to Improve the Quality of Law Enforcement in Resolving Land Use Disputes at People's Courts

Third, innovate the trial work of the People's Court in the direction of expanding democracy, debate in court, and fully implementing procedural principles .

The court is the center of judicial activities, so improving the quality of law enforcement in trial activities in general and in resolving land use disputes in particular at the People's Court is one of the key contents of judicial reform.

In the trial activities of the Court, the full implementation of the principle of ensuring litigation at the trial contributes to improving the quality of resolving cases, ensuring the quality of issuing judgments and decisions in accordance with the law. Respecting and expanding litigation at the trial according to the Party's guidelines is also one of the practical contents to implement democracy in the application of law when resolving cases.

Fourth, the application of the law in resolving land use disputes at the Court must be associated with the obligation to disseminate, propagate, and educate to raise people's legal awareness.

As analyzed above, our country's land law is unstable and has too many guiding documents for implementation, so applying the law in court to resolve land use disputes not only has the effect of educating people about obeying the law but also educating them about protecting their own legitimate rights and interests.

3.2. Solutions to improve the quality of law enforcement in resolving land use disputes at the People's Court

3.2.1. Group of solutions to strengthen the Party's leadership


The Party's leadership of the state and society is a fundamental principle recognized in the Constitution. Therefore, the activities of the People's Court as well as the activities of other agencies in our state apparatus are all under the leadership of the Party.

The Party leads the State in all three aspects: ideology, organization and personnel. The Party's leadership ensures that the activities of judicial agencies are of increasingly higher quality and always in the right direction for the goal of a prosperous people, a strong country, a fair, democratic and civilized society. Strengthening the Party's leadership in resolving land use disputes does not mean that Party organizations and Party members intervene in the activities of law enforcement, making decisions on behalf of the Court. The Party's leadership is implemented through the direction of adjudication policies and guidelines, through the direction of innovating the organization and activities of judicial agencies so that they are increasingly more effective and the quality of law enforcement is increasingly better. Under the Party's leadership, the political mettle and revolutionary awareness of judicial officials in general, and court officials in particular, are always maintained and enhanced throughout the process of performing their duties in accordance with the provisions of law.

The requirement for unity and consensus in party organizations in the Court units is always an important requirement. Party organizations in the Court agencies have done a good job of ideological education and leadership for party members and court officials. Currently, the Supreme People's Court and provincial People's Courts all have Party Executive Committees to comprehensively lead all aspects of work of the entire sector as well as of each unit. The major policies of the Party are urgently and seriously disseminated by the People's Court sector. On the basis of those policies, the Party Executive Committee of the Supreme People's Court has specific programs and action plans to effectively implement them in the entire People's Court sector. Party members of the People's Court sector are always absolutely loyal to the policies and guidelines of the Party and the laws of the State, have good moral qualities, a simple lifestyle, and a spirit of overcoming difficulties to fulfill their tasks.

In the past 10 years, Party organizations in the People's Court sector have admitted over 1,600 Party members, 4,224 Party cells in the Court sector have been classified as clean and strong Party cells, and 16,257 Party members in the Court sector have been recognized as Party members who have excellently fulfilled their tasks. The Party Committee of the Supreme People's Court in particular has been assessed as a clean and strong Party Committee for many years. Many Party members of the Party Committee of the Supreme People's Court have been awarded certificates of merit by the Party Committee of the internal affairs agencies for their achievements in Party building [39, p. 191].

Reality shows that in the past time, the Courts have seriously implemented the principle of the Party's comprehensive leadership over the Court's work, especially the trial work and the work of cadres. The Courts have implemented the regime of periodically reporting to the Party Committee on the work of the Court to ask for the Party Committee's direction on the direction of the Court's work. The Party Committees give opinions and direct the settlement of complicated, politically sensitive cases, cases related to national security, religion, major and important cases and outstanding, pressing cases that are of special interest to public opinion. The Party Committees always take care of the Court's cadre work, especially the work of planning, training cadres, selecting judges, and properly arranging and using cadres of the Courts. The Party Committees orient and introduce Party members with sufficient qualifications, qualifications, capacity, prestige, responsibility and political courage to be elected to the Party Committees, and to hold leadership positions in the People's Courts at all levels.

Thus, thanks to the strong innovation in the organization and operation of the Courts in the spirit of Resolution No. 49 of the Politburo (9th tenure) on the judicial reform strategy until 2010 and the effective implementation of the key tasks of this Resolution, the work of the Courts in recent years has been improved. The number of cases with injustice and wrongful convictions has been controlled and reduced to the lowest level. Major and important cases have been brought to trial promptly, strictly, in accordance with the law and have received the support of the people. In the coming time, the People's Court sector needs to focus on completing the key tasks of the judicial work according to Resolution No. 08, focusing on accelerating the progress of the implementation of ongoing tasks such as improving the quality of litigation in court sessions, increasing the jurisdiction of the district-level People's Courts, building a system of courts with a high level of justice.

Building a clean and strong team of court officials, increasing investment in infrastructure for courts at all levels, promoting law-making, and guiding the unified application of the law in adjudication activities. Resolving land use rights disputes at the People's Court is a very sensitive and complicated field at present, moreover, in the conditions of incomplete and non-specific laws, it does not cover every situation in practice, so the Party must strengthen its leadership of this work for the People's Court, especially the viewpoint of directing the resolution to ensure the improvement of the quality of law application in this field.

3.2.2. Group of solutions on perfecting the law and enhancing timely guidance and explanation of legal documents related to resolving land use rights disputes

Resolution No. 48-NQ-TW of the Politburo on the strategy for building and perfecting the Vietnamese legal system until 2010 with a vision to 2020 clearly stated that "in general, our country's legal system is still not synchronous, inconsistent, has low feasibility, and is slow to come into practice. The mechanism for building and amending laws still has many unreasonable issues and has not been given due attention for innovation and perfection. The progress of building ordinances is still slow, and the quality of legal documents is not high" [8]. A socialist rule of law state of the people, by the people, and for the people not only requires a synchronous, unified, and perfect legal system, but also must be of high quality and stability to truly become common and exemplary principles of conduct. To apply the law well, first of all, there must be good legal norms. We believe that this is one of the most important solutions because when the State builds a complete, specific and quality legal system, it will be the legal basis for the People's Court to apply the law uniformly and effectively. Our country is in the process of innovation according to the Party's wise guidelines. Many new social relations are formed and developed along with the change of some specific policies while legal documents are highly general, defining the most general and popular rules from specific issues. Therefore, the Law is slow to come into effect after being promulgated, having to wait for decrees and circulars to provide specific regulations. Therefore, in our opinion, the Law should only regulate general issues and specific issues of a stable nature, while volatile issues should be regulated by documents under the Law and the agency.

Law drafting agencies need to prepare legal documents immediately after submitting legal documents for approval. Only then will legal documents have the conditions to immediately enter life upon promulgation. In addition, the State needs to pay attention to the work of officially interpreting the law to create an accurate and unified understanding in the process of law application. With a complete system of legal documents, guided for implementation in a unified, timely manner, suitable to the practical requirements of social life, the application of the law in general, the application of the law in resolving land use disputes at the People's Court in particular will be implemented well, the quality of resolving land use disputes will be improved. In recent years, the People's Court sector has performed well the task of law-making and guiding the unified application of the law. The draft laws and ordinances assigned by the National Assembly and the National Assembly Standing Committee to preside over the drafting have all been implemented on schedule and with high quality by the People's Court sector. In the work of guiding the application of law, the People's Court sector has always proactively coordinated with competent agencies to perform this task well. The Council of Judges of the Supreme People's Court has done a good job of guiding the uniform application throughout the sector. Especially in recent years, when the legal system of our country has been amended and supplemented, the Council of Judges of the Supreme People's Court has issued many circulars and resolutions providing timely guidance, contributing to improving the quality of adjudication of cases. In addition, the Supreme People's Court has also issued thousands of professional exchange documents to help local courts correctly and consistently apply the law in each field, especially in the civil field. Along with promoting the work of law-making and guiding the uniform application of law, the People's Court sector also pays great attention to training on new legal documents throughout the sector, contributing to improving the professional qualifications of officials, judges and people's assessors. The reality of law enforcement shows that legal norms are built on the basis of generalizing the behaviors of subjects in society. However, the content of legal norms is not always clear, easy to understand and completely consistent with situations arising in life, so there is a need for legal interpretation activities. Reality shows that whether the constitution or law recognizes it or not, in the history of Vietnamese judiciary, the Court has always played a major role in interpreting the law through Resolutions.

of the Council of Judges and the guiding documents of the Supreme People's Court. Article 3 of the 2005 Civil Code stipulates that "In cases where the law does not provide and the parties do not have an agreement, customary practice may be applied; if there is no customary practice, similar provisions of law may be applied which must not be contrary to the principles prescribed in this Code" [38]. Therefore, it leads to the official recognition of customary law and legal precedent as a source of law in the Vietnamese legal system. Recognition of customary law and legal precedent leads to recognition of the Court's right to interpret the law. The Law on promulgation of legal documents has officially recognized the Resolution of the Council of Judges of the Supreme People's Court as a normative legal document.

In order to improve the quality of adjudication of civil disputes in general, and land use rights disputes in particular, it is very important to provide guidance on the unified application of a number of provisions of the 2003 Land Law and a number of government decrees related to land. The 2003 Land Law took effect from July 1, 2004, but there are still many articles and clauses that need immediate guidance, such as Article 203 on the statute of limitations for lawsuits over land use rights disputes and how to handle land that was assigned to others for use before the 1993 Land Law took effect.

As analyzed above, the reality of resolving land use disputes shows that there are still many problems in terms of viewpoints and approaches to adjudication and the application of the law. Therefore, in order to improve the quality of adjudication of land use disputes, the Supreme People's Court needs to promptly issue a Resolution of the Supreme People's Court Judicial Council guiding the resolution of land use disputes with some basic contents as follows:

First issue : regarding authority, according to the provisions of Clause 1, Article 136 of the 2003 Land Law:

Disputes over land use rights in which the parties have a land use rights certificate or one of the types of documents specified in Clauses 1, 2 and 5, Article 50 of this Law and disputes over property attached to land shall be resolved by the People's Court [24].

If the litigant files a lawsuit at the Court to claim land use rights as prescribed in Clause 1, Article 136 of the 2003 Land Law, the litigant must have a land use rights certificate or one of the documents prescribed in Clauses 1, 2 and 5, Article 50 of the Land Law. Therefore, in case the litigant does not have one of the documents prescribed in Clauses 1, 2 and 5, Article 50 of the Land Law, they do not have the right to file a lawsuit.

In the case of a person who has been granted a land use right certificate or has one of the types of documents specified in Clauses 1, 2 and 5, Article 50 of the Land Law or has a dispute over land use rights with another individual or organization where the disputed land area is not within the land area that the person has been granted according to the land use right certificate (this disputed land has not been granted a certificate and there is no property on that land), then the land use right dispute over this land area is under the jurisdiction of the People's Committee.

Thus, the People's Court will only resolve disputes over property attached to land use rights or disputes over land use rights when two conditions are met: first, the plaintiff is the person who has been granted a land use rights certificate or has one of the types of documents specified in Clauses 1, 2 and 5, Article 50 of the Land Law; second, the disputed land area is the subject of a land use rights certificate or has one of the types of documents specified in Clauses 1, 2 and 5, Article 50 of the Land Law in whose name the plaintiff is registered.

In the case where the plaintiff has a petition to reclaim land that the State and socio-political organizations have managed and used according to the provisions of Clause 2, Article 10 of the 2003 Land Law and Clause 1, Article 4 of Decree No. 181/2004/ND-CP dated October 29, 2004 of the Government on the implementation of the 2003 Land Law and this land has been granted a land use right certificate, it is necessary to determine the nature of this land reclaim is a complaint to reclaim land use rights, this case is under the jurisdiction of the People's Committee.

Second issue : in case the litigant has a petition to the Civil Court to complain about the People's Committee's Decision to resolve the land use rights dispute or to complain

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