How to sue land properly?
Due to not understanding the legal regulations, people are confused in making complaints and lawsuits, leading to prolonged complaints, oversteps, wrong addresses and unfortunate consequences...
In many cases, people realize that their rights in land have been violated but do not know who or where to sue.
Mr. V.T.H. (residing in Dong Thap) whose land plot was recovered and compensated by the State. Disagreeing with the decisions of the District People's Committee, Mr. H. repeatedly went to the district and then the province to complain but was not satisfactorily resolved.
Mr. H. said he wanted to sue the local government to cancel decisions that he believed violated his family's legitimate rights and interests, but he did not understand the legal procedures and who and where to sue.
Who to sue, where?
In many provinces and cities, because of planning problems, many legal users of farmland, garden land... cannot apply to change the land use purpose to residential land to build houses.
Similarly, many people are not allowed to split plots of land to divide land among their children and grandchildren, because previously their application to change land use purpose was returned by the district Department of Natural Resources and Environment on the grounds that the land location is in a planning area.
For these cases, if people want to sue to have the administrative court reconsider the case, will people sue the Department of Natural Resources and Environment or the district People's Committee?
According to the provisions of Point a, Clause 2, Article 59 of the Land Law, the District People's Committee has the authority to allocate land and allow change of land use purpose for households and individuals.
Point a, Clause 1 and Clause 2, Article 1 of Resolution No. 02/2011 of the Council of Judges of the Supreme People's Court has instructions to determine whether the administrative act being sued as the subject of the lawsuit must be based on the provisions of law. about authority.
Accordingly, it must be determined that it is an administrative act of a state agency, not of the person who performed that administrative act under assignment or authorization.
From the legal basis mentioned above, the Supreme People's Court believes that the Department of Natural Resources and Environment is only a specialized agency under the district-level People's Committee that performs the function of advising and assisting the district-level People's Committee in state management such as appraising documents on land allocation, to change the land use purpose... so the defendant is the district People's Committee.
The place to receive lawsuit files is the district People's Court.
Handling overdue complaints
According to the Law on Administrative Procedures, the statute of limitations for filing a lawsuit is the time limit within which an individual, agency or organization has the right to initiate a lawsuit to request a court to resolve an administrative case to protect the legitimate rights and interests that have been violated. If that time limit expires, the right to sue will be lost.
In case the litigant makes a complaint according to regulations to a state agency or person with authority to resolve the complaint, the statute of limitations for filing a lawsuit is 1 year from the date of receiving or knowing the decision to resolve the first complaint or the decision to resolve the complaint. decided to resolve the second complaint.
In fact, there are many cases where people did not agree with the land recovery decision of the district-level People's Committee, so they complained to the district chairman and the district chairman issued a decision to resolve the first complaint.
Still not agreeing with the district chairman's decision to resolve the complaint, the people continued to complain to the provincial chairman and the provincial chairman issued a decision to resolve the complaint a second time.
Disagreeing with the above settlement results, the people sued the settlement decision of the provincial president within the legal time limit.
When resolving, in addition to being required to consider the settlement decision of the provincial president, the administrative court can "administer" the first settlement decision of the district president if this decision has passed the statute of limitations for filing a lawsuit. Are not?
According to the representative of the Supreme People's Court, the trial council has the authority to consider the legality of all other administrative decisions related to the administrative decision being sued, regardless of whether these decisions are legal or not. or the statute of limitations for filing a lawsuit has expired.
According to the explanation of the Supreme People's Court, the Administrative Procedure Law allows the trial panel to consider the legality of administrative decisions, administrative acts... decisions to resolve complaints and legal documents. related.
At the same time, the trial panel has the right to decide to accept part or all of the lawsuit request, annul a part or illegal administrative decision and decide to resolve related complaints (if any)...
Who protects the rights of the provincial president?
In the past, when people sued, the provincial president often authorized lower-level officials and civil servants to go to court, leading to the organization of dialogue between litigants; Inspection, evaluation of evidence, and debate at trial are difficult and ineffective.
To overcome this problem, the 2015 Administrative Procedure Law requires: "Where the defendant is an agency, organization or head of the agency or organization, the defendant may only authorize his or her deputy to represent him or her." present..." (clause 3, article 60).
There are questions: If it is no longer allowed to authorize the director or deputy director of the Department of Natural Resources and Environment or the director or deputy director of the Department of Justice to appear in court, the provincial president has the right to invite these people to stand up and defend their rights. and legitimate benefits for me or not?
Responding to this issue, the representative of the Supreme People's Procuracy said that because he meets all the legal conditions and is not an officer or civil servant in the court, procuracy, inspection, judgment enforcement or Civil servants, officers, and non-commissioned officers in the police sector should be the director or deputy director of the Department of Natural Resources and Environment or the director or deputy director of the Department of Justice to participate in protecting the legal rights and interests of the defendant, who is the chairman. Provincial People's Committee.
First instance court fees when annulling the decision being sued
Reality shows that at the appeal court, many people who were sued probably saw a high possibility of losing the case, so they accepted to annul the decision being sued, whether it was a decision to revoke the certificate of land use rights or a decision to enforce the lawsuit. land recovery mechanism... and the plaintiff agreed.
So the trial panel decided to cancel the first instance verdict and suspend the case, so does the plaintiff have to pay the first instance administrative court fee?
According to the Supreme People's Court, this situation is not yet regulated by the court fees and charges ordinance.
However, when considering this case, the appellate court can handle it specifically as follows: If the first instance judgment decides that the plaintiff must bear the first instance court costs, it can amend the first instance judgment and force the defendant to pay the first instance court fee. The lawsuit must pay first-instance court fees and return first-instance court fees to the plaintiff.
If the first-instance judgment decides that the defendant must bear the first-instance court costs, it shall keep the first-instance court costs according to the first-instance judgment.
Key words:khoi kien dat dai
.jpg "Liên hệ")
