The land belongs to the whole people, the State is the representative of land ownership. The State shall hand over land use rights to land users in accordance with legal regulations. In several particular situations, the State may carry out the land recovery. However, land recovery can cause many impacts on people’s lives, in many cases, land recovery is in contravention of legal regulations which makes people discontented. According to the law, on disagreeing with the decision of land recovery, people can complain to competent authorities.
Within the scope of this article, Apra Law Firm will provide our dear readers with legal information and knowledge regarding competence to settle complaints about land recovery under the law in force.
Cases of land recovery according to the 2013 Land Law
The 2013 Land Law stipulates the cases in which the State recovers land, including:
– Land recovery for national defense or security purpose
– Land recovery for socio-economic development in the national or public interest
– Land recovery due to violations of land law
– Land recovery due to termination of land use in accordance with the law, voluntary return of land, or risks of threatening human life
The right to complain about land recovery following the 2013 Land Law
A complaint about land recovery is that a person whose land is recovered requests a competent authority the right to review the decision to recover, the enforcement of land recovery when there are grounds to believe that land recovery decision is against the law, violates his or her legitimate rights and interests.
The right to complain about land recovery is specified in Article 204 of the 2013 Land Law, that, land users and people who have land use-related rights and obligations are entitled to lodge complaints about, or file lawsuits against, administrative decisions or administrative acts in land management.
The order and procedures for settling land complaints follow in the 2011 Law on Complaints.
Competence to settle land complaints when land is recovered
According to the 2013 Land Law, the authority to recover land belongs to district-level People’s Committees and provincial-level People’s Committees, each level will have the authority to recover land in each specific case. Therefore, it is necessary to consider the competence in each case of land recovery to send complaints to the right authorized agency.
Regarding decisions: land recovery from organizations, religious establishments, overseas Vietnamese, foreign organizations with diplomatic functions, foreign-invested enterprises, except for recovery of residential land from overseas Vietnamese who are allowed to own houses in Vietnam; agricultural land recovery belonging to the public land fund of communes, wards, and townships. The complainant sends the first complaint to the provincial People’s Committee to request the settlement.
Regarding decisions: land recovery from households, individuals, communities; land recovery from overseas Vietnamese owning houses in Vietnam, the complainant shall send the complaint about the first time to the district-level People’s Committee to request settlement.
The total time for the competent agency to accept and settle complaints about land recovery is 40 days, with a more complicated case, the settlement time may be longer but not more than 45 days from the date of receiving the complaint petition.
In case of the first-time complaint, however, the complainant disagrees with the first-time settlement decision or the complaint is not resolved after the specified time, he/she has the right to complain to the head of the immediate superior of the competent person who settled the first-time complaint.
When there is a decision to recover land but people do not obey and prolong the implementation of the administrative decision, which leads to the decision of the competent state agency to enforce the land acquisition, people can complain about the enforcement of land acquisition. In this case, under Clause 5 Article 71 of the 2013 Land Law, the authority to settle complaints related to enforcement rests with the district People’s Committee. The settlement shall follow the law on complaint.
Example: Mr. A who is 78 years old and has 100m2 of residential land in commune X, district Y, province Z, has been issued a certificate of land use right, and has used the land stably, fulfilled all financial obligations related to the land. Now, the People’s Committee of district Y has issued a decision to recover land on which Mr. A is living. Now Mr. A has no other place to live, he thinks that the People’s Committee’s decision will directly affect his interests. Mr. A will now have the right to file a complaint to the district-level People’s Committee. In case the district People’s Committee does not solve it satisfactorily or does not settle within the time limit prescribed by law, Mr. A can appeal to the People’s Committee of province Z to request settlement.
This is the article advising on “Competence to settle complaints about land recovery” by Apra Law Firm. If you have any questions or concerns, please contact the hotline for further advice and support.
For more information, please contact:
APRA LAW FIRM
Address: 7th Floor, 57 Tran Quoc Toan, Tran Hung Dao Ward, Hoan Kiem District, Hanoi City, Vietnam.
Hotline: 024.23486234 – 0948495885