Answering readers of Lao Dong Newspaper, Lawyer Quach Thanh Luc - Director of Phap Tri Law Company (Hanoi Bar Association) said that when receiving a written reply, refusing to resolve the dossier from functional agencies, people first need to consider the specific reasons given.
If functional agencies determine that the dossier still lacks papers and documents, people need to supplement according to the instructions. In case it is not possible to supplement with direct documents, people can find other grounds to prove it.
For example, when it is necessary to prove that land has been used before October 15, 1993, people can provide documents on tax payment, penalty records, invoices, electricity bills, household registration books or other related documents.
In case these documents are not available, people can request confirmation from elderly people in the locality, people living around, or former land administration officials about the land use process. These can be grounds for people to supplement and provide to functional agencies for consideration.
According to lawyer Quach Thanh Luc, there are relatively complex legal regulations that people can hardly find out and fully apply themselves. Even some issues may cause difficulties for professionals when studying dossiers.
Therefore, for legal contents that people cannot resolve themselves, they can ask lawyers or people with legal knowledge to advise and guide them. On that basis, people can prepare sufficient grounds and have appropriate feedback to functional agencies.
Lawyer Quach Thanh Luc gave an example of the case of applying for land use purpose conversion. When people submit applications for land use purpose conversion, self-searching for planning information online may only be for reference, not fully reflecting the planning information used by competent authorities to review dossiers.
When receiving dossiers, functional agencies will base on specific maps and planning documents, including amended and supplemented contents, to determine whether the land plot meets the conditions or not.
If the functional agency determines that the land plot is not in the residential land plan and this response is in accordance with regulations, then at that time, people cannot carry out the change of land use purpose.
In this case, according to the lawyer, people can file a petition requesting functional agencies to record the need to change the land use purpose, and at the same time request to consider putting the land plot into the next planning period.
If people do not propose, do not express their needs, then functional agencies also do not have a basis from that need to consider putting the land plot into residential land planning," lawyer Quach Thanh Luc analyzed.
