Defendant in the case where a commune People's Committee officer returns land procedure documents without stating the reason.
Is there a right to sue if the commune People's Committee returns the file without specifying the reason in administrative procedures related to land?
Based on https://lawnet.vn/vb/Nghi-dinh-43-2014-ND-CP-huong-dan-thi-hanh-Luat-Dat-dai-38518.html#dieu_60 Section 2, Article 60 Decree 43/2014/ND-CP (as amended by Clause 19, Article 1 Decree 148/2020/ND-CP) stipulated as follows:
Submission of dossiers and return of results for administrative procedures related to land
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2. The agency receiving the dossier and returning the results of handling land registration procedures and other assets attached to the land; issuance, reissuance, renewal of Certificates is the Land Registration Office or Branch of the Land Registration Office.
Based on specific local conditions, the provincial People's Committee enacts regulations on receiving, transferring files, handling and returning the results of land registration administrative procedures and other assets attached to the land; issuance, reissuance, renewal of Certificates ensuring the time stipulated by law, publicly disclose administrative procedures, and allow the choice of location to submit the dossiers at the Land Registration Office or one of its branches within the provincial jurisdiction or at a location based on the needs of land users or asset owners.
For cases where the Land Registration Office or its branches carry out the reception of dossiers and return the results for handling land registration administrative procedures and other assets attached to the land; issuance, reissuance, or renewal of Certificates based on the needs of land users or asset owners, the time and location for receiving the dossiers and returning the results shall be agreed upon by the requesting individual and the Land Registration Office or its branches, but not exceeding the stipulated procedure time by the provincial People's Committee.
For localities where a Land Registration Office has not been established, the provincial-level Land Use Rights Registration Office shall receive dossiers from organizations, religious establishments, overseas Vietnamese implementing investment projects, foreign organizations, foreign individuals, and businesses with foreign investment; the district-level Land Use Rights Registration Office shall receive dossiers from households, individuals, residential communities, overseas Vietnamese eligible to own houses associated with homestead land use rights in Vietnam.
In cases where households, individuals, or residential communities have the need to submit their dossiers at the commune People's Committee, the commune People's Committee where the land is located shall receive the dossiers and return the results. In case of registration of changes in land, assets attached to the land; renewal or reissuance of Certificates, within 03 days from the date of receiving a complete dossier, the commune People's Committee must transfer the dossier to the Land Registration Office or its branches.
Based on Point c, Clause 5, Article 60 Decree 43/2014/ND-CP (as amended by Clause 19, Article 1 Decree 148/2020/ND-CP) stipulated as follows:
Submission of dossiers and return of results for administrative procedures related to land
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5. The return of results for handling administrative procedures is carried out as follows:
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c) In case the dossier does not meet settlement conditions, the receiving agency is responsible for returning the dossier and clearly stating the reasons for not meeting the settlement conditions.
For cases where households, individuals, or residential communities need to submit their dossiers at the commune People's Committee, the commune People's Committee where the land is located shall receive the dossiers and return the results.
In case the dossier does not meet settlement conditions, the receiving agency is responsible for returning the dossier and clearly stating the reasons for not meeting the settlement conditions.
Thus, if the commune People's Committee assigned to receive the dossier returns the dossier without clearly stating the reasons, the individual has the right to sue because the commune People's Committee did not conform to the regulations for receiving dossiers and returning results for land administrative procedures.
What is the subject of the lawsuit in case the officer of the commune People's Committee returns the dossier without stating the reason in land administrative procedures?
What is the subject of the lawsuit in case the officer of the commune People's Committee returns the dossier without stating the reason in land administrative procedures?
Based on sub-item 2, Item 5 Official Dispatch 206/TANDTC-PC 2022 stipulated as follows:
2. Mr. Tran Van H submitted a dossier for land use right transfer at the People's Committee of commune B in conformity with regulations, but Mrs. Nguyen Thi N, an officer of the People's Committee of commune B assigned to receive the dossier for registration of changes in land use, received the land dossier but returned it to Mr. H without stating the reasons for returning the dossier. Dissatisfied with this dossier return, does Mr. H have the right to sue? If yes, what is the subject of the lawsuit in this case?
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According to the provisions of Clauses 3 and 4, Article 3 of the Administrative Procedures Law 2015, an administrative act is an act of a state administrative agency or a person with authority in a state administrative agency, or an agency or organization entrusted with performing state administrative management, performing or not performing duties or tasks according to the law. The administrative act being sued is the aforementioned act that affects the legitimate rights and interests of the agency, organization, or individual.
Therefore, the reception of dossiers and return of results for land administrative procedures belongs to the functions and duties of the People's Committee of commune B. The return of the dossier by Mrs. N, an officer of the People's Committee of commune B assigned to receive the dossier, without stating the reason for returning the dossier violated the legitimate rights and interests of Mr. H. This is an administrative act of the People's Committee of commune B, not an administrative act of Mrs. N. The subject of the lawsuit in this case is the administrative act of the People's Committee of commune B.
An administrative act is an act of a state administrative agency or a person with authority in a state administrative agency, or an agency or organization entrusted with performing state administrative management, performing or not performing duties or tasks according to the law.
The administrative act being sued is the aforementioned act that affects the legitimate rights and interests of the agency, organization, or individual.
Thus, the reception of dossiers and return of results for land administrative procedures belongs to the functions and duties of the commune People's Committee. The assigned officer of the commune People's Committee returning the dossier without stating the reason violated the legitimate rights and interests of the suing individual. This is an administrative act of the People's Committee of commune B and not the administrative act of the officer of the commune People's Committee. The subject of the lawsuit in this case is the administrative act of the commune People's Committee.
How is the return of results for resolving administrative procedures carried out?
Based on Clause 5, Article 60 Decree 43/2014/ND-CP (as amended by Clause 19, Article 1 Decree 148/2020/ND-CP) stipulated on the return of results for resolving administrative procedures as follows:
- The results of resolving administrative procedures must be returned to the land user or asset owner within no more than 03 days from the date of obtaining the resolution results.
- In case financial obligations related to administrative procedures must be performed, the issuance of the Certificate of Land Use Rights, House Ownership, and other assets attached to the land shall be done after the land user or asset owner submits the proof of completed financial obligations as required; in case of annual land rent payment, the results shall be returned after the land user signs the land lease contract; in case of exemption from financial obligations related to administrative procedures, the results shall be returned after receiving a written confirmation from the competent authority of the exemption.
- In case the dossier does not meet settlement conditions, the receiving agency is responsible for returning the dossier and clearly stating the reasons for not meeting the settlement conditions.
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