LAND DISPUTE SETTLEMENT
KEY CONTENT
1. Procedures for first-time settlement of land complaints for households, individuals and organizations.
2. Procedures for second-time settlement of land complaints for households, individuals and organizations
1. Procedures for first-time settlement of land complaints for households, individuals and organizations.
Complaint form:
Citizens can complain by written form or directly to the state agency they want to complain about.
If the complaint is made in writing:
If people complain in writing, the content of the petition must clearly state the following information:
- Date, month, year of complaint;
- Name and address of the complainant;
- Name and address of the complained agency, organization or individual;
- Contents, reasons for complaint, documents related to complaint content and request for settlement of the complainant.
If the complaint is made in person:
When the complainant makes a complaint, the complaint handling officer instructs the complainant to write a written application. In case they cannot write the application, the complaint-handling person records the contents of their complaint request.
First-time complaint procedures
The first is to submit an application.
- The complainant sends the application and related documents (if any) to the person competent to settle the first complaint.
- If the complaint falls within his/her jurisdiction, the competent person shall receive the complaint.
- Next is the application processing.
- Within the prescribed time, from the date of receipt of a complaint under his/her jurisdiction, the person competent to accept the settlement and notify the acceptance of the settlement, in case the competent person accepts the complaint If the complaint is not accepted for settlement, the reason shall be clearly stated to the complainant.
Verification of the complaint
Persons competent to settle complaints shall be responsible for performing the following tasks:
- To re-examine administrative decisions and administrative acts of their own and those of responsible persons under their direct management. If the complaints are correct, they shall issue decisions to settle complaints immediately;
- In case there is no basis for concluding the complaint contents, they shall conduct the verification by themselves or assign the person responsible for verification to verify the complaint content or petition for settlement of the complaint.
- Organize dialogues, meet directly with complainants and people concerne.
It is necessary to organize a dialogue, if the complaint is inconsistent with the results of the verification that the competent persons to verify, the purpose of this dialogue is to clarify the matter under complaint, thereby have grounds and grounds to settle the complaint.
- The dialogue must be recorded in writing.
- Finally, making a decision to resolve the dialogue.
- The first-time complaint settler must issue a complaint settlement decision for the complainant.
Submit complaint settlement results:
- Within the prescribed time limit, from the date of issuance of the complaint settlement decision, the first-time complaint settler shall have to send the complaint settlement decision to the following persons:
- The complainant;
- Heads of immediate superiors or competent persons, persons with related rights and obligations, agencies, organizations and individuals to which complaints have been forwarded;
- State inspection agency at the same level.
2. Procedures for settling land complaints for the second time for households, individuals and organizations.
Applications submission and receipt
- Within the prescribed time limit, from the date of expiration of the time limit for first-time complaint settlement, which has not yet been settled or from the date of receipt of the first-time complaint settlement decision but the complainant disagrees, the complainant has the right to lodge a complaint to the person competent to settle the second complaint.
- The second complaint file must contain the following documents:
- Complaint letter;
- The decision to settle the first complaint;
- Relevant documents for the person competent to settle the second complaint.
Application handling
- Within the prescribed time limit, from the date of receipt of complaints about administrative decisions or administrative acts on land management falling under the settlement competence, if the second-time complaints are fully qualified, they must be accepted for settlement. In case of failure to settle, the reason must be informed to the complainant.
People are making complaints about land at the competent authority
Verify the content of the complaint for the second time
Persons competent to settle complaints for the second time based on the content and nature of the complaint, personally verify and conclude the complaint contents or assign the person responsible for verifying the complaint content and recommendations for settlement of complaints.
Persons competent to settle complaints organize dialogues
- During the second complaint settlement process, the complaint settler or the person in charge of verification shall hold a dialogue to clarify the issues requested by the complainant, or need to compare and contrast if the contents are not clear and in conflict with verification.
- Making a decision to settle the second complaint
- The second-time complaint settler must issue a complaint settlement decision and within the specified time, from the date of the complaint settlement decision, the second-time complaint settler must send the complaint settlement decision to:
- Complainant;
- Defendant;
- First-time complaint settlers;
- Persons with related rights and obligations;
- Competent agencies, organizations and individuals to forward complaints to.
Finally, if the complainant disagrees with the result of the second complaint, he/she can initiate an administrative lawsuit to the Court in accordance with law.
