Chương 13 Luật đất đai 2013: Giám sát, thanh tra, giải quyết tranh chấp, khiếu nại, tố cáo và xử lý vi phạm pháp luật về đất đai

Chapter XIII

SUPERVISION, INSPECTION, SETTLEMENT OF DISPUTES, COMPLAINTS, DENUNCIATIONS AND HANDLING OF VIOLATIONS OF LAND LAW

Section 1. SUPERVISION, MONITORING AND EVALUATION OF LAND MANAGEMENT AND USE

Article 198. Oversight by the National Assembly, People’s Councils at all levels, Vietnam Fatherland Front and its member organizations of the land management and use

1. The National Assembly and People’s Councils at all levels shall exercise the power to oversee the land management and use in accordance with the Constitution and the Law on Oversight Activities of the National Assembly and the Law on Organization of the People’s Councils and People’s Committees.

2. The Vietnam Fatherland Front and its member organizations shall exercise the power to supervise the land management and use in accordance with the Constitution, the Law on the Vietnam Fatherland Front and other relevant laws.

Article 199. Supervision by citizens of land management and use

1. Citizens have the right to supervise and report on wrongdoings and violations in the land management and use by themselves or through representative organizations.

2. The supervision and reporting must ensure objectivity, honesty and lawfulness. Citizens may not abuse the right to supervise and report to lodge complaints and denunciations illegally or negatively affect social order. Citizens shall take responsibility before law for the accuracy of the information they have reported.

3. The contents of supervision of the land management and use by citizens include:

a/ Formulation, adjustment, publicization and implementation of land use master plans and plans;

b/ Land allocation, land lease, and permission for change of land use purpose;

c/ Land expropriation, compensation, support and resettlement;

d/ Registration of land and land-attached assets, and grant of the certificate of land use rights and ownership of houses and other land-attached assets;

e/ Collection of, exemption from, or reduction of, land use levy, land rental and land-related taxes, and land valuation;

f/ Implementation of administrative procedures related to the rights and obligations of land users.

4. The methods of supervision of the land management and use by citizens include:

a/ Directly exercising the right to supervision through reporting and sending petitions to agencies or persons with settling competence;

b/ Sending petitions to the lawful representative organizations for these organizations to conduct the supervision.

5. Responsibilities of competent state agencies upon receiving opinions from citizens and representative organizations:

a/ To examine, settle and respond to the opinions in writing according to their competence;

b/ To forward the petitions to competent state agencies for settlement, for cases falling beyond their competence;

c/ To notify the results to the reporting organizations or individuals.

Article 200. System of monitoring and evaluation of the land management and use

1. The system of monitoring and evaluation of the land management and use shall be used to evaluate the implementation of the land law, the efficiency of land management and use, and the impacts of land policy and law on the economy, society and environment on both national and local scales.

2. The system of monitoring and evaluation of the land management and use shall be developed based on the land information system and the collection of other information during the implementation of the land law throughout the country, including:

a/ Information on land use master plans and plans, land statistics and inventories, land prices and land taxes; land allocation, land lease, land expropriation, permission for change of land use purpose, grant of the certificate of land use rights and ownership of houses and other land-attached assets; implementation of investment projects using land; observance of the land law; examination, inspection and handling of land-related violations of administrative agencies;

b/ Information on the settlement of disputes and lawsuits over land;

c/ Information from the supervision process of the land law implementation of the National Assembly, People’s Councils at all levels, Vietnam Fatherland Front and its member organizations, other related organizations and people;

d/ Necessary information which needs to be collected by technology solutions including aerial photography from satellites, aircraft and other flying craft, field surveys and other Technical equipment;

dd/ Necessary information from the sociological survey data on land management and use which is obtained from different researches, investigations, surveys and performance of additional sociological investigations when necessary.

3. The agency in charge of natural resources and environment shall manage the monitoring and evaluation system, conduct evaluation of the land law implementation, the efficiency in the land management and use and the impacts of land policy and law on the economy, society and environment on both national and local levels. The evaluation results shall be sent periodically to the Government and the National Assembly.

4. The state agency which archives the information specified in Clause 2 of this Article shall provide information sufficiently, accurately and timely to the agency managing the monitoring and evaluation system. The agency in charge of natural resources and environment shall update the information in the monitoring and evaluation system into the land information system.

5. The monitoring and evaluation system on the land management and use shall be made public for information search by organizations and individuals in accordance with law.

6. The Government shall prescribe in detail the creation and operation of the monitoring and evaluation system on land management and use.

Section 2. INSPECTION, SETTLEMENT OF DISPUTES, COMPLAINTS AND DENUNCIATIONS AND TREATMENT OF VIOLATIONS OF LAND LAW

Article 201. Specialized land inspection

1. Specialized land inspection means inspection activities earned out by competent state agencies toward agencies, organizations and individuals regarding their observance of the land law and professional, technical and management regulations in the field of land.

The Ministry of Natural Resources and Environment shall direct and organize the implementation of specialized land inspection throughout the country.

Local land administration agencies shall organize specialized land inspections in localities.

2. The specialized land inspection includes the following contents:

a/ Inspection of the observance of the land law by People’s Committees at all levels;

b/ Inspection of the observance of the land law by land users and other related organizations and individuals;

c/ Inspection of the observance of professional and technical regulations in the field of land.

3. Specialized land inspectors have the following tasks:

a/ To inspect the observance of the land law by state agencies and land users in land management and use;

b/ To detect, prevent and handle violations of the land law according to their competence or propose the settlement of violations to competent state agencies.

4. The powers and obligations of leaders of inspection teams, inspectors, civil servants performing specialized land inspection, and the procedures for specialized land inspection comply with the inspection law.

Article 202. Conciliation of land disputes

1. The State shall encourage the disputing parties to conciliate themselves or have theừ land disputes settled through grassroots conciliation.

2. In case the self-reconciliation fails, the parties may send a petition to the commune-level People’s Committee of the locality where the disputed land is located, for reconciliation.

3. Commune-level People’s Committee chairpersons shall organize conciliation of land disputes in their localities. In the process of conciliation, they shall coordinate with the commune-level Vietnam Fatherland Front Committee and its member organizations and other social organizations. The conciliation procedures carried out at the commune-level People’s Committees shall be completed within 45 days from the date the commune-level People’s Committees receive a petition for settlement of land dispute.

4. The conciliation process must be recorded in a written record with signatures of all parties and certified by the commune-level People’s Committee on the result, either a successful or unsuccessful conciliation. The conciliation minutes shall then be sent to the involved parties and archived at the commune-level People’s Committee concerned.

5. In case of successful conciliation which results in changes in the boundaries or land users, the commune-level People’s Committee shall send the conciliation minutes to the district-level Division of Natural Resources and Environment, for land disputes among households, individuals and communities, or to the provincial-level Department of Natural Resources and Environment, for other land disputes.

The district-level Division of Natural Resources and Environment or the provincial-level Department of Natural Resources and Environment shall submit the case to the People’s Committee of the same level for decision on recognizing the change in boundaries or renewing the certificate of land use rights, houses and other land-related assets ownership.

Article 203. Authority to settle land disputes

If the conciliation at a commune-level People’s Committee fails, a land dispute shall be settled as follows:

1. The land dispute in which the concerned party possesses a certificate or any of the papers prescribed in Article 100 of this Law and the dispute over land-attached assets shall be settled by the People’s Court;

2. For the land dispute in which the concerned party does not possess a certificate or any of the papers prescribed in Article 100 of this Law, the parties may choose between the following two options of settlement:

a/ Filing a written request for dispute settlement with a competent People’s Committee as prescribed in Clause 3 of this Article;

b/ Filing a lawsuit with a competent People’s Court in accordance with the law on civil procedures;

3. In case the concerned parties choose the option of settlement at a competent People’s Committee, the settlement is as follows:

a/ In case the dispute occurs among households, individuals and communities, the chairperson of the district-level People Committee is responsible for the settlement. If the concerned parties disagree with the settlement decision, they are entitled to lodge a complaint with the chairperson of the provincial-level People’s Committee or to file a lawsuit at a People’s Court in accordance with the law on administrative procedures;

b/ In case the dispute involves one party being an organization, a religious institution, an overseas Vietnamese or a foreign-invested enterprise, the chairperson of the provincial-level People’s Committee is responsible for the settlement. If the concerned parties disagree with the settlement decision, they are entitled to lodge a complaint with the Minister of Natural Resources and Environment or to file a lawsuit with a People’s Court in accordance with the law on administrative procedures;

4. The person having competence to settle the land dispute as prescribed in Clause 3 of this Article shall issue a settlement decision. The legally effective decision on dispute settlement must be strictly abided by the concerned parties. If the parties fail to comply, the decision shall be enforced.

Article 204. Settlement of complaints and lawsuits related to land

1. 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.

2. The order and procedures for settling complaints about administrative decisions or administrative acts related to land comply with the law on complaints. The order and procedures for settling lawsuits against administrative decisions or administrative acts related to land comply with the law on administrative procedures.

Article 205. Settlement of denunciations about land

1. Individuals are entitled to denounce violations of the law on land management and use.

2. The settlement of denunciations about violations of the law on land management and use shall comply with the law on denunciations.

Article 206. Handling of violators of land law

1. Violators of the land law shall, depending on the nature and seriousness of their violations, be administratively sanctioned or examined for penal liability in accordance with law.

2. Those who commit violations of the land law which cause damage to the State or other people, shall be handled in accordance with law and pay compensation for the actual damage caused to the State or to other people.

Article 207. Handling of persons who commit violations of land law while on duty in the field of land

1. Those who commit violations of the land law while on duty shall, depending on the nature and seriousness of their violations, be disciplined or examined for penal liability in accordance with law for the following violations:

a/ Abusing positions and powers to commit illegal acts in land allocation, land lease, change of land use purpose, land expropriation, compensation, support, resettlement, transfer of land use rights, implementation of land use master plans and plans, determination of financial obligations related to land, management of cadastral records, or issuance of administrative decisions in land management;

b/ Lacking responsibility in management which lets violations of land law occur, or committing other acts which cause damage to land resources or the rights and obligations of land users;

c/ Violating regulations on consultation, publicization and publicity of information; violating regulations on administrative order and procedures; violating reporting regulations in land management.

2. The Government shall detail this Article.

Article 208. Responsibilities of chairpersons of People’s Committees at all levels in detecting, preventing and handling violations of law on land management and use

1. Chairpersons of the People’s Committees at all levels shall detect, prevent and promptly handle violations of the law on land management and use in localities.

2. Chairpersons of commune-level People’s Committees shall detect, prevent and promptly handle the illegal transfer of land use rights and change of land use purpose; detect, prevent and promptly handle the construction of facilities on encroached land, occupied land or the land used for improper purposes in their localities, and force the violators to restore the land to the conditions as before the violation was committed.

Article 209. Receipt and handling of responsibility of heads, civil servants or public employees working at land administration agencies at all levels and commune-level cadastral civil servants who violate the order of carrying out administrative procedures

1. Organizations or individuals that detect civil servants or public employees of the land administration agencies at all levels or commune-level cadastral civil servants violating regulations on the order and procedures and terms for land allocation, land lease, permission for change of land use purpose, land expropriation, performance of procedures for exercising the rights of land users, or grant of the certificate, may send a petition to the following competent persons:

a/ For violations committed by commune-level cadastral civil servants, the petition shall be sent to the chairperson of the commune-level People’s Committee;

b/ For violations committed by civil servants or public employees working at a land administration agency, the petition shall be sent to the director of the land administration agency concerned;

c/ For violations committed by the director of a land administration agency, the petition shall be sent to the chairperson of the People’s Committee of the same level.

2. Within 30 days after receiving a petition, the chairperson of the People’s Committee or the head of the land administration agency prescribed in Clause 1 of this Article shall consider and settle the petition and notify the result to the petitioner.