CASE LAW NO. 49/2021/AL On the determination of administrative decisions issued without proper authority (Please note that this image is not related to the specific case being discussed).

CASE LAW NO. 49/2021/AL

On the determination of administrative decisions issued without proper authority

Approved by the Judicial Council of the Supreme People’s Court on November 25^th, 2021, and published under Decision No. 594/QĐ-CA dated December 31^st, 2021, by the Chief Justice of the Supreme People’s Court.

Source of the Case Law:

The Cassation Decision No. 06/2019/HC-GĐT dated April 2^nd, 2019, by the Judicial Council of the Supreme People’s Court regarding the case of “Land Management Decision Appeal” between the plaintiff, Mr. Thái Văn N, and the defendant, the Chairman of the People’s Committee of Đ Province; the interested party is the V Church.

Location of the Case Law’s Content:

Paragraph 3 of the “Court’s Opinion” section.

Summary of the Case Law:

– Case Background:

The Chairman of the People’s Committee issued an administrative decision to resolve a land dispute that pertained to a contract regarding land use rights.

– Legal Resolution:

In this instance, the Court must determine that the land use rights contract dispute falls under the jurisdiction of the Court. The issuance of the administrative decision by the Chairman of the People’s Committee to resolve the land dispute is deemed beyond their authority.

Relevant Legal Provisions:

– Clause 3, Article 25 of the 2004 Civil Procedure Code (corresponding to Clause 3, Article 26 of the 2015 Civil Procedure Code);

– Article 136 of the 2003 Land Law (corresponding to Article 203 of the 2013 Land Law).

Keywords:

“Administrative decision”; “Land dispute”; “Land use rights contract”.

CASE DETAILS

In the complaint dated September 24^th, 2012, and throughout the case proceedings, Mr. Thái Văn N stated the following:

The disputed land between V Church (hereinafter referred to as the Church) and Mr. Thái Văn N’s family originally belonged to the Church. It was donated to the Church in 1960 by Mr. Nguyễn Văn Q and Mrs. Nguyễn Thị S, who were the parents of Mr. Nguyễn Phước T, and partly by Mr. Nguyễn Văn E.

In 1961, the Church was constructed with a width of 11 meters. In 1976, the Church allowed Mr. N to build a house on the Church’s land and to oversee the Church (as Mr. N was a parishioner), with an area of 16 meters wide, extending from National Highway 80 to the P River (approximately 30 meters).

Mr. N built his house on a 5-meter wide section of the land, and used the remaining width to plant bananas and mangoes. In 1986, Mr. N’s family added two more rooms and a kitchen adjacent to the main house. In 1999, due to land erosion, the Church relocated to the opposite side of National Highway 80.

The old Church land was partly allocated to Mr. Nguyễn Phước T, a son of Mr. Q (the former landowner), and partly to Mrs. M and Mr. K in exchange for building materials for the new Church. The portion of the land that Mr. N’s family used for their house (including the house built in 1976 and two additional rooms and a kitchen built in 1986) continued to be used by Mr. N’s family.

On January 18^th, 2003, Pastor Nguyễn Quang D, along with representatives of the Church’s Committee, issued a “Land Transfer Document” granting Mr. N the use of a 10-meter wide section of land extending 30 meters from National Highway 80 to the P River, totaling 300 square meters.

In 2009, Mr. N renovated the main house and built an additional mobile phone store. The Church objected, leading to a dispute. Mr. N asserted that he had been granted the land by Pastor Nguyễn Quang D and representatives of the Church’s Committee as per the “Land Transfer Document” dated January 18^th, 2003.

According to the cadastral map excerpt issued by the Office of Land Use Registration of P District on September 1^st, 2011, Mr. N’s main house covered an area of 134.7 square meters (5.8 meters wide), and the mobile phone store covered 102.2 square meters (4.4 meters wide).

The Church filed a petition with the People’s Committee of Đ Province requesting resolution.

On May 14^th, 2012, the Chairman of the People’s Committee of Đ Province issued Decision No. 197/QĐ-UBND-NĐ to resolve the land dispute, stating:

“Article 1: Acknowledge the land use rights of Mr. Thái Văn N for the area located as follows:

– East side adjacent to Mr. Nguyễn Phước T, 23.8 meters in length.

– West side adjacent to the Church land, 24.3 meters in length.

– South side adjacent to National Highway 80, 5.8 meters in length.

– North side adjacent to the P River, 5.4 meters in length.

Acknowledge the land use rights of V Church for the area located as follows:

– East side adjacent to Mr. Thái Văn N, 24.3 meters in length.

– West side adjacent to Mrs. Huỳnh Thị M, 23.7 meters in length.

– South side adjacent to National Highway 80, 4.4 meters in length.

– North side adjacent to the P River, 4.2 meters in length.

(Attached is the cadastral map excerpt established by the Office of Land Use Registration of P District on September 1^st, 2011).

Mr. N is required to remove structures and plants (if any) to return the land to the Church for use.”

On September 24^th, 2012, Mr. N filed a lawsuit requesting the Court to annul Decision No. 197/QĐ-UBND-NĐ dated May 14^th, 2012, of the Chairman of the People’s Committee of Đ Province.

– The opinion of the People’s Committee of Đ Province:

The origin of the land is that Mr. Nguyễn Văn Q and Mr. Nguyễn Văn E donated it to the Church in 1960, with a width of 28 meters and a length from National Highway 30 to the P River. The Church was built in 1969, with a width of 8 meters.

In 1976, the Church handed over to Mr. N a piece of land about 4 meters wide, stretching from National Highway 80 to the P River for the purpose of building a house and overseeing the Church, while Mr. N planted some fruit trees on the remaining land. In 1999, the Church relocated due to deterioration. The land was partially returned to the previous owner, and a portion was exchanged with Mr. K for materials to build the new Church.

On January 18^th, 2003, Pastor Nguyễn Quang D and representatives of the Parish Council of the V Church issued a “Land Transfer Document” granting Mr. N the right to use a piece of land with a width of 10 meters and a length from National Highway 80 to the P River, with a total area of 300 square meters.

In 2009, Mr. N renovated and expanded his house, covering the entire 10-meter width, which led to a dispute with the Church. Upon the Church’s complaint, the Chairman of the People’s Committee of Đ Province resolved the matter with Decision No. 197/QĐ-UBND-NĐ dated May 14^th, 2012, granting Mr. N the right to use a plot of land with dimensions of 5.8 meters by 5.4 meters in width, and 23.8 meters by 24.3 meters in length, and requiring Mr. N to remove structures and plants from the remaining area to return it to the Church.

This decision took into account Mr. N’s usage history, and although Pastor of V Church had issued a “Land Transfer Document” in 2003, it was not validated by local authorities and thus held no legal value. The People’s Committee of Đ Province’s decision is deemed justified, and it is recommended to dismiss Mr. N’s request.

– The opinion of the V Church:

The origin of the Church’s land is that it was donated by parishioner Mr. Q, who gave 21 meters in width and extending from National Highway 80 to the P River, and Mr. E sold 7 meters in width from National Highway 80 to the P River in 1960, totaling a width of 28 meters. In 1961, the Church was built with a width of 11 meters.

In 1976, the Church allowed Mr. N’s family (who are parishioners) to use a 4-meter wide piece of land extending from National Highway 80 to the river for building a house and overseeing the Church, while the remaining land was used by Mr. N’s family to plant fruit trees (mangoes, bananas). In 1986, Mr. N’s family built additional rooms and a kitchen next to the main house.

In 1999, the Church’s land suffered erosion, and the Church was permitted by the People’s Committee to relocate to an opposite plot to rebuild. The old Church land was partially given to Mr. T, the son of the original landowner Mr. Q, and to Mr. K and his wife Mrs. M in exchange for building materials for the new Church.

On January 18^th, 2003, Pastor Nguyễn Quang D and the Church’s Committee of V Church issued a land transfer document granting Mr. N’s family the right to use a 10-meter wide piece of land extending from National Highway 80 to the river. The agreement was oral, intended for exchanging building materials for the Church, but Mr. N’s family did not comply, so the Church did not confirm the land transfer document with the local authorities.

In 2009, Mr. N constructed a solid house and added a section for a phone shop, leading to a dispute with the Church. The Church only agreed to let Mr. N use a 4-meter wide piece of land and required negotiation for the price of a 1.2-meter wide piece, and demanded the return of a 4.4-meter wide piece of land extending from National Highway 80 to the river.

The Church concurs with Decision No. 197/QĐ-UBNĐ-NĐ dated May 14^th, 2012, of the Chairman of the People’s Committee and requests the Court to dismiss Mr. N’s claim.

In the Administrative Judgment No. 02/2014/HC-ST dated June 27^th, 2014, the People’s Court of Đồng Tháp Province decided:

To dismiss Mr. Thái Văn N’s request to annul Decision No. 197/QĐ-UBND-NĐ dated May 14^th, 2012, of the Chairman of the People’s Committee of Đ Province.

The first-instance court also ruled on the court fees.

On July 10^th, 2014, Mr. N filed an appeal against the entire Administrative Judgment.

In the Appeal Decision No. 89/QĐKNPT-P5 dated July 11^th, 2014, the Chief Prosecutor of the People’s Procuracy of Đồng Tháp Province protested Administrative Judgment No. 02/2014/HC-ST dated June 27^th, 2014, of the People’s Court of Đồng Tháp Province, requesting the appellate court to amend the first-instance court’s judgment and annul part of Decision No. 197/QĐ-UBND-NĐ dated May 14^th, 2012, of the Chairman of the People’s Committee of Đ Province.

At the appellate hearing, the representative of the High People’s Procuracy in Hồ Chí Minh City withdrew the entire Appeal Decision of the Chief Prosecutor of the People’s Procuracy of Đồng Tháp Province.

In the Appellate Administrative Judgment No. 65/2015/HC-PT dated September 9^th, 2015, the High People’s Court in Hồ Chí Minh City decided:

To dismiss the appellate hearing regarding Appeal Decision No. 89/QĐKNPT-P5 dated July 11^th, 2014, of the Chief Prosecutor of the People’s Procuracy of Đồng Tháp Province.

To reject the appeal of Mr. Thái B (representative by authorization of the plaintiff). To uphold the first-instance judgment No. 02/2014/HC-ST dated June 27^th, 2014, of the People’s Court of Đồng Tháp Province.

Pursuant to Article 31 of the 1993 Land Law and Decree No. 17/1999/NĐ-CP dated March 29^th, 1999, of the Government, regarding the procedures for transferring, leasing, subleasing, inheriting land use rights, and contributing capital with land use value, it is adjudged:

To reject Mr. Thái Văn N’s lawsuit requesting the annulment of Decision No. 197/QĐ-UBND-NĐ dated May 14^th, 2012, of the Chairman of the People’s Committee of Đ Province.

The appellate court ruled on the court fees.

On November 17^th, 2015, Mr. N submitted a request for the cassation procedure regarding the Appellate Administrative Judgment No. 65/2015/HC-PT dated September 9^th, 2015, of the High People’s Court in Hồ Chí Minh City.

On February 1^st, 2018, May 9^th, 2018, and July 9^th, 2018, the People’s Committee of Đ Province issued Dispatches No. 32/UBND-NC, 232/UBND-NC, and 349/UBND-NC respectively, requesting for the cassation procedure regarding the Appellate Administrative Judgment No. 65/2015/HC-PT dated September 9^th, 2015, of the High People’s Court in Hồ Chí Minh City.

In the Appeal Decision No. 25/2018/KN-HC dated November 9^th, 2018, the Chief Justice of the Supreme People’s Court appealed against the Appellate Administrative Judgment No. 65/2015/HC-PT dated September 9^th, 2015, of the High People’s Court in Hồ Chí Minh City under the cassation procedure.

The Chief Justice requested the Judicial Council of the Supreme People’s Court to adjudicate according the cassation procedure to vacate the Appellate Administrative Judgment No. 65/2015/HC-PT dated September 9^th, 2015, of the High People’s Court in Hồ Chí Minh City and the First-instance Administrative Judgment No. 02/2014/HC-ST dated June 27^th, 2014, issued by the People’s Court of Đồng Tháp Province; remanding the case files to the People’s Court of Đồng Tháp Province for a new first-instance trial in accordance with the law.

During the cassation trial, the representative of the Supreme People’s Procuracy requested the Judicial Council of the Supreme People’s Court to accept the appeal of the Chief Justice of the Supreme People’s Court.

COURT’S OPINION:

[1] Regarding jurisdiction to resolve disputes:

[2] This pertains to a parcel of land utilized by the family of Mr. Thái Văn N, encompassing a mobile phone store. The disputed area measures 202.2 square meters and is situated within Plot No. 42, Cadastral Map No. 8a, V Commune, P District, Đồng Tháp Province.

The land’s origin stems from a donation by parishioners to the Church. Records indicate that in 1976, the Church granted Mr. N permission to utilize a portion of the land for residential purposes and Church oversight. The permitted area extended four meters in width and stretched from National Highway 80 to the river.

Subsequently, on January 18^th, 2003, Pastor Nguyễn Quang D, acting in conjunction with the Parish Council of the Church, issued a “Land Transfer Document” to Mr. N. This document purported to grant Mr. N the right to use a larger plot measuring ten meters in width and thirty meters in length, extending from National Highway 80 to River P, encompassing a total area of 300 square meters.

[3] In the year 2009, Mr. N undertook renovations to his primary residence and constructed a mobile phone store on the subject property. This action precipitated a dispute with the Church. Mr. N asserted his entitlement to the land use rights based upon the “Land Transfer Document” dated January 18^th, 2003, issued by Pastor Nguyễn Quang D and the Parish Council.

While acknowledging the document’s existence, the Church’s representative contended that Mr. N had breached a material condition of the purported transfer by failing to fulfill his obligation to contribute materials for the construction of a new Church. Consequently, the Church maintains that the Land Transfer Document was never submitted to the Commune People’s Committee for formalization, rendering the purported transfer incomplete.

Based on the foregoing, the dispute centers on the enforceability of the alleged land use rights donation agreement between the Church and Mr. Thái Văn N. As such, the appropriate forum for resolving this matter falls within the jurisdiction of the Court, pursuant to Clause 3, Article 25 of the 2004 Civil Procedure Code, as reiterated in Clause 3, Article 26 of the 2015 Civil Procedure Code. Therefore, Decision No. 197/QĐ-UBND-NĐ dated May 14^th, 2012, issued by the Chairman of the People’s Committee of Đ Province, is deemed to lack subject-matter jurisdiction.

[4] Regarding the merits:

[5] The land in question originated as a donation to the Church by parishioners. In 1976, the Church granted Mr. N permission to utilize a portion of the land, including the existing Church building. Mr. N constructed a residence on a designated area measuring 134.7 square meters. The remaining land (102.2 square meters) was used by Mr. N for planting mangoes and bananas. This arrangement was acknowledged by both the People’s Committee of Đ Province and the Church.

[6] Mr. N’s family’s continuous use of the disputed land commenced in 1976 and persisted until 2009. Throughout this period, they fulfilled their legal obligation to remit property taxes to the State. However, it is noteworthy that these tax receipts lacked specificity regarding the precise area in question. Notably, Mr. N did not formally declare or register his land use rights during this period.

[7] In 1999, due to erosion, the Church relocated its primary place of worship. The original land occupied by the Church was subsequently returned to its previous owner, Mr. Nguyễn Phước T. It is further noted that a portion of the land was allocated to Mr. and Mrs. Huỳnh Thị Mai H and Mr. Đặng Văn K in exchange for construction materials used in the relocation effort. Notably, there is no record of any disputes arising from these land transactions with the aforementioned families.

[8] On January 18^th, 2003, the Administrator Pastor, together with the Parish Council of the Church, issued a “Land Transfer Document” to Mr. N, stating: “This document is made as evidence to transfer the former land of the Church located in hamlet B, V Commune, V District. Calculated from National Highway 80 to the river (channel P). With a length of 30 meters, width: 10 meters.

The total area is 300 square meters. Reason: This land belongs to the Church. Mr. Thái Văn N’s family and Mrs. Huỳnh Thị Mai H have been allowed by the Church to reside and improve it until now. Now the Church has relocated this land that is not used, giving it to Mr. N full rights to declare and use.”

[9] The content of the above land transfer document is not a land use rights transfer contract, but in essence, the Church confirms the land transfer to Mr. N’s use rights (like a gift contract for land), so Mr. N has a basis to register land use rights like Mr. T and Mr. K. In reality, when the Church transferred the land to Mr. N, he continued to use this land, and since 1999, the Church has not used it.

Since having the land transfer document, the Church has had no opinion on this land transfer; at the same time, at the first-instance trial, the Church’s representative also confirmed: “When Father B returns the property, there is confirmation but no receipt as how much land was received”.

[10] In conclusion, Mr. N asserts continuous use of the disputed land area since 1976. Notably, the Church has not directly utilized this specific area. Mr. N’s family maintains a need for the continued use of this land.

[11] The Chairman of the People’s Committee of Đ Province lacked subject-matter jurisdiction to issue Decision No. 197/QĐ-UBND-NĐ dated May 14^th, 2012. This decision compels Mr. N’s family to relocate their residence and crops (if any) in order to return a designated area of 102.2 square meters to the Church for its use.

[12] The first-instance court and the appellate court based their decision on Mr. N’s house construction on the land and the testimony of the Church’s representative, concluding that Mr. N has the right to use 134.7 square meters was inconsistent with the objective facts of the case. Additionally, they found that the Church’s land transfer document was not confirmed by the competent authority, hence lacking legal validity and dismiss Mr. N’s lawsuit.

[13] Furthermore, the decision by the Chairman of the People’s Committee of Đ Province to issue Decision No. 197/QĐ-UBND-NĐ dated May 14^th, 2012, raises concerns regarding subject-matter jurisdiction. By issuing this decision, the Chairman may have improperly intervened in a land dispute that fell outside of their legal authority. This action consequently rendered the litigation approach flawed.

In light of the foregoing,

IT IS DECIDED:

Pursuant to Clause 1 fo Article 271, Clause 3 of Article 272, and Clause 2 of Article 274 of the Administrative Procedure Law;

1. To accept the Cassation Appeal Decision No. 25/2018/KN-HC dated November 9^th, 2018, by the Chief Justice of the Supreme People’s Court regarding the Appellate Administrative Judgment No. 65/2015/HC-PT dated September 9^th, 2015, of the High People’s Court in Hồ Chí Minh City;
2. To vacate the Appellate Administrative Judgment No. 65/2015/HC-PT dated September 9^th, 2015, of the High People’s Court in Hồ Chí Minh City;
3. To remand the case file to the High People’s Court in Hồ Chí Minh City for a new first-instance trial in accordance with the law.

CONTENT OF THE CASE LAW:

“[3] … Mr. N asserted his entitlement to the land use rights based upon the “Land Transfer Document” dated January 18^th, 2003, issued by Pastor Nguyễn Quang D and the Parish Council. While acknowledging the document’s existence, the Church’s representative contended that Mr. N had breached a material condition of the purported transfer by failing to fulfill his obligation to contribute materials for the construction of a new Church.

Consequently, the Church maintains that the Land Transfer Document was never submitted to the Commune People’s Committee for formalization, rendering the purported transfer incomplete. Based on the foregoing, the dispute centers on the enforceability of the alleged land use rights donation agreement between the Church and Mr. Thái Văn N.

As such, the appropriate forum for resolving this matter falls within the jurisdiction of the Court, pursuant to Clause 3, Article 25 of the 2004 Civil Procedure Code, as reiterated in Clause 3, Article 26 of the 2015 Civil Procedure Code. Therefore, Decision No. 197/QĐ-UBND-NĐ dated May 14^th, 2012, issued by the Chairman of the People’s Committee of Đ Province, is deemed to lack subject-matter jurisdiction.”

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