Cases where land recovery decisions are not made
Currently, the 2024 Land Law does not stipulate cases where a decision on land recovery cannot be made. Instead, this Law stipulates cases where the State makes a decision on land recovery (Chapter 6 of the Land Law), including:
- Land recovery for national defense and security purposes;
- Land recovery for socio-economic development for national and public interests;
- Revocation due to violation of land law
- Land recovery due to termination of land use according to law or voluntary return of land, posing a threat to human life, and no longer able to continue use.
Accordingly, it can be understood that the State is not allowed to make a decision to reclaim land if it does not fall under one of the above cases. In case of land reclamation without a basis for reclamation as stipulated in the Land Law, it is considered illegal land reclamation.
When a decision to reclaim land is made illegally, what should people do?
In case the decision to reclaim land is not based on one of the grounds stated in Chapter 6 of the 2024 Land Law, it is determined that the decision to reclaim land is illegal. In that case, to ensure their rights, land users have the right to complain or sue the decision to reclaim land.
- Complaint about land recovery decision
Pursuant to Clause 1, Article 85 of the 2024 Land Law, before making a decision to reclaim land, the competent authority must issue a notice of land reclamation. Failure to issue a notice will be considered as land reclamation not in accordance with the prescribed procedures and processes.
Accordingly, Clause 1, Article 237 of the 2024 Land Law stipulates: Land users, people with rights and obligations related to land use have the right to complain and sue administrative decisions and administrative acts on land management.
Thus, land users have the right to complain and sue if the competent authority makes an illegal decision to reclaim land.
Article 83 of the 2024 Land Law stipulates that the competent authority to issue a notice of land recovery is the Provincial People's Committee or the District People's Committee. Therefore, depending on the case, the Chairman of the District People's Committee or the Provincial People's Committee will have the authority to resolve the first complaint.
- Lawsuit against land acquisition decision
The person filing a lawsuit for land recovery must prepare a complete set of documents including the following documents and submit them directly to the Court or send them by post:
+ Petition for land reclamation decision;
+ Documents and evidence to prove the claim;
+ Copy of Land Reclamation Decision, copy of complaint settlement decisions (if any)…;
+ Power of attorney to participate in litigation (if any);
+ Copy of household registration, ID card/Citizen identification card (certified by a competent State agency);
+ Complaint settlement records (if any) and copies of documents and papers in the administrative settlement records to issue the decision to reclaim that land.
+ List of documents (clearly stating original and copy).
