Resolution No. 39/2012/QH13 on continuing to enhance the effectiveness and efficiency of policy and legal implementation in handling complaints and denunciations from citizens regarding administrative decisions on land.

RESOLUTION

On continuing to enhance the effectiveness and efficiency of implementing policies and laws in handling citizens' complaints and denunciations regarding administrative decisions on land laws in handling complaints and reports by citizens regarding administrative decisions on land ||| administrative decisions concerning land

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OF THE NATIONAL ASSEMBLY
SOCIALIST REPUBLIC OF VIET NAM

BASED ON THE CONSTITUTION OF THE SOCIALIST REPUBLIC OF VIETNAM IN 1992 AS AMENDED AND COMPLEMENTED BY RESOLUTION NO. 51/2001/QH10;

Pursuant to the Law on the Supervisory Activities of the National Assembly No. 05/2003/QH11;

Based on Resolution No. 15/2011/QH13 on the Program of Supervision Activities of the National Assembly in 2012;

On the basis of reviewing Report No. 263/BC-UBTVQH13 dated November 5, 2012 of the Standing Committee of the National Assembly, Report No. 304/BC-CP dated October 26, 2012 of the Government on the implementation of policies and laws in handling citizens' complaints and denunciations regarding administrative decisions on land, and the opinions of National Assembly deputies;

RESOLUTION:

Article 1.

The National Assembly basically agrees with the contents of the supervision report of the Standing Committee of the National Assembly and the Government's report on the implementation of policies and laws in handling citizens' complaints and denunciations regarding administrative decisions on land.

In recent years, the Party and State have always paid attention to the work of handling citizens' complaints and denunciations, especially in the field of land. Policies and laws on handling complaints and denunciations have become increasingly complete, creating more favorable conditions for organizations and individuals to exercise their right to complain and denounce, protect the legitimate rights and interests of citizens, and contribute to enhancing the effectiveness and efficiency of state management. Local authorities at all levels have made many efforts and resolved most complaints and denunciations directly at the local level, which has been supported by the people.

Alongside the positive achievements that have been attained, there still remain many shortcomings and weaknesses such as: insufficient consistency between legal provisions on complaints and denunciations and those of some specialized laws in resolving disputes, complaints, and denunciations related to land. Current land policies and laws still contain some unclear and non-synchronized contents. Some guiding documents for implementing laws are not timely or comprehensive enough. Land planning, land use plans, land valuation, compensation, land clearance, resettlement support, and administrative procedures related to land still have many limitations and do not adequately ensure the interests of the State and people whose land is being reclaimed. Corruption and malpractice in the land sector are still significant. Many administrative decisions on land do not comply with legal procedures, formalities, authority, and content, affecting the legitimate rights and interests of citizens. Issuing land use right certificates is slow and contains many errors. The effectiveness and efficiency of handling complaints and disputes over land are still low. Some competent agencies do not pay sufficient attention to public reception work; some cadres and civil servants lack exemplary conduct and moral integrity. Propaganda, education, and implementation of land policies and laws are still ineffective. Inspections and supervision are not regular, and the handling of violations in the land sector is not strict, with many mistakes. Complaints and disputes over land continue to evolve complexly, and collective complaints are trending upward.

Article 2.

To implement policies and laws effectively and enhance the effectiveness and efficiency of issuing and implementing administrative decisions and handling citizens' complaints and denunciations regarding administrative decisions on land, the National Assembly requests the following key tasks be focused on:

1. Amend and supplement regulations on procedures, formalities, authority, deadlines, and time limits for handling complaints, denunciations, and disputes over land, study expanding the jurisdiction of the People's Court in resolving land disputes, ensuring consistency and synchronization between the Land Law, the Complaint Law, the Denunciation Law, the Administrative Litigation Law, the Civil Procedure Code, and other relevant laws.

Amend and supplement the Land Law towards detailing the maximum number of provisions that have been stably applied in practice. Clearly define the rights of representatives of owners and the unified management rights of the State, the rights of land users, and cases where the State recovers land. Publicize land planning and land use plans; the State proactively recovers land according to the annual land use plan that has been approved. Land allocation and leasing for economic and social development projects should mainly be conducted through auctions of land use rights and bidding for projects using land. The State decides on the policy to regulate the additional value from land not created by the land user, ensuring harmony of interests among the State, land users, and investors. Amend and supplement regulations on land prices in the direction of setting land prices according to the purpose of land use at the time of valuation, ensuring the principle of conformity with the market mechanism under state management; the State issues a framework of land prices, a list of land prices, and regulations on adjusting the framework of land prices and the list of land prices to ensure flexibility and suitability for different types of land, users, and cases of land allocation and leasing; mechanisms to handle price discrepancies in border areas between regions. Compensation, support, and resettlement when the State recovers land must ensure democracy, transparency, objectivity, fairness, and compliance with the law. Specify detailed procedures and formalities for forced recovery of land and enforcement of administrative decisions on land.

Issue comprehensive and timely guiding documents for implementing laws, ensuring consistency, synchronization, clarity, specificity, ease of understanding, and execution.

2. By 2015, basically complete the issuance of land use right certificates based on cadastral maps and coordinate measurements with coordinates. Ensure funding to meet the needs of completing and modernizing the cadastral map system, land records, and land database, unifying the land record system nationwide. Complete the system of land resource surveys, assessments, quantities, qualities, potentials, and environments, ensuring the provision of full information, materials, and data on land for policy formulation and decision-making by state agencies in managing and utilizing land.

3. The heads of administrative state agencies shall proactively examine each dispute, complaint, or accusation concerning land within their jurisdiction to resolve promptly and conclusively, publicly announce the resolution results, and prevent appeals from escalating beyond their level, becoming complicated, or involving large groups of people; they shall be responsible for resolving disputes, complaints, and accusations. Enhance the role of People's Courts at all levels in resolving appeals against administrative decisions regarding land. From now until the end of 2012, focus on reviewing and developing plans to resolve fundamentally 528 complex, pending, and prolonged cases.

4. Strictly implement the reception system, improve organizational structure, and enhance the responsibility of reception agencies from central to local levels. Assign capable and ethical officials to manage state affairs related to land, handle complaints and accusations, especially at the district and grassroots levels. Emphasize grassroots mediation and mediation by People's Committees at communes, wards, and towns; leaders at all levels shall actively engage in direct dialogue with complainants and accusers to ensure the rights and legitimate interests of organizations and individuals. Strengthen the dissemination and education of laws, and provide legal assistance in handling complaints and accusations. Firmly and strictly deal with cases where the right to appeal or accuse is abused to incite unrest, disrupt public order, and social security.

5. The Minister of Natural Resources and Environment, the General Inspector of the Government, and the Chairpersons of Provincial People's Committees under the Central Government shall, according to assigned tasks, direct inspections and reviews of the handling of complaints and accusations against administrative decisions regarding land, and strictly handle violations. Firmly deal with officials who are negligent in handling complaints and accusations, or who abuse their positions and powers for corruption in the field of land.

6. Agencies and persons authorized to issue administrative decisions on land must be responsible for the correctness of such decisions; they must also supervise and inspect to address promptly any issues arising during the implementation of administrative decisions. Vigorously reform administrative management of land. Apply information technology in receiving, processing, and resolving disputes, complaints, and accusations from citizens, ensuring full information provision to competent authorities about examination, handling, and resolution processes to avoid overlapping and concurrent resolutions by multiple administrative agencies and courts for the same case.

7. Strengthen leadership, guidance, and close coordination among all levels and sectors in handling complaints and accusations, addressing the situation of circular referrals, delayed resolution, and shirking responsibility; prevent situations where competent authorities have resolved cases in accordance with the law but other agencies still offer opinions leading to prolonged and complicated complaint and accusation cases. Mobilize the role of the Vietnam Fatherland Front and its member organizations, as well as news media, in resolving citizens' complaints and accusations.

Article 3.

The National Assembly entrusts the Government, the Supreme People's Court, and the Supreme People's Procuracy to organize the implementation of this Resolution according to their functions, tasks, and authorities, and report annually to the National Assembly.

The Standing Committee of the National Assembly, the National Ethnic Council, the Committees of the National Assembly, Delegations of the National Assembly, National Assembly deputies, and People's Councils shall supervise the implementation of this Resolution according to their functions, tasks, and authorities.

The Central Committee of the Vietnam Fatherland Front, its member organizations, within their functions and authorities, shall participate in supervision and propaganda, mobilizing the people to implement this Resolution.

This Resolution was adopted by the National Assembly of the Socialist Republic of Vietnam, the 13th term, fourth session, on November 23, 2012.