CLAIMS, COMPLAINTS AND LAND

Complaints and claims on land are always subject 'hot' on the report and Parliament in recent years. As reported by the National Assembly Standing Committee, in 528 cases backlog stretching, complaints about land is 422 cases (representing 79.9%). In it, there are cases lasting over 20 years, through many levels, many sectors and most have up to 3 to 4 administrative decisions but due to dissatisfaction with the decision should people continue to petition higher level.

Can easily feel 'heat' of the problem through statistical inquiry content on electronic information pages of some mainstream sites such as electronic portal of the Government; Land Management General Department - Ministry of Natural Resources and Environment; Web portal of People's Committees of provinces and districts with high urbanization rate (such as Hanoi, Ho Chi Minh, ...), ...

However, when conducting the complaint procedure, complaints related to the land, in view of Ha Do Lawyers Law firstly complainants, petitioners need to understand the provisions of the law on the rights and responsibilities Services of land users. 2013 Land Law stipulates a general right of the people of the land as "Complaints and denunciations and lawsuits on the violation of land use our legal and other acts of law violation land "(Article 166 - Land Law 2013).

Complain land, land disputes

 For land disputes, the parties necessarily through mediation. The difference between the Land Law in 2013 compared with the legal provisions of the previous land jurisdiction to resolve land disputes is "Land disputes which the parties have no certificate, or no one the documents stipulated in Article 100 of the Law, the applicant selected only one of the two forms of dispute resolution: (i) submission of applications for dispute resolution in the People's Committees of the competent authorities; or (ii) initiate lawsuits at people's courts have jurisdiction under the provisions of the law on civil procedure "(Article 203 - Land Law 2013). The selection forms of settlement in this case requires litigants: to analyze and assess the legal records; knowledgeable settlement procedures at the People's Committees competent and settlement procedures in the court under the provisions of the law on civil procedure. Thereby, interested parties can decide the best method to solve for themselves.

Lawsuits, complaints Land

For decisions or administrative acts on the land management of state agencies, when there is sufficient basis "land users, who have the rights and obligations relating to land use rights complaints and launch facilitate administrative decisions or administrative acts on land management "(Article 204 - Land Law 2013). However, to implement this right requires the conduct must have knowledge and practical experience to solve the case to be able to handle issues relating to the statute of limitations, the time limit and the situation at the agency State authority.

In view of Ha Do Lawyers Law, to solve this problem is very complex in practice, usually need to prepare a full record, analyze and evaluate carefully the legal basis before the incident . Because, if there is no practical experience, just a small oversight can also take the case to the state of disorientation and making progress with prolonged treatment.

petitioners crowded disorderly

To get accurate advice and timely, you can contact directly with Ha Do Lawyers Law under 24/7 call center consulting: 1900 62 80

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