Talking to PV of Lao Dong Newspaper, Lawyer Quach Thanh Luc - Director of Phap Tri Law Company, Hanoi Bar Association - said that "suspended" projects can be understood as projects that recover land from people but cannot be implemented for many reasons. The stagnation period of these projects does not only last 1-2 years, but in some cases up to 10 years, even 20 years.
Meanwhile, people with land located in the project cannot use it, houses cannot be newly built or repaired, while the investor has not yet carried out land acquisition, compensation, and resettlement.
So what do people need to do to petition to revoke a project that has been prolonged for many years without implementation? From practical experience, Lawyer Luc said that although the process of handling in reality includes many tasks, people can visualize some main steps.
Step 1: Collect dossiers proving land use rights
According to Lawyer Luc, when land is within the scope of a project being recovered, the first step is to contact the Commune People's Committee, Land Registration Office to request information and cadastral records in accordance with the law.
These documents may include maps, cadastral records, land registers, and related documents. This is an important basis for determining the land use process as well as the relationship between people and land plots within the project.
When working with competent authorities, people need to have documents showing that they are the person whose land is recovered. This is the basis for establishing the legitimacy of the people in the petition process" - Lawyer Luc said.
In fact, there are cases where land has been in projects for 5 years, 10 years but has not been cleared. People even no longer have land recovery decisions, compensation plans, notices, inventory records or documents related to the project.
Step 2: Request to provide project documents and information
After collecting dossiers related to land use rights, according to Lawyer Luc, people can request competent authorities and investors to provide information related to the project in accordance with the law on information access.
Accordingly, people can request to provide documents such as land acquisition decisions, compensation plan approval decisions, planning, land use plans, investment licenses, project approval documents and related planning documents.
This is an important source of information for people to determine the legal status and progress of the project.
For example, in the land recovery and land allocation decisions of competent authorities to investors, there may be content about the project implementation time, including the start time, end time and conditions related to project recovery.
From the collected dossiers, people can determine what type of project it is, whether it belongs to the case of State land recovery or whether the investor must agree with the land user to receive land use rights; and at the same time determine the project implementation period and related legal requirements.
For projects that have been prolonged for many years, people need to compare land acquisition decisions, land allocation decisions and related dossiers to determine whether the project is behind schedule, violating implementation deadlines or not. This is one of the bases to move to the next step.
Step 3: Request competent authorities to consider project recovery
If there is evidence that the project is behind schedule or violates legal regulations, people can propose to competent authorities to consider revoking the project.
According to Lawyer Luc, the workload in this process may be very large and the resolution time is long. However, people need to implement each step in a strict and proper manner, send petitions to the competent authorities and prepare complete dossiers and documents.
In that process, lawyers can support people with legal information, procedures, as well as the drafting of dossiers and documents.
People need to have petitions sent to competent authorities related to project approval. After that, people can participate in citizen reception sessions to present petitions to functional agencies.
The agency receiving the application will consider and respond to the status of the project, the reasons why the project has not been revoked or the obstacles in the process of implementing related procedures.
