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Complaints related to land and houses

When there are reasons to believe that such administrative decisions or acts are contrary to law, infringe upon their lawful rights and interests, land users with interests and rights related to land use shall request competent agencies, organizations, and individuals to reconsider administrative decisions and administrative acts on land management of State administrative agencies and competent persons in administrative agencies.

Complainants may themselves exercise or authorize other persons to exercise the right to complain and denounce. Authorizing to lawyers to make complaints to protect their legitimate rights and interests.

1. Subjects may be subject to complaints :

Subjects of land complaint are administrative decisions or administrative acts on land management, specifically:

  • Decision on land allocation, land lease, land recovery, permission for change of land use purpose
  • Decision on compensation, support, site clearance, and resettlement
  • Decision on grant or revocation of land use right certificate
  • Decision to resolve land and housing disputes
  • Administrative acts regarding land and housing management: slow implementation, improper implementation, non-implementation, causing difficulties for land users when carrying out procedures for granting certificates and changing use purposes land,…

2. Procedures for resolving land complaints

The order and procedures for settling complaints about administrative decisions and administrative acts on land (collectively referred to as procedures for settling land complaints) are not prescribed and implemented in accordance with the 2013 Land Law and guiding documents that comply with the 2011 Law on Complaints.

a. Procedures for first-time settlement of land complaints

Step 1: Submit and receive the complaint

Complainant submits the application and related documents to the person competent to resolve the first complaint. If the complaint falls under its jurisdiction, the competent person receives the application.

Step 2: Acceptance of the application

Within 10 days from the date of receiving the complaint under his / her jurisdiction, the person competent to accept the case shall notify and notify the acceptance of the settlement. In case of refusal, clearly state the reason.

Step 3: Verify the content of the complaint

Step 4: Organize the dialogue

In the process of settling complaints, the first-time complaint settler shall organize a dialogue if the complainant request and the complaint verification results are different.

Step 5: Make a decision to resolve complaints

b. Procedure for second-time settling land complaints

Step 1: Submit and receive applications

Within 30 days after the expiry of the time limit for first-time settlement of a complaint, which has not been resolved or from the date of receipt of the first-time complaint settlement decision, if the complainant disagrees, to a second-time complaint settlement authority.

Step 2: Acceptance of the application

Within 10 working days after receiving a complaint about an administrative decision or an administrative act on land management under its jurisdiction, the second-time complaint is eligible under Section 2.2. Acceptance of settlement.

Step 3: Verify the content of the complaint

Step 4: Organize the dialogue

During the second-time complaint settlement process, the person who handles the complaint or the person in charge of verifying the organization of the dialogue.

Step 5: Make a decision to resolve complaints

However, in fact, the situation of complaints in the field of land and housing is very complicated, requiring very radical and synchronous solutions with the participation of many authorities.

With professional legal knowledge and long experience in the profession, Apolo Lawyers will support clients to make complaints related to land and houses for fast and effective resolution, avoid the situation: the application has not yet been solved for too long, the state agency refuses to handle the request, the complaint and the denunciation are not sent to the competent authority, the content of the complaint is unclear, lack of bases,...

More information can be found on the website: www.apolo.com.vn

An Tran

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