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SUMMARY OF THE KEY NEW CONCLUSIONS OF THE THESIS
Thesis
:
Complaints and settlement of complaints about land
Code
:
62.38.01.02
Instructor
:
Assoc. Prof-Dr. Nguyen Canh Hop and Dr. Luu Quóc Thai
Education Institution:
Ho Chi Minh City Law University
KEY NEW CONCLUSIONS OF THE THESIS
1. The thesis has clearly clarified theoretically scientific concepts, characteristics and
significance of complaints and resolution of complaints about land. Specifically, the thesis has
clarified: land claims are the fact that land users, persons with interests and obligations related to
land use in accordance with administrative procedures as provided for by the law on complaints.
The competent authorities shall be competent to settle complaints for review of administrative
decisions or administrative acts in land administration when there are grounds to believe that such
administrative decisions or acts are unlawful or infringe upon the rights and his legitimate
interests. At the same time, the settlement of complaints about land is the administrative bodies or
persons authorized by law to accept, verify, conclude and issue decisions to settle complaints
according to the procedures prescribed by law to set complaints about administrative decisions or
administrative acts on land of administrative agencies or competent persons in administrative
agencies in the course of performing the State management over the land when the users the land
has grounds to believe that such administrative decision or administrative act is unlawful and
infringe upon his/ her legitimate rights and interests.
2. The dissertation also analyzes and evaluates the factors influencing the complaints and
settlement of land complaints in a comprehensive manner, both subjective and objective; both the
impact of domestic conditions and the factors of international integration. These are the major
impacts that trigger complaints and affect the way land claims are handled in reality.

3. The dissertation has analyzed and indicated that the mechanism for resolving complaints
about land is a system of factors that affect each other in a defined manner in the process of
receiving and resolving complaints about land to ensure the right of land used to complain.
Components of this mechanism include: i. Entities competent to settle land-related complaints; ii.
the organization and apparatus for settling complaints about land; iii. procedures for resolution of
complaints about land; iv. The execution of decisions on the settlement of land-related complaints
have taken legal effect; v. Inspection, examination and supervision of land complaint settlement
activities.
4. The dissertation shows that the provisions of the law on complaints and the practice of
exercising the right to complain also reveal many inadequacies, limiting the right to lodge
complaints and ensuring the right to complain of actual land users present in the following aspects:
i. The provisions of the law have limited some of the complainants, failing to ensure the provisions
of the Constitution on the right to complain and human rights; ii. The lack of clarity and clarity of
the object of complaint has been hindering the implementation of the “right to protect the rights”
of land users; iii. The complaints procedure still has many unreasonable provisions, especially the
regulations on the conditions for a complaint to be received and dealt with harshly, pushing hard
on the people, limiting the ability to implement. The right to complain of land users.
5. The dissertation also analyzes and clarifies complaints and resolves complaints about
land as a complex activity, requiring the coordinated participation of the whole political system.
However, coordination activities in this work still have some shortcomings, leading to many
complaints about lack of objectivity and loss of democracy, resulting in long and overdue
complaints, complex level.
6. The dissertation proposes measures to improve the jurisdiction of complaints in the
landing field. In addition, the dissertation proposal should supplement and improve the current
legal provisions on complaints and settlement of complaints in order to ensure the exercise of the
right to complain by land users and the effectiveness of the settlement of complaints of authorized
subjects.
PhD student: Vo Phan Le Nguyen