Administrative case "Appeal against the decision on compensation, support, and resettlement when the state recovers land" announced according to Decision 698/QD-CA dated October 17, 2016, by the Chief Justice of the Supreme People's Court.
Article table of contents
Case Law No. 10/2016/AL
Ratified by the Council of Judges of the Supreme People’s Court on October 17, 2016, and promulgated according to Decision No. 698/QD-CA dated October 17, 2016, of the Chief Justice of the Supreme People’s Court.
Source of the Case Law:
Cassation Decision No. 08/2014/HC-GDT dated August 19, 2014, of the Council of Judges of the Supreme People’s Court regarding the administrative lawsuit “Contest a compensation, support, and resettlement decision when the state revokes land” in Vinh Long province between the claimant Mrs. Vo Thi Luu and the defendant Vinh Long Provincial People’s Committee.
Position of the Case Law Content:
Paragraph 1, section “Considering” of the above-mentioned cassation decision.
Overview of the Case Law Content:
- Scenario of the Case Law:
A decision of the Provincial People’s Committee approving a support and resettlement plan includes references to another document, which directly impacts the rights and interests of the claimant.
- Legal Solution:
In this case, the content of the referenced document belongs to an administrative decision, and such administrative decision is the subject of contesting in an administrative lawsuit.
Legal Provisions Related to the Case Law:
- Clause 1, Article 3 and Clause 1, Article 28 of the 2010 Administrative Procedure Law (corresponding to Clause 1, Article 3 and Clause 1, Article 30 of the 2015 Administrative Procedure Law);
- Articles 41, 42 of the 2003 Land Law;
- Decree No. 197/ND-CP dated December 3, 2004, of the Government of Vietnam on compensation, support, and resettlement when the State revokes land;
- Decree No. 69/2009/ND-CP dated August 13, 2009, of the Government of Vietnam supplemental regulations on land use planning, land prices, land revocation, compensation, support, and resettlement.
Keywords of the Case Law:
“Administrative Decision”; “Subject of an administrative lawsuit”; “Land Revocation”; “Compensation and Resettlement for the person whose land is revoked.”
CASE CONTENT
On April 7, 2008, the People's Committee of Vinh Long province issued Decision No. 567/QD-UBND to approve the overall plan for compensation, support, and resettlement of the project to construct the Agricultural Livestock Breed Farm of Vinh Long province in Tan An Luong commune, Vung Liem district, with the content:
“Approve the overall plan for compensation, support, and resettlement of the project to construct the Agricultural Livestock Breed Farm of Vinh Long province:
Total estimated land area to be revoked: 122,909m2
Total estimated compensation value: 7,342,730,000 VND.”
On September 17, 2008, the People's Committee of Vinh Long province issued Decision No. 1768/QD-UBND with the content: Revoke 117,863.1m2 of land in Tan An Luong commune, Vung Liem district, managed and used by households, individuals, and organizations for the Agricultural Livestock Breed Farm project and authorize the People's Committee of Vung Liem district to decide on the land revocation.
On October 2, 2008, the People's Committee of Vung Liem district issued Decision No. 2592/QD-UBND with the content: Revoke 2,353.1m2 of land of Mrs. Vo Thi Luu, plot number 222, rice cultivation land type, located in Rach Coc hamlet, Tan An Luong commune, Vung Liem district, to construct the Agricultural Livestock Breed Farm of Vinh Long province.
On December 1, 2008, the Compensation, Support, and Resettlement Committee of Vung Liem district conducted a survey and inventory of houses, land, plants, and structures of households affected by the project to construct the Agricultural Livestock Breed Farm of the province.
On May 15, 2009, the Department of Finance of Vinh Long province sent Official Dispatch No. 177/TTr.STC to the People's Committee of Vinh Long province requesting approval of the site clearance compensation plan for the Agricultural Livestock Breed Farm of the province, in which Mrs. Luu's household was compensated about the land in the amount of 155,155,000 VND (according to the decision, the compensation price for Mrs. Luu’s land was 50,000 VND/m2); compensated for assets on land, livelihood stabilization, and vocational training in the amount of 19,286,200 VND; total amount was 174,441,200 VND.
On June 4, 2009, the Chairman of the People's Committee of Vinh Long province issued Decision No. 1216/QD-UBND approving the compensation, support, and resettlement plan of the project to construct the Agricultural Livestock Breed Farm of the province in Tan An Luong commune, Vung Liem district, with the content:
“Article 1. Approve the compensation, support, and resettlement plan of the project: Agricultural Livestock Breed Farm of the province, in Tan An Luong commune, Vung Liem district;
- Total compensation, support, and resettlement value: 9,467,085,000 VND, including:
- Compensation, support value for land: 8,071,914,000 VND
- Value of houses and structures: 161,560,000 VND
- Value of plants: 273,152,000 VND
- Other support items: 654,600,000 VND
- Other fees (2% council fees, land measurement fees): 305,859,000 VND
- Funding: From the total project estimate paid by the project owner;
Article 2. Based on Article 1 of this Decision, the Director of the Department of Finance, the Chairman of the People's Committee of Vung Liem district, the Compensation, Support, and Resettlement Committee of Vung Liem district are responsible for:
- The Chairman of the People’s Committee of Vung Liem district directs the Compensation and Resettlement Committee of Vung Liem district to organize the correct compensation payment according to current State regulations and clear the site for the construction unit,
- The Director of the Department of Finance is responsible to the People's Committee of the province for the accuracy of the data, quantities, and unit prices in Official Dispatch No. 177/TTr.STC dated May 15, 2009.”
Disagreeing with the above decision, Mrs. Luu filed a complaint requesting an increase in compensation.
On October 28, 2009, the Chairman of the People’s Committee of Vung Liem district issued Decision No. 2023/QD-UBND, not accepting Mrs. Luu's complaint.
On August 8, 2011, Mrs. Luu filed a lawsuit at the People's Court of Vinh Long province requesting the annulment of Decision No. 1216/QD-UBND dated June 4, 2009, of the People’s Committee of Vinh Long province regarding the valuation and compensation part; requesting to reconsider and raise the land compensation to the market price at the location where the land was revoked.
In the First Instance Administrative Judgment No. 12/2012/HC-ST dated December 18, 2012, the People's Court of Vinh Long province dismissed Mrs. Vo Thi Luu's lawsuit request.
On December 29, 2012, Mrs. Luu filed an appeal.
In the Appeal Administrative Judgment No. 96/2013/HCPT dated April 25, 2013, the Appellate Court of the Supreme People’s Court in Ho Chi Minh City annulled the First Instance Administrative Judgment No. 12/2012/HC-ST dated December 18, 2012, of the People’s Court of Vinh Long province and suspended the case resolution.
On June 28, 2013, the People’s Committee of Vinh Long province sent Official Dispatch No. 1816/UBND-NC and on August 2, 2013, the Judicial Committee of the People's Court of Vinh Long province sent Official Dispatch No. 547/TAT-HC requesting the cassation review of the above Appeal Administrative Judgment.
In the Decision No. 05/2014/KN-HC dated March 5, 2014, the Chief Justice of the Supreme People’s Court appealed the Appeal Administrative Judgment No. 96/2013/HC-PT dated April 25, 2013, of the Appellate Court of the Supreme People’s Court in Ho Chi Minh City; requested the Council of Judges of the Supreme People’s Court to conduct a cassation hearing, annul the above Appeal Administrative Judgment, and return the case files to the Appellate Court of the Supreme People’s Court in Ho Chi Minh City for re-hearing.
At the cassation hearing, the representative of the Supreme People’s Procuracy agreed with the appeal of the Chief Justice of the Supreme People’s Court.
The Council of Judges of the Supreme People’s Court held:
According to Article 2 of Decision No. 1216/QD-UBND dated June 4, 2009, of the People’s Committee of Vinh Long province approving the compensation, support, and resettlement plan of the Agricultural Livestock Breed Farm project of the province stipulates “The Director of the Department of Finance is responsible to the People’s Committee of the province for the accuracy of the data, quantities, and unit prices in Official Dispatch No. 177/TTr.STC dated May 15, 2009.” According to Official Dispatch No. 177/TTr dated May 15, 2009, of the Department of Finance, the specific compensation for Mrs. Luu's household is stipulated, so the approval part directly, specifically impacts the rights and interests of Mrs. Luu's household, making it the subject of contesting in an administrative lawsuit.
Therefore, the People’s Court of Vinh Long province accepted to resolve Mrs. Luu's lawsuit request concerning the compensation support for her family in Decision No. 1216/QD-UBND dated June 4, 2009, in accordance with Clause 1, Article 3 and Clause 1, Article 28 of the Administrative Procedure Law. However, the trial court did not clarify the purpose of land revocation for constructing the Agricultural Livestock Breed Farm of Vinh Long province being a state or private economic establishment to serve as a basis for resolving compensation and support when revoking Mrs. Luu's family's land according to the law.
Mrs. Luu appealed requesting to be compensated for land at market price. In this case, the appellate court had to consider Mrs. Luu's appeal on the compensation and support when revoking her family’s land for compliance with the law, but erroneously concluded that Decision No. 1216/QD-UBND dated June 4, 2009, of the People’s Committee of Vinh Long province was a general decision, not the subject of an administrative lawsuit, and therefore annulled the First Instance Administrative Judgment No. 12/2012/HC-ST dated December 18, 2012, of the People’s Court of Vinh Long province and suspended the case was a serious mistake in applying administrative procedure law.
For the above reasons and based on Clauses 3, Article 219, Clause 3, Article 225, and Clauses 1, 2, Article 227 of the Administrative Procedure Law,
DECISION:
Accept the Appeal No. 05/2014/KN-HC dated March 5, 2014, of the Chief Justice of the Supreme People’s Court.
Annul the Appeal Administrative Judgment No. 96/2013/HC-PT dated April 25, 2013, of the Appellate Court of the Supreme People’s Court in Ho Chi Minh City and the First Instance Administrative Judgment No. 12/2012/HC-ST dated December 18, 2012, of the People’s Court of Vinh Long province; return the case files to the People’s Court of Vinh Long province for re-hearing in accordance with the law.
CASE LAW CONTENT
“According to Article 2 of Decision No. 1216/QD-UBND dated June 4, 2009, of the People's Committee of Vinh Long province approving the compensation, support, and resettlement plan for the Agricultural Livestock Breed Farm project of the province, it stipulates “The Director of the Department of Finance is responsible to the People's Committee of the province for the accuracy of the data, quantities, and unit prices in Official Dispatch No. 177/TTr.STC dated May 15, 2009.” According to Official Dispatch 177/TTr dated May 15, 2009, of the Department of Finance, which specifies the compensation part for Mrs. Luu's household, the approval part directly and specifically impacts the rights and interests of Mrs. Luu's household, making it the subject of an administrative lawsuit.”
