Guidance on Initiating Legal Action for Failure to Issue Land Use Rights Certificate on Time
Based on the provisions in Clause 1, Article 31 and Clause 1, Article 115 of the Administrative Procedure Law 2015, in cases where households or individuals are not issued a land use rights certificate within the stipulated time, or have filed a complaint with the competent authorities, but the time limit for resolving the complaint as prescribed by law has expired without resolution, or the complaint has been resolved but they are not satisfied with the resolution, they have the right to file an administrative lawsuit at the district People's Court where the land registration office that received the application for the land use rights certificate is located.
The lawsuit petition must contain the main contents as prescribed in Article 118 of the Administrative Procedure Law 2015, including:
- Date of the petition;- The court requested to handle the administrative case;- Names, addresses, phone numbers, fax numbers, email addresses (if any) of the petitioner, the defendant, and parties with related rights and obligations;- Brief summary of the administrative act (brief summary of the failure to issue the land use rights certificate on time);- Content of the complaint resolution decision (if any);- Requests for the court's resolution;- Declaration that there are no simultaneous complaints to the competent authorities for resolving the complaint.
The petition must be accompanied by documents and evidence proving that the legal rights and interests of the petitioner have been infringed.
Regarding the method of filing a lawsuit: citizens may submit the lawsuit petition and accompanying documents and evidence to the competent court to handle the case through one of the following methods:
- Direct submission at the court.- Submission via postal service.- Online submission through the court's electronic information portal (if available).
Please proceed with the litigation procedure as stipulated above.
Respectfully!