Process of complaints about delayed Red Book issuance in 2021

The procedure for granting a Land Use Right Certificate (or Red Book) is a common procedure in the field of land law. Accordingly, in our country, the Land Law in 2013 and the relevant implementation guidelines, when people request to be granted the Red Book, the competent state agencies must perform this task. However, in practice, for many reasons, procedures for granting the Red Book are not carried out and to protect their rights, the land use right person will carry out the procedures for complaints about the delay in granting the Red Book.

Therefore, we - A team of consultants in the field of land through the Land Law Advisory Center - 1900.6512 will send you an article related to the complaint process on the delay of issue of the Red Book as follows:

Legal grounds

Land Law 2013 of the National Assembly of the Socialist Republic of Vietnam;

The 2011 Complaint Law of the National Assembly of the Socialist Republic of Vietnam;

The 2015 Law on Administrative Proceedings of the National Assembly of the Socialist Republic of Vietnam;

Decree No. 43/2014/ND - CP Detailed guidance on the enforcement of the Land Law 2013 by the Government of the Socialist Republic of Vietnam;

Circular 07/2013/TT - TTCP Regulates the process of resolving administrative complaints.

Advice on slow mute red book

Complaints about the delay in granting the Red Book are a cycle related to the issue of complaints addressing administrative acts of competent authorities. According to the provisions of the Land Law 2013, after receiving the application for a full land use right certificate, the competent agency must issue this legal certificate to the land user for no more than 30 days and for areas with difficult socio-economic conditions not more than 45 days. Therefore, after the expiration of the above time limit, if the competent state agency has not yet issued the Red Book, you can make a complaint.

However, not everyone can grasp all the necessary order. Accordingly, the red book delay complaint process includes the following steps:

Step 01: Make a complaint about the delay in granting the Red Book at the competent State agency for handling the settlement

In accordance with the Law on Complaints 2011, the Land Law 2013 and the relevant current guidance documents, the competent state agencies receiving and resolving complaints include:

- In case the authority to issue a land use right certificate (Red Book) under the competence of the Department of Natural Resources and Environment under the district People's Committee, the first complaint is settled by the district People's Committee; if making a second complaint, the competent settlement subject is the provincial-level People's Committee;

- Where the authority to issue land use right certificates (Red Book) is under the competence of the Department of Natural Resources and Environment under the provincial People's Committee or provincial People's Committee, the authority to settle complaints for the first time belongs to the provincial People's Committee; if the second complaint is made, the subject competent to settle it is the provincial-level People's Committee.

Within 10 days after receiving the dossier, the agency competent to settle the complaint must respond to the complainant in writing as accepting or needing to supplement the relevant documents.

Step 02: Conduct the inspection and verification of the contents of complaints about delayed red book

After receiving the dossiers and papers related to the complaints about the delay in issuance of land use right certificates (Red Book) of the complainants, the complaining authority should carry out a number of prescribed procedures such as verifying the delay in issuance of land use right certificates by which grounds? Is that base right? Whether the contents of the complaint and the claim request have been secured?...

Step 03: Conduct dialogue between land users and competent agencies to resolve the delay in granting the Red Book

After receiving the full dossier as well as the inspection and verification in accordance with the order and compliance with the provisions of law, a dialogue between the complainant (land user) and the competent agency will be held. The contents of the dialogue results are grounds for determining the results of the settlement of complaints there later.

Step 04: The person competent to settle the complaint will settle the complaint and give the result of grievance settlement, the delay in granting the Red Book

After taking the above steps, the agency competent to settle the complaint shall issue a written reply to the contents of the complaint of the land user regarding the act of delaying the grant of the Red Book.

Step 05: Send the results of the complaint to the applicant of the complaint about the delay in granting the Red Book

Within 03 working days, the agency competent to settle the complaint must send the settlement results in writing to the complainant.

Note: Where the complainant disagrees with the result of grievance settlement or has lodged a complaint but is not considered for settlement, it is possible to initiate an administrative case to the competent People's Court in accordance with the current Law on Administrative Procedure.

*Complaints about the delay in the red book