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Detailed Procedures for Filing Complaints and Resolving Land Disputes – Updated 2024

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In the context of rapid urban development and increasing land use demand, land disputes have become a common and complex issue, particularly concerning complaints and resolution of land disputes. The resolution of these disputes not only affects the rights of the involved parties but also impacts social order and security. The complaint procedure regarding land dispute resolution is an important part of the overall process, ensuring the legitimate rights of citizens are protected. The following article provides the most detailed and updated information in 2024 on this procedure—from how to file a complaint to the steps for handling complaints—aiming to support citizens in protecting their lawful rights.

Common Forms of Land Disputes

Detailed Procedures for Filing Complaints and Resolving Land Disputes – Updated 2024

Disputes Between Individuals

These often arise from disagreements over land boundaries, land use rights, or other related rights concerning a land plot.

Disputes Between Individuals and Organizations

For example, disputes between citizens and enterprises during project implementation.

Disputes over Land Use Rights

Issues related to the transfer, lease, or inheritance of land.

Disputes Related to Land Recovery

When the State recovers land for project implementation and citizens do not agree with the decision.

Concept of Complaint Regarding Land Dispute Resolution Decision

Pursuant to the Land Law and the Law on Complaints, a complaint regarding land dispute resolution is understood as the act by land users or persons with rights and obligations related to land use who request the competent authority to review the legality of administrative decisions or administrative acts concerning land dispute resolution affecting their land use rights, in cases where they consider such decisions or acts to have been issued unlawfully and directly infringing upon their legitimate rights and interests.

For example, when resolving land disputes through conciliation at the communal People’s Committee, several decisions may be issued, such as: Decision recognizing successful conciliation, Decision amending land plot boundaries, Decision issuing a new land use right certificate, etc. All these decisions may become the subject of a complaint. The sequence and procedure for resolving complaints against administrative decisions or acts shall be carried out in accordance with the Law on Complaints.

Conditions for Filing a Complaint Regarding Land Dispute Resolution

Detailed Procedures for Filing Complaints and Resolving Land Disputes – Updated 2024

Pursuant to Article 11 of the Law on Complaints 2011 (amended and supplemented in 2021), complainants must satisfy the following conditions to exercise the right to complain about land dispute resolution:

  • The complainant must be the land user or a person with rights and obligations related to land use—the direct subject affected by the administrative decision or act concerning land dispute resolution that is being complained about.
  • The basis for exercising the right to complain is when the complainant considers that their legitimate rights and interests have been infringed by administrative decisions or acts in the field of land management.
  • The complainant must have full civil act capacity; in cases of complaint through a representative, that representative must be a lawful representative acting on behalf of the complainant.
  • The complaint regarding land dispute resolution must not have been accepted by a competent court for resolution, nor have a court judgment or decision been issued.
  • The complainant must file the complaint with the competent authority within the prescribed time limit or statute of limitations for complaints, or in cases where the time limit has expired but for justifiable reasons.

Jurisdiction to Resolve Complaints Regarding Land Dispute Resolution Decisions

Pursuant to Articles 17, 18, and 19 of the Law on Complaints 2011, jurisdiction to resolve complaints in the field of land is determined as follows:

– Chairpersons of People’s Committees at all levels resolve first-instance complaints against administrative decisions in the field of land issued by themselves or by persons directly managed by them;
– Heads of land management agencies and other relevant agencies and units resolve first-instance complaints against administrative decisions in the field of land issued by themselves or by officials and public employees directly managed by them;
– The Minister of Natural Resources and Environment resolves first-instance complaints against administrative decisions issued by himself or by persons directly managed by him;
– Jurisdiction for second-instance complaints regarding land belongs to the Minister of Natural Resources and Environment; Chairpersons of district- and provincial-level People’s Committees; Heads of agencies and units with subordinate units whose heads have resolved first-instance complaints but the resolution decision is not accepted by the land user, who continues to complain to a higher level.

Required Information in a Complaint Petition Regarding Land

The content of a complaint petition regarding a land dispute resolution decision must include the following important information:

  • Date, month, and year of filing the complaint petition.
  • Title of the petition (Complaint Petition Regarding Land Dispute Resolution Decision).
  • Name of the competent authority or person responsible for resolving the complaint.
  • Personal information: Full name, residential address, and telephone number of the complainant.
  • Object of the complaint. In the case of an administrative decision, clearly state the issuing agency, date of issuance, and decision number.
  • Specific details of the case (should be presented clearly, concisely, fully, and truthfully, clearly stating the rights and interests being infringed).
  • Commitment of the complainant.
  • Attached documents and evidence with probative value (such as citizen identity card, land use right certificate, household registration book, etc.).

Related articles:
5 Steps to Resolve Disputes over Land Use Rights Transfer Contracts
Lawyer Consultation on Residential Land Dispute Resolution in Binh Tan District

Sequence and Procedure for Resolving Complaints Regarding Land Dispute Resolution Decisions

Procedure for First-Instance Complaint Resolution

Pursuant to Articles 27, 29, 30, and 31 of the Law on Complaints 2011.

  • Step 1: The complainant submits the petition to the competent authority. The competent authority shall accept the case for resolution and issue a notice of acceptance within 10 working days.
  • Step 2: The competent authority conducts verification or assigns a responsible person to verify the content of the petition.
  • Step 3: The complaint-resolving authority organizes the first dialogue session. The outcome of the dialogue shall serve as a basis for resolving the complaint.
  • Step 4: The competent authority issues a first-instance complaint resolution decision.

Pursuant to Article 32 of the Law on Complaints 2011, within 3 working days from the date of issuing the decision, the complaint-resolving authority must send the first-instance complaint resolution decision to the following parties:

  • The complainant.
  • Individuals and organizations with related rights and obligations.
  • Agencies, organizations, and individuals that transferred the complaint to the state inspectorate at the same level.

If the parties do not agree with the outcome of the first-instance complaint resolution, they may continue with a second-instance complaint or initiate a lawsuit at the competent People’s Court in accordance with litigation procedures.

Procedure for Second-Instance Complaint Resolution

Pursuant to Articles 36, 38, 39, 40, and 41 of the Law on Complaints 2011.

  • Step 1: Acceptance of the case for resolution.
  • Step 2: Within 10 working days from receipt of the complaint petition, if within jurisdiction, the competent authority must accept the case for resolution and send a notice to the complainant.
  • Step 3: If not accepted for resolution, the authority must clearly state the reasons in the notice sent to the complainant.
  • Step 4: Verification of the content of the complaint petition.

The competent complaint-resolving authority shall, based on the nature and content of the complaint, conduct verification and conclude on the complaint content itself, or assign a responsible person to verify the petition content and recommend a resolution.

  • Organization of dialogue.
  • The competent authority issues a complaint resolution decision.
  • Announcement of the complaint resolution decision.

Within 7 days from the date of issuing the complaint resolution decision, the competent complaint-resolving authority must send the decision to the following parties:

  • The complainant.
  • The complained party.
  • The authority that resolved the first-instance complaint.
  • Individuals with related rights and obligations.
  • Agencies, organizations, or individuals that transferred the complaint.

If the parties do not agree with the outcome of the second-instance complaint resolution regarding land dispute resolution, they may file a lawsuit with the competent People’s Court. The resolution procedure shall follow general litigation regulations.

Related articles:
Lawyer Consultation on Land Disputes and Current Types of Land Disputes
Law Firm Providing Online and In-Person Land Consultation in Ho Chi Minh City

Complaint and Land Dispute Resolution Services at BKC Law

The complaint and land dispute resolution service at BKC Law provides professional and dedicated support to clients. We help clients understand their rights and obligations while advising on the necessary steps to resolve disputes effectively. Our experienced team of lawyers will represent you in negotiations, conciliation, or, if necessary, in court proceedings. With the principle of maximizing client interests, BKC Law is committed to delivering optimal and prompt solutions for all land-related issues.

To receive free legal consultation at BKC Law, please contact our lawyers using the following information:

Telephone: 0901 3333 41
Email: info@bkclaw.vn
Branch in District 1: 9th Floor, Diamond Plaza Building, 34 Le Duan Street, District 1, Ho Chi Minh City
Branch in Binh Tan: 41 Ten Lua Street, Binh Tan District, Ho Chi Minh City

Related articles:
Law Firm in Binh Tan District
Latest Updated Fees for Hiring Lawyers for Comprehensive Land Consultation

 

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