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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 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 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 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 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 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 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
Ngày đăng: 26/06/2023, 15:22
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