Procedures for Administrative Complaints & Lawsuits Against Land Expropriation & Compensation

Safeguarding Lawful Rights Against Land Expropriation & Inadequate Compensation

Upon receiving Land Expropriation Decisions or Compensation/Resettlement Plans with below-market valuations, affected property owners hold statutory rights to lodge administrative complaints or initiate lawsuits in Court.

1. Statutory Time Limits and Procedural Options

Under the Law on Complaints and Administrative Procedure Code:

• First-instance complaint: Submitted to the decision issuer (District/Provincial People's Committee Chairman) within 90 days from receipt of the decision.
• Direct administrative lawsuit: File directly with the competent People's Court within 1 year without being required to exhaust prior complaint steps.

2. Preserving On-Site Evidence and Market Comparisons

Property owners should engage bailiffs to draft Notarial Records (vi bằng) detailing house conditions, crops, and architectural structures before eviction. Gathering actual market transaction deeds of adjacent parcels establishes an evidentiary baseline challenging depressed compensation rates.

3. Requesting Urgent Interim Measures

During administrative litigation, plaintiffs may request the Court to grant temporary stay orders suspending coercive eviction to preserve original status until final judgment.