Jurisdiction to resolve 2nd land dispute complaints in Vietnam

Land disputes are one of the most common and complicated disputes, which leads to the fact that decisions to settle land disputes by state agencies always receive attention from the majority of people. Land dispute-related complaints aim to protect the legitimate rights and interests of individuals and organizations when those individuals and organizations believe that administrative decisions and administrative acts are infringing on their rights. For this activity to be carried out effectively, it is necessary to clearly define the jurisdiction to resolve. In the article below, Viet An Law will provide general information about the jurisdiction to resolve 2nd land dispute complaints in Vietnam.

Conditions for complaining about a land dispute related for the second time

Under the Vietnam Land Law 2024 and the Law on Complaints 2011, it can be understood that resolution of land disputes is the work in which competent state agencies, organizations, or individuals, upon request of land users, people with rights and obligations related to land use, review the legality of administrative decisions and administrative acts related to land dispute settlement where the complainant believes that the administrative decisions and acts are illegal and directly infringe upon legitimate rights and interests.

Subject of complaint:

• The complainant must be a land user and holder of land use-related rights and obligations directly affected by the administrative decision or administrative act about which he/she is complaining;
• The complainant must have full legal capacity; have a legal representative to make the complaint in case of complaint through a representative;

The basis for a complaint is that there are grounds to believe that an administrative decision or administrative act on land management is illegal and infringes upon one’s legitimate rights and interests.

The statute of limitations and time limit for complaints is when the statute of limitations and time limit still exists or has expired but has a legitimate reason.

Regarding nature:

• The complaint has not been accepted by the court to resolve.
• There has been no second-time complaint settlement decision and there has been the 1st complaint settlement decision.

Jurisdiction to resolve 2nd land dispute complaints in Vietnam

Pursuant to the provisions of the Land Law and the Law on Complaints, the jurisdiction to resolve land dispute-related complaints for disputes between different subjects and complaints has certain differences. These provisions create favorable conditions for individuals, agencies, and organizations in society to choose the method of protecting their legitimate rights and interests, ensuring objectivity in the process of resolving land disputes.

For disputes arising between households, individuals, and communities

Chairman of Provincial People’s Committee

• Pursuant to Article 203 of the Land Law 2013, the Chairman of the District People’s Committee will be responsible for reviewing his/her administrative decisions and administrative acts for the legality, reasonableness, and administrative decisions of the people under his/her direct management.
• In case of disagreement with the settlement decision, within 30 days from the date of receipt of the settlement decision of the Chairman of the District People’s Committee, the disputing parties have the right to appeal to the Chairman of the Provincial People’s Committee.
• The Chairman of the Provincial People’s Committee, as the head of the direct superior agency, will have the authority to resolve second-time complaints regarding administrative decisions and actions that the Chairman of the District People’s Committee resolved the first-time complaint but the complainant does not agree with the resolution result.

File a lawsuit at the Court

• In case of disagreement with the initial settlement decision, within 30 days from the date of receipt of the settlement decision of the Chairman of the District People’s Committee, the disputing parties have the right to file a lawsuit at the Court by the provisions of the land law and administrative proceedings (file a lawsuit against the land dispute settlement decision).
• Accordingly, individuals, agencies, and organizations have the right, by themselves or through legal representatives, to file a lawsuit against the first-time settlement decision at the Court where the real estate is located.
• The object of the lawsuit is the decision to resolve the land dispute (administrative decision) and contains the conclusion on who has the right to use the disputed land (individual decision).

For disputes in which one party is an organization, religious institution, or Vietnamese living abroad

Minister of Natural Resources and Environment

• Pursuant to Article 203 of the Land Law 2013, the Chairman of the Provincial People’s Committee has the authority to resolve first-time complaints regarding administrative decisions and administrative acts of himself and those under his direct management.
• In case of disagreement with the settlement decision, within 30 days from the date of receipt of the settlement decision, the disputing parties have the right to appeal to the head of the direct superior agency, the Minister of Natural Resources and Environment (because the administrative decision and administrative act of the Chairman of the Provincial People’s Committee have content under the state management authority of the Ministry) for settlement.

File a lawsuit at the Court

• Similar to the case of disputes between households, individuals, and communities, if they do not agree with the settlement decision, within 30 days from the date of receipt of the settlement decision, the disputing parties have the right to file a lawsuit at the Court by the provisions of the law on administrative proceedings for the Court to consider and accept the settlement.
• Accordingly, individuals, agencies, and organizations have the right, by themselves or through legal representatives, to file a lawsuit against the first settlement decision at the Court where the disputed real estate is located.

In particular, in the Land Law 2024, the authority of arbitration in resolving disputes between parties arising from commercial activities related to land has been supplemented by the law. Specifically, pursuant to Clause 5, Article 236 of the Land Law 2024, disputes between parties arising from commercial activities related to land shall be resolved by the Court in accordance with the provisions of the law on civil procedure or by the Vietnam Commercial Arbitration in accordance with the provisions of the law on commercial arbitration. People’s Committees at all levels are responsible for providing dossiers and documents related to land management and use when requested by the Court or the Vietnam Commercial Arbitration as a basis for resolving land disputes.

Comparison of 1st and 2nd land dispute complaints in Vietnam

The settlement of 1st and 2nd complaints has certain differences in terms of criteria regarding authority, documents required for complaint settlement, settlement period, validity of settlement decision, etc. Specifically as follows:

Jurisdiction

The 1st land dispute complaints:

• For disputes arising between households, individuals, and communities: Chairman of the District People’s Committee.
• For disputes in which one party is an organization, religious institution, or Vietnamese person living abroad: Chairman of the Provincial People’s Committee.

The 2nd land dispute complaints:

• For disputes arising between households, individuals, and communities: Chairman of the Provincial People’s Committee/People’s Court.
• For disputes in which one party is an organization, religious institution, or Vietnamese person living abroad: Minister of Natural Resources and Environment.

Required dossier

• First-time land dispute complaints: Complaint form according to Form No. 01 Appendix to Decree 124/2020/ND-CP and related documents.
• Second-time land dispute complaints: Complaint form, first-time complaint settlement decision, and related documents.

The time limit for settlement

First-time land dispute complaints:

• No more than 30 days from the date of acceptance; for complicated cases, it may be extended but not more than 45 days from the date of acceptance.
• In remote areas with difficult access, the processing time shall not exceed 45 days from the date of receipt; for complicated cases, it may be longer but shall not exceed 60 days from the date of receipt.

Second-time land dispute complaints:

• No more than 45 days from the date of receipt; for complicated cases, the complaint settlement period may be longer but not more than 60 days from the date of receipt.
• In remote areas with difficult access, the time limit shall not exceed 60 days from the date of acceptance; for complicated cases, it shall be longer, but not more than 70 days from the date of acceptance.

Effectiveness of the settlement decision

• First-time land dispute complaints: 30 days from the date of issuance if the complainant does not file a second-time complaint; for remote areas with difficult travel, the time limit may be extended but not more than 45 days.
• Second-time land dispute complaints: 30 days from the date of issuance; for remote areas with difficult travel, the time limit may be extended but not more than 45 days.

If you have any related questions or need support from the jurisdiction to resolve 2nd land dispute complaints in Vietnam, please contact Viet An Law for the fastest and most effective support!