Compilation of 25 judgments on complaints against administrative decisions in the land sector in Vietnam
What is an administrative decision according to the law in Vietnam?
According to Clause 1, Article 3 of the Law on Administrative Procedures 2015 regarding explanations of terms, an "administrative decision" is explained as follows:
“An administrative decision is a document issued by a state administrative agency, organization, or individual authorized to conduct state administrative management, deciding on a specific issue in administrative management activities, applied once to one or several specific subjects.”
Additionally, at Article 30 of the Law on Administrative Procedures 2015 (supplemented by Clause 7, Article 2 of the Revised State Audit Law 2019), the jurisdiction of the Court over complaints is stipulated as follows:
- Complaints against administrative decisions and acts, except for the following:
+ Administrative decisions and acts within the scope of state secrets in defense, security, and diplomacy as per the legal regulations;
+ Decisions and acts of the Court in applying administrative measures and handling acts that obstruct proceedings;
+ Administrative decisions and acts of an internal nature within an agency or organization.
- Complaints against disciplinary decisions to dismiss officials holding positions from Director General and equivalent or below.
- Complaints against decisions to resolve complaints about the handling of competition cases, decisions resolving complaints in state audit activities.
- Complaints against voter lists.
Thus, an administrative decision is a document issued by a state administrative agency or an authorized person in an agency or organization, deciding on a specific issue in administrative management, applied once to one or several subjects.
Compilation of 25 judgments on complaints against administrative decisions in the land sector in Vietnam
|
No. |
Judgment title |
Court |
Trial Date |
|
1 |
Judgment 866/2023/HC-PT on complaints against administrative acts, administrative decisions in the field of land management regarding the issuance of land use rights certificates |
People's High Court in Ho Chi Minh City |
25/09/2023 |
|
2 |
Judgment 675/2023/HC-PT on complaints against administrative decisions in the field of land management |
People's High Court in Ha Noi |
08/09/2023 |
|
3 |
Judgment 406/2018/HC-PT dated 01/10/2018 on complaints against administrative decisions in the field of land |
People's High Court in Ho Chi Minh City |
1/10/2018 |
|
4 |
Judgment 04/2018/HC-PT ngày 07/03/2018 on complaints against the decision approving financial aid, response documents, and compensation claims |
People's Court in Binh Duong province |
07/03/2018 |
|
5 |
Judgment 03/2024/HC-PT on complaints against administrative decisions in the field of land management |
People's Court Binh Dinh province |
25/04/2024 |
|
6 |
Judgment 154/2024/HC-PT on complaints against administrative decisions in the field of land |
People's High Court in Da Nang |
25/04/2024 |
|
7 |
Judgment 339/2024/HC-PT on complaints against administrative decisions in the field of land management |
People's High Court in Ho Chi Minh City |
24/04/2024 |
|
8 |
Judgment 148/2024/HC-PT on complaints against administrative decisions in the field of land management |
People's High Court in D |
23/04/2024 |
|
9 |
Judgment 13/2024/HC-ST on complaints against administrative decisions and acts in the field of land management |
People's Court Binh Dinh province |
22/04/2024 |
|
10 |
Judgment 16/2024/HC-ST on complaints against administrative acts in the field of land management |
People's Court tỉnh B |
15/04/2024 |
|
11 |
Judgment 121/2024/HC-PT on complaints against administrative decisions in the field of land management |
People's High Court in Da Nang |
08/04/2024 |
|
12 |
Judgment 120/2024/HC-PT on complaints against administrative decisions in the field of land management |
People's High Court in Da Nang |
08/04/2024 |
|
13 |
Judgment 01/2024/HC-ST on complaints against administrative decisions and acts in the field of land management |
People's Court tỉnh Bình Phước |
04/04/2024 |
|
14 |
Judgment 115/2024/HC-PT on complaints against administrative acts in the field of land management |
People's High Court in Da Nang |
03/04/2024 |
|
15 |
Judgment 245/2024/HC-PT on complaints against administrative decisions in the field of land management |
People's High Court in H city |
03/04/2024 |
|
16 |
Judgment 243/2024/HC-PT on complaints requesting the cancellation of land use certificates and cancellation of land registration modifications |
People's High Court in Ho Chi Minh City |
3/4/2024 |
|
17 |
Judgment 109/2024/HC-PT on complaints against administrative decisions and acts in the field of land management |
People's High Court in Da Nang |
2/4/2024 |
|
18 |
Judgment 242/2024/HC-PT on complaints against administrative decisions in the field of land management |
People's High Court in H city |
02/04/2024 |
|
19 |
Judgment 110/2024/HC-PT on complaints against administrative decisions in the field of land management |
People's High Court in Da Nang |
02/04/2024 |
|
20 |
Judgment 107/2024/HC-PT on complaints against administrative decisions in the field of land management |
People's High Court in Da Nang |
01/04/2024 |
|
21 |
Judgment 96/2024/HC-PT on complaints against administrative decisions in the field of land management |
People's High Court in Da Nang |
29/03/2024 |
|
22 |
Judgment 95/2024/HC-PT on complaints against administrative decisions in the field of land management |
People's High Court in Da Nang |
28/03/2024 |
|
23 |
Judgment 233/2024/HC-PT on complaints against administrative decisions in the field of land management |
People's High Court in Ho Chi Minh City |
28/03/2024 |
|
24 |
Judgment 85/2024/HC-PT on complaints against administrative decisions in the field of land |
People's High Court in Da Nang |
26/03/2024 |
|
25 |
Judgment 02/2024/HC-PT on complaints against administrative decisions and acts in the field of land management |
People's Court Nam Dinh province |
25/03/2024 |
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