Dragon Law - Advice for Administrative Lawsuits on Land

Dragon Law with a team of lawyer and legal specialist in handling disputes honors to provide Clients the procedure to settle administrative lawsuit on land.

Dragon Law with a team of lawyer and legal specialist in handling land disputes honors to provide Clients the procedure to settle administrative lawsuit on land.

1. Application:

- The petition has all contents following Article 105 - Law on Administrative Procedure (Form);

- The plaintiff’s commitment does not complain to a competent person competent who settles the complaint.

- Documents, evidences to prove for the request of lawsuit.

- The copy of administrative decision on land, the administrative complaint petition on land or the decision, notification, the conclusion on handling administrative complaint on land (if any)...;

- Provide Court the handling complaint dossier (if any) and the copies of documents in that dossier.

- An authorized letter to participate in procedure (if any);

- The copies of Family register, Identification card (authenticated by competent agency)

- The statistic of document ( acknowledged the natural or copies).

2. Competent Court:

The District Courts shall handle the first-instance procedure for following administrative case on land:

Lawsuits over administrative decisions or acts of state administrative agencies at the district or lower level within the same administrative boundaries with courts.

Provincial-level courts shall settle according to first-instance procedures:

Lawsuits over administrative decisions or acts of ministries, ministerial-level agencies, government-attached agencies, the Presidential Office, the National Assembly Office, the State Audit Office of Vietnam, the Supreme People’s Court and the Supreme People’s Procuracy, and administrative decisions or acts of competent persons in these agencies, which are filed by plaintiffs whose places of residence, workplaces or head offices are located within the same administrative boundaries with the courts. In case plaintiffs have no places of residence, workplaces or head offices in the Vietnamese territory, courts of localities in which agencies or persons competent to issue administrative decisions or commit administrative acts are located have jurisdiction to settle these lawsuits;

- Procedure to file lawsuit petition:

+ Direct filling at court;

+ Sending by post.

3. Legal cost for administrative case on land:

- Legal cost for administrative first-instance procedure: 200.000 VND

- Legal cost for administrative trial system: 200.000 VND

Obligation to pay first-instance legal cost advances:

Plaintiff has to pay administrative first-instance legal cost advances, unless not required to pay legal cost advances accordance with law.

The cases that do not require to pay legal cost in advances, legal cost:

- The plaintiff is wounded; martyr’s parent or the person contributing to the revolution;

- Individual, household classified as poor according to the regulation of the Government;

The time limit for administrative first - instance legal cost payment:

The plaintiff has to pay administrative first-instance legal cost for 07 days, from the day of receipt the notification of Court about legal cost in advance.

The time limit for handling administrative case is from 04 to 06 months, determining from the accepted case to opening the first-instance court.

At the end of first - instance court, if the plaintiff does not accept with the decision of Court, he has the rights to appeal so that the superior of this court handles following the appellate procedure.

With legal consultancy capacity and legal experience, Dragon Law believes we can support with the best legal consultation services to meet the needs and requirements of local and foreign enterprises in land and house lawsuits. Any information please contact at:

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Dragon Law Firm - Hotline: 1900.599.979

Website: www.vanphongluatsu.com.vn - www.dragonlaw.vn

Email: dragonlawfirm@gmail.com

Facebook: https://www.facebook.com/vanphongluatsudragon

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