Before making a decision to recover land, the competent State agency must notify the people of the land recovery . In case of failure to notify as prescribed, it is considered land recovery not in accordance with the process and procedures according to the law.
Pursuant to Clause 1, Article 237 of the Land Law 2024 stipulates:
1. Land users and people with rights and obligations related to land use have the right to complain and sue against administrative decisions and administrative acts on land management.
Accordingly, land users have the right to complain and sue about land recovery by State agencies when there is no land recovery notice:
According to Article 83 of the Land Law 2024, depending on each specific case, the Provincial People's Committee or District People's Committee is the competent authority to issue land recovery notices.
Thus, the Chairman of the District or Provincial People's Committee, depending on the case, will have the authority to resolve the first land recovery complaint. The complaint process is as follows:
Step 1. Submit and receive the complaint
The complainant sends the application and related documents to the Chairman of the People's Committee at the level with authority to recover land.
Step 2. Accept application
- Within 10 days from the date of receipt of the complaint under its jurisdiction, the person with authority to accept and resolve shall notify the person of acceptance and settlement;
- In case the case is not accepted for resolution, clearly state the reason.
Step 3. Verify the complaint content
Step 4. Organize dialogue
- During the complaint resolution process, the person resolving the complaint will first hold a dialogue if the request of the complainant and the results of verifying the complaint content are different.
- The dialogue must be recorded in minutes, the result of the dialogue is one of the bases for resolving complaints.
Step 5. Make a decision to resolve the complaint
In case of disagreement with the decision to resolve the complaint, people have the right to sue regarding land recovery by the competent State agency according to the following steps:
Step 1: Prepare documents
Step 2: Submit application
The person who files a lawsuit at the People's Court has jurisdiction according to the provisions of the 2015 Law on Administrative Procedures. Accordingly, the Court's jurisdiction is determined as follows:
- For land recovery decisions issued by the District People's Committee: The People's Court of the province where the land is recovered will be the competent agency to receive and resolve the case.
- For land recovery decisions issued by the Provincial People's Committee: The High People's Court will be the competent agency to receive and resolve the case.
Step 3: Resolve the lawsuit request
- Within 3 working days from the date of receiving the petition, the Chief Justice of the Court assigns a judge to consider the petition. Within 3 days from the date of assignment, the judge will consider and decide whether to accept the case or not.
- The time limit for trial preparation for cases, except for cases tried according to summary procedures and cases with foreign elements, is 4 months from the date of acceptance of the case.
