07/10/2022 10:02

05 judgments on complaints about administrative decisions in the field of land in Vietnam

05 judgments on complaints about administrative decisions in the field of land in Vietnam

Land acquisition and compensation for land acquisition are still quite complicated issues in judicial practice in Vietnam. Most of the compensation due to land acquisition does not meet the expectations of the people, because the land price calculated according to the law is lower than the market price. Therefore, most cases of people suing administrative decisions on land, especially the issue of land acquisition, are not resolved by the Court as desired. As a result, people need to understand the regulations related to this issue to consider before suing for administrative decisions on land in order to avoid wasting time and money as well as protect legitimate interests.

The following is a summary of 05 judgments on lawsuits against administrative decisions in the field of land, please read for reference:

1. Judgment on appeals against administrative decisions in the field of land No. 82/2021/HC-ST

- Level of trial: First instance

- Judicial body: Hanoi People's Court

- Summary of the case: In 1981, Mr. Nguyen Van T's family was allocated agricultural land by YN Cooperative (including rice cultivation land, cropland, and high living area) for production according to the household economic model with an area: of 2,848m2. In 2001, his family was granted a certificate of land use right by the People's Committee of Tu Liem District No. 01142.QSDD/1688 with an area of ​​2,320m2 including 06 land plots. On April 11, 2016, BTL District People's Committee issued Decision No. 1375/QD-UBND to recover 348m2 of family land allocated to implement the Hanoi Bio-Tech Park project in LM ward along with Decision No. 1446 /QD- People's Committee on approving compensation and support plans. Disagree with the compensation plan, support Mr. T to make a complaint. On July 29, 2016, he received Decision No. 3386/QD-UBND of the Chairman of BTL District People's Committee on the settlement of a complaint with the content of maintaining Decision No. 1375/QD-UBND and Decision No. 1446/ QD-UBND dated April 11, 2016 on land acquisition and approval of detailed compensation and support plans for Mr. T's family. Disagreeing with Decision 3386/QD-UBND, Mr. T continued to complain to Mr. T. Chairman of Hanoi People's Committee. On July 5, 2019, Mr. T received Decision No. 6908/QD- People's Committee of the Chairman of Hanoi People's Committee dated December 15, 2016 with the content agreeing with Decision 3386/QD-UBND dated July 29. 2016 by Chairman of BTL District People's Committee.

- Judgment of the Court: Rejecting the petition of Mr. Nguyen Van T

2. Judgment on lawsuits against administrative decisions in the field of land No. 84/2021/HC-ST

- Level of trial: First instance

- Judicial body: Hanoi People's Court

- Summary of the case: In 1981, Mr. Nguyen Van L's family was allocated agricultural land by YN Cooperative (including rice cultivation, cropland and high living area) for production according to the household economic model (certified by YN cooperative) with an area of 1,299m2. In 2000, his family was granted a certificate of land use right by the Tu Liem District People's Committee with an area of ​​1,058m2. On April 11, 2016, BTL District People's Committee issued Decision No. 1370/QD-UBND to recover 12m2 of land (in land plot number 547) to implement the project of HN Bio-Tech Park in LM ward. On the same day, his family received Decision No. 1441/QD- People's Committee approving the compensation and support plan. Disagree with the compensation plan, support Mr. L to make a complaint. On July 29, 2016, he received the Decision No. 3102/QD-UBND of the Chairman of the BTL District People's Committee on the settlement of a complaint with the content of maintaining Decision No. 1370/QD-UBND and Decision No. 1441/ QD-UBND dated April 11, 2016 on land acquisition and approval of detailed compensation and support plan for Mr. L's family. Disagreeing with Decision 3102/QD-UBND, Mr. L continued to complain to Mr. L. Chairman of Hanoi People's Committee. On July 5, 2019, Mr. L received Decision No. 6884/QD-UBND of the Chairman of Hanoi People's Committee dated December 15, 2016 with the content agreeing with Decision 3102/QD-UBND dated 29 July 2016 by the Chairman of BTL District People's Committee.

- Judgment of the Court: Rejecting the petition of Mr. Nguyen Van L

3. Judgment on lawsuits against administrative decisions in the field of land No. 85/2021/HC-ST

- Level of trial: First instance

- Judicial body: Hanoi People's Court

- Summary of the case: In 1981, Mr. Nguyen Van Q's family was allocated an area of ​​agricultural land by the YN Cooperative (including rice cultivation, cropland, and high living area) for production according to the household economic model (certified by YN cooperative) with area: 1,958m2. In 2001, his family was granted a certificate of land use right by the People's Committee of TL District with an area of ​​1,286m2. On April 11, 2016, BTL District People's Committee issued Decision No. 1328/QD-UBND to recover 672m2 of family land allocated to implement the Hanoi Bio-Tech Park project in LM ward along with Decision No. 1399/QD-UBND on approving detailed compensation and support plans. Disagree with the compensation plan, support Mr. Q to make a complaint. On July 29, 2016, he received Decision No. 3068/QD-UBND from the Chairman of the BTL District People's Committee on the settlement of a complaint with the content of keeping Decision No. 1328/QD-UBND and Decision No. 1399/ QD-UBND dated April 11, 2016 on land acquisition and approval of detailed compensation and support plan for Mr. Q's family. Disagreeing with decision 3068/QD-UBND, Mr. Q continued to complain to Mr. Q. Chairman of Hanoi People's Committee. On July 5, 2019, Mr. Q received Decision No. 6881/QD-UBND of the Chairman of Hanoi People's Committee dated December 15, 2016 with the content agreeing with Decision 3068/QD-UBND dated July 29. 2016 by Chairman of BTL District People's Committee.

- Court's decision: Rejecting the petition of Mr. Nguyen Van Q

4. Judgment 03/2020/HC-ST dated May 5, 2020 on complaints about administrative decisions in the field of land

- Level of trial: First instance

- Judicial body: People's Court of Thai Nguyen province

- Summary of the case: Mr. Nguyen Van C's father, Mr. Nguyen Van N2 and his mother, Mrs. Phan Thi X (while still alive) were granted the Land Use Right Certificate No. series D 0099466 dated August 17, 1994, including plots according to map 299. Mr. Nguyen Van N2 died in 1993, Ms. Pham Thi X died in 1996 without leaving a will. In 1999, the People's Committee of City T granted the above-mentioned 4 land parcels to Ms. Nguyen Thi B without a will, without a written agreement on the division of the estate, forcing his family to complain to state agencies and filed a lawsuit at the Administrative Court, the People's Court of T province. In the process of his family's complaint that the issuance of the land use right certificate to Mrs. Nguyen Thi B was incorrect, in 2011 the People's Committee of T city revoked its 3 plots of land and compensate Ms. Nguyen Thi B to assign Song Da Company to implement the project of Urban Area of ​​Xuong Rong Lake. His family did not agree, there were many documents sent to the People's Committee of Ward P, the Center for Land Fund Development, City T, and the People's Committee of City T to settle, but it was still not resolved, so they filed a lawsuit to the Court. the people of province T to settle.

- Judgment of the Court: Rejecting the entire petition of Mr. Nguyen Van C

5. Judgment 05/2020/HC-ST dated 24/02/2020 on lawsuits against administrative decisions in the field of land

- Level of trial: First instance

- Judicial body: People's Court of Bac Giang province

- Summary of the case: The origin of 1995m2 in D hamlet, Th town, SD district was left by his father Nguyen Ba Ph when he was wild from the 1970s and earlier and left it to his family, he used it stably, not In 2004, the district People's Committee issued a certificate of land use right. Implementing the project of renovating and upgrading provincial road 293, the section from Th town to Long Son commune, his family agreed.

On December 16, 2016 the People's Committee of the district SG sent a working group to his family to count the assets on the recovered land, then issued a decision on land recovery, a decision on approval of the compensation plan. Disagreeing with the compensation plan, Mr. Nguyen Ba Ph filed a complaint about this. The Chairman of the district People's Committee did not accept his complaint. On November 27, 2018, he complained against the decision of the Chairman of the District People's Committee, District. The Chairman of the People's Committee of Bac Giang province also did not accept his request.

- Judgment of the Court: Rejecting the entire petition of Mr. Nguyen Ba Ph.

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Phuong Uyen
22


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