Law on Complaints Related to the Land Field: A Qualitative Study in Vietnam

Abstract

In Vietnam, the right to lodge complaints is stipulated in Article 30 of the 2013 Constitution. This matter is further delineated in the 2011 Law on Complaints. While there are certain progressive aspects to allowing individuals to exercise their right to protest, their opposition to administrative decisions and actions that are deemed unlawful and infringe upon the rights and interests of the populace remains a significant concern. However, there are still many issues that still need to be addressed. The subjects with the right to complain in the 2011 Law on Complaints are not consistent with the 2013 Constitution, and the statute of limitations for making complaints is still not really clear. In cases in which a decision is not received, the authority to resolve complaints is not clearly between the laws. After 13 years of implementing the Law on Complaints in 2011, the rate of complaints in the land sector has remained high. Specifically, nearly 70% of current complaints in Vietnam are related to the land sector ^[1], indicating that land in general and land complaint resolution in particular need to be improved. Through qualitative research, the authors identify deficiencies in the complaints mechanism within the land sector in Vietnam and propose interventions to enhance this system.

Keywords: complaints; complaint settlement; land; Law on Complaints 2011

DOI：10.62321/issn.1000-1298.2024.07.01