In case of filing a lawsuit against the return of the application for change of land use purpose by the Department of Natural Resources and Environment on the ground that the land is located in the planning area, the defendant shall be determined to be the district-level People’s Committee.
Image for illustration purposes only (Internet source)
Official Dispatch No. 01/2017/GD-TANDTC of the TANDTC on answering a number of professional issues provides the following guidance:
According to the provisions at point a, clause 2, Article 59 of the 2013 Land Law, the district People’s Committee has the authority to: “Allocate land, lease land, permit change of land use purpose for households and individuals. In case of leasing land to households or individuals, permitting the change of agricultural land use purpose to use for commercial or service purposes with an area of 0.5 hectares or more, a written consent must be obtained. approval of the People’s Committee of the province before making a decision”.
According to the guidance at Point a, Clause 1 and Clause 2, Article 1 of Resolution No. 02/2011/NQ-HDTP dated July 29, 2011 of the Judicial Council of the People’s Court of the People’s Court, guiding the implementation of a number of provisions of the Law on Administrative Procedures this year. In 2011, to determine that the administrative decision or administrative act being sued is the subject of lawsuit, it must be based on the provisions of law on competence.
In case according to the provisions of law, the performance of specific tasks and public duties is performed by state administrative agencies, other agencies and organizations, but by people in state administrative agencies, agencies or organizations. If that other organization performs according to the assignment or authorization or mandate, such act is an administrative act of another state administrative agency, agency or organization, but not an administrative act of the person who has performed it. perform the administrative act.
According to the guidance in Articles 4 and 4, Article 5 of the Joint Circular No. 50/2014/TTLT-BTNMT-BNV dated August 28, 2014 of the Ministry of Natural Resources and Environment and the Ministry of Home Affairs guiding the functions and tasks, powers and organizational structure of the Department of Natural Resources and Environment under the People’s Committees of provinces and centrally run cities, the Division of Natural Resources and Environment under the People’s Committees of districts, towns and provincial cities. Natural Resources and Environment is a specialized agency under the People’s Committee of the district, performing the function of advising and assisting the People ‘s Committee of the district in state management such as appraising documents on land allocation, land lease, land recovery, and change of use purpose. use land, transfer land use rights, grant certificates of land use rights, ownership of houses and other land-attached assets to entities under the jurisdiction of district-level People’s Committees.
According to the above regulations and guidelines, the Department of Natural Resources and Environment is the unit that examines the dossiers according to its assigned functions and tasks to help the District People’s Committee consider and decide on the citizen’s application for change of land use purpose. . Therefore, in this case, the Court identifies the defendant as the district People’s Committee.
Source: According to kiemsat.vn
For support and advice on Business, Investment, Intellectual Property, Tax,… in the best way, please contact us with the following information:
DHP LAW
Address: L4-09.OT06 Landmark 4 Building Vinhomes Central Park, 720A Dien Bien Phu, Ward 22, Binh Thanh District, Ho Chi Minh City
