Chapter XII
SETTLEMENT OF LAND-RELATED DISPUTES, COMPLAINTS
Article 159.- Conciliation of land disputes
1. The land disputing parties must take initiative in meeting each other for conciliation among themselves; if failing to reach mutual agreement, they shall go through grassroots conciliation for settlement of their land disputes.
2. Where the disputing parties cannot make conciliation, they shall file applications to the People's Committees of the communes, wards or townships where exist the disputes for conciliation. The conciliation must be recorded in writing with signatures of the parties and certification of successful or unsuccessful conciliation by the commune, ward or township People's Committees.
The conciliation records shall be sent to the disputing parties and kept at the People's Committees of the communes, wards or townships where exists the disputed land.
3. For case of successful conciliation entailing the changes in the current land boundaries and/or land users, the commune, ward or township People's Committees shall send the conciliation records to the district-level Natural Resources and Environment Sections, for land disputes among households, individuals, population communities; or to the provincial/municipal Services of Natural Resources and Environment for other cases.
The district-level Natural Resources and Environment Sections and the provincial/municipal Natural Resources and Environment Services shall report thereon to the People's Committees of the same level for decision on recognition of changes in the land plot boundaries and granting of new land use right certificates.
Article 160.- Competence to settle land disputes in cases where the disputing parties do not have papers on the land use rights
For land disputes where the disputing parties do not have the land use right certificates or any of the land use right papers prescribed in Clauses 1, 2 and 5, Article 50 of the Land Law, the disputing parties shall file their applications to administrative agencies for settlement. The administrative agencies of all levels shall settle land disputes according to the following regulations:
1. The presidents of the People's Committees of rural districts, urban districts, provincial capitals or towns shall settle land disputes among households, individuals or population communities.
In case of disagreeing with the settling decisions of the presidents of People's Committees of rural districts, urban districts, provincial capitals or towns, the disputing parties may file their applications for land dispute settlement to the presidents of provincial/municipal People's Committees; the land dispute-settling decisions of the provincial/municipal People's Committee presidents shall be the final ones.
2. The provincial/municipal People's Committee presidents shall settle land disputes among organizations, religious establishments, overseas Vietnamese, foreign organizations, foreigners or between organizations, religious establishments, overseas Vietnamese, foreign organizations or foreigners and households, individuals or population communities.
In case of disagreeing with the settling decisions of presidents of provincial/municipal People's Committees, the disputing parties may file their applications for land dispute settlement to the Ministry of Natural Resources and Environment; the land dispute-settling decisions of the Minister of Natural Resources and Environment shall be the final ones.
Article 161.- Grounds for settling land disputes in cases where the disputing parties do not have land use right papers
The land disputes where the disputing parties do not have land use right certificates or any of the land use right papers prescribed in Clauses 1, 2 and 5, Article 50 of the Land Law shall be settled on the following grounds:
1. The evidences of land origin and land use course, presented by the disputing parties.
2. Opinions of the commune, ward or township land dispute settlement advisory councils set up by commune, ward or district People's Committees, each comprising:
a) The president or a vice president of the commune, ward or township People's Committee as its chairman;
b) The representative of the commune, ward or township Vietnam Fatherland Front Committee;
c) The leaders of population groups, for urban areas; chiefs of villages, hamlets, for rural areas;
d) Representatives of a number of households living for a long time in the commune, ward or district township, who know clearly the origins and course of using such land plots;
e) The commune, ward or township cadastral personnel and justice officials.
3. The actual land areas being used by the disputing parties outside the land areas being on dispute and the average land area for each family member in the locality.
4. The compatibility of the current use of the land plots being on dispute with the approved detailed land use planning.
5. The State's policies on preferential treatment of people with meritorious services to the country.
6. The law provisions on land assignment, land lease.
Article 162.- The complained administrative decisions or administrative acts
1. The complained administrative decisions in land management shall include:
a) Decisions on land assignment, land lease, land recovery or requisition, land use purpose change permission;
b) Decisions on compensation, support, ground clearance, resettlement;
c) Granting or withdrawal of land use right certificates;
d) Decisions on the land use duration extension.
2. The complained administrative acts in land management are acts committed by officials or State employees while settling matters within the scope prescribed in Clause 1 of this Article.
Article 163.- Order of settling complaints about administrative decisions of People's Committees of rural districts, urban districts, provincial capitals or towns; administrative acts of officials and employees of the commune, ward or township People's Committees, of district-level Natural Resources and Environment Sections, of the People's Committees of rural districts, urban districts, provincial capitals or towns.
1. Within thirty (30) days after the People's Committees of rural districts, urban districts, provincial capitals or towns issue administrative decisions in land management or officials and/or employees of commune, ward or township the People's Committees, district-level Natural Resources and Environment Sections or of People's Committees of rural districts, urban districts, provincial capitals or towns commit administrative acts in handling matters related to land management, if the persons with related interests and obligations disagree with such administrative decisions or acts, they may file their complaints to the People's Committees of rural districts, urban districts, provincial capitals or towns.
2. The presidents of the People's Committees of rural districts, urban districts, provincial capitals or towns shall have to settle complaints within the time limits prescribed in the Law on Complaints and Denunciations.
The settling decisions of the presidents of the People's Committees of rural districts, urban districts, provincial capitals or towns must be publicized and sent to the complainants as well as other persons with related interests and obligations.
3. Within forty five (45) days as from the date of issuance of the settling decisions of the presidents of the People's Committees of rural districts, urban districts, provincial capitals or towns, if the complainants disagree with such settling decisions, they may initiate lawsuits at people's courts or lodge complaints to provincial/municipal People's Committees.
In cases where complaints are lodged to provincial/municipal People's Committees, the presidents of the provincial/municipal People's Committees shall have to settle the complaints within the time limits prescribed in the Law on Complaints and Denunciations. The complaint-settling decisions of the provincial/municipal People's Committee presidents shall be the final ones, which must be publicized and sent to the complainants and other persons with related interests and obligations.
4. The complaint-receiving agencies shall have to note them down in the complaint settlement-monitoring books.
Article 164.- Order of settling complaints about administrative decisions of Natural Resources and Environment Services or People's Committees of provinces or centrally run cities; administrative acts of officials or employees of provincial/municipal Natural Resources and Environment Services or provincial/municipal People's Committees
1. Within thirty (30) days as from the date the Natural Resources and Environment Services or People's Committees of provinces or centrally run cities issue administrative decisions in land management or officials or employees of the Natural Resources and Environment Services or the People's Committees of provinces or centrally run cities commit administrative acts in handling matters related to land management, if the persons with related interests and obligations disagree with such administrative decisions or administrative acts, they may file their complaints to the provincial/municipal People's Committees.
2. The provincial/municipal People's Committee presidents shall have to settle the complaints within the time limits prescribed in the Law on Complaints and Denunciations.
The provincial/municipal People's Committee presidents' complaint-settling decisions must be publicized and sent to the complainants and other persons with related interests and obligations.
3. Within forty five (45) days as from the date of issuance of the settling decisions of the provincial/municipal People's Committee presidents, if the complainants disagree with such settling decisions, they may initiate lawsuits at people's courts.
4. The complaint-receiving agencies shall have to inscribe them in the complaint settlement-monitoring books.
Article 165.- Settlement of complaints about administrative decisions, administrative acts related to land management, which do not fall within the cases prescribed in Article 162 of this Decree
The settlement of complaints about administrative decisions, administrative acts related to land management, which do not fall within the cases prescribed in Article 162 of this Decree, shall comply with law provisions on complaints and denunciations.
Tìm kiếm
Nghị định 181/2004/NĐ-CP (Bản Word)