CASE LAW NO. 27/2019/AL On Acceptance and Resolution of Administrative Cases Related to Houses and Land Managed and Allocated by the State During the Implementation of Housing Management Policies and Socialist Reform Policies Before July 1st, 1991 (Please note that this image is not related to the specific case being discussed).

CASE LAW NO. 27/2019/AL

On Acceptance and Resolution of Administrative Cases Related to Houses and Land Managed and Allocated by the State During the Implementation of Housing Management Policies and Socialist Reform Policies Before July 1^st, 1991

Approved by the Judicial Council of the Supreme People’s Court on August 22^nd, 2019, and published under Decision No. 293/QĐ-CA dated September 9^th, 2019, by the Chief Justice of the Supreme People’s Court.

Source of the Case Law:

The Cassation Decision No. 03/2018/HC-GĐT dated July 16,th 2018, of the Judicial Council of the Supreme People’s Court regarding the administrative case of “Lawsuit against Decision on Complaint Resolution” in Trà Vinh Province between the plaintiff, Mrs. Hồng Thị L, and the defendant, the Chairman of the People’s Committee of Trà Vinh Province.

Location of the Case Law’s Content:

Paragraph 6 of the “Court’s Opinion” section.

Summary of the Case Law:

– Case Background:

The plaintiff initiated legal proceedings against an administrative decision denying their claim to reclaim houses and land that were under state management and allocation prior to July 1^st, 1991, pursuant to housing management and socialist reform policies. This action was taken in accordance with Resolution No. 23/2003/QH11 of the National Assembly, dated November 26, 2003. The contested decision was issued in compliance with relevant authority, content, and procedural requirements.

– Legal Resolution:

The Court is obligated to accept jurisdiction over this case and proceed with its resolution. However, the resolution is expected to result in the dismissal of the plaintiff’s claim.

Relevant Legal Provisions:

– Article 94 of the Law on the Organization of the People’s Councils and People’s Committees of 2003;

– Article 7 of the Law on Complaints of 2011;

– Clause 1, Article 28, point a, Clause 2, Article 163 of the Law on Administrative Procedures of 2010 (corresponding to Clause 1, Article 30, point a, Clause 2, Article 193 of the Law on Administrative Procedures of 2015);

– Article 1 of Resolution No. 23/2003/QH11 dated November 26^th, 2003, of the National Assembly on houses and land managed and allocated by the State during the implementation of housing management policies and socialist reform policies before July 1^st, 1991;

– Article 5 of Resolution No. 755/2005/NQ-UBTVQH11 dated April 2^nd, 2005, of the Standing Committee of the National Assembly providing guidance  for the resolution of certain specific cases related to houses and land during the implementation of housing management policies and socialist reform policies before July 1, 1991;

– Clause 1, Article 4 of Decree No. 127/NĐ-CP dated October 10^th, 2005, of the Government guiding the implementation of Resolution No. 23/2003/QH11 dated November 26^th, 2003, of the National Assembly.

Keywords:

“Administrative decision”; “Decision on complaint resolution”; “Houses and land managed and allocated by the State”; “Housing management policies and socialist reform policies before July 1^st, 1991″.

CASE DETAILS

The origin of house No. 05 N, Quarter 3, Ward 2, City T, Trà Vinh Province belongs to Mr. Hồng Sa R and Mrs. Trầm Thị N (parents of Mrs. Hồng Thị L) who bought it from Mrs. Nguyễn Thị K in 1967 with an area of 505m². In 1969, the house was divided into 13 rooms used as sleeping rooms named Thống Nhất Sleeping Rooms.

In 1972, Mr. N and Mr. Hồng Sa R constructed an additional 3-story building, 5 units, 15 rooms at the back with a construction area of 77m². On April 13^th, 1976, Mr. N was granted Permit No. 548/TN/GP/ĐK by the Department of Commerce of Cửu Long Province for the rental of sleeping rooms. In August 1978, the Trà Vinh Town Hotel and Restaurant Company managed and continued operating the sleeping rooms, with the house owner serving as a staff member receiving a monthly salary.

On August 21^st, 1984, the People’s Committee of Trà Vinh Town issued Decision No. 35/QĐ-84 on managing the entire Thống Nhất Sleeping Rooms, located on N Street, Ward 2, Trà Vinh Town, belonging to Mr. Hồng Sa R, with the content: “Now People’s Committee of Trà Vinh Town will manage the entire house and land of Thống Nhất Sleeping Rooms on N Street, Ward 2, Trà Vinh Town of Mr. Hồng Sa R, including the front house and the rear building, and to allow 03 ground floor rooms in the rear building for Mr. Hồng Sa R to use.”

Due to ineffective business operations, on July 28^th, 1985, the People’s Committee of Trà Vinh Town issued Decision No. 59/QĐ-85 on housing allocation with the content: “Now transfer the entire Thống Nhất Sleeping Rooms on N Street, Ward 2, Trà Vinh Town to the Industrial Board of Trà Vinh Town.”

In 1990, the Trà Vinh Town Import-Export Company dissolved, and Mr. Hồng Sa R took back and used the house.

In 1992, Mr. Hồng Sa R applied to reclaim the house. In 1993, Mr. Hồng Sa R passed away, and his children, including Mrs. Hồng Thị L, continued to manage and use the house until now. Mrs. L applied for recognition of ownership of the entire house and land mentioned above.

On July 27, 2012, the Chairman of the People’s Committee of Trà Vinh Province issued Decision No. 1350/QĐ-UBND on resolving Mrs. L’s complaint as follows:

“Reject Mrs. L’s complaint requesting to legalize the entire house No. 05 on N Street, Quarter 3, Ward 2, City T, Trà Vinh Province.

Mrs. L is allowed to buy back the house and land at address No. 05 on N Street according to the provisions of Decree No. 61/CP dated July 5^th, 1994, of the Government.”

On August 13^th, 2012, Mrs. L filed a lawsuit against Decision No. 1350/QĐ-UBND dated July 27^th, 2012, of the Chairman of the People’s Committee of Trà Vinh Province.

In the First-instance Administrative Judgment No. 02/2015/HC-ST dated January 26^th, 2015, the People’s Court of Trà Vinh Province decided:

“Dismiss Mrs. Hồng Thị L’s request to vacate Decision No. 1350/QĐ-UBND dated July 27^th, 2012, of the Chairman of the People’s Committee of Trà Vinh Province.”

In addition, the first-instance court also decided on court fees and the appeal rights of the parties.

On January 31th, 2015, Mrs. Hồng Thị L appealed the entire First-Instance Judgment. In the Appellate Administrative Judgment No. 175/2016/HC-PT dated November 25^th, 2016, the High People’s Court in Hồ Chí Minh City decided:

“Accept the appeal of Mrs. Hồng Thị L.

Amend the First-instance Judgment No. 02/2015/HCST dated January 26^th, 2015, of the People’s Court of Trà Vinh Province.

Vacate the Decision No. 1350/QĐ-UBND dated July 27^th, 2012, of the Chairman of the People’s Committee of Trà Vinh Province regarding the resolution of the request of Mrs. Hồng Thị L, born in 1964, residing at No. 05 N, Quarter 3, Ward 2, City T, Trà Vinh Province.

The Chairman of the People’s Committee of Trà Vinh Province is responsible for issuing another decision in accordance with the law.”

Additionally, the appellate court also decided on court fees.

On January 10^th, 2017, the People’s Committee of Trà Vinh Province issued Dispatch No. 121/UBND-NC requesting a review under the cassation procedure for the Appellate Administrative Judgment No. 175/2016/HC-PT dated November 25^th, 2016, of the High People’s Court in Hồ Chí Minh City.

On February 23^rd, 2018, the Chief Justice of the Supreme People’s Court issued Decision No. 05/2018/KN-HC to appeal the Appellate Administrative Judgment No. 175/2016/HC-PT dated November 25^th, 2016, of the High People’s Court in Hồ Chí Minh City; requesting the Judicial Council of the Supreme People’s Court to conduct a cassation trial in the direction of vacating the Appellate Administrative Judgment No. 175/2016/HC-PT dated November 25^th, 2016, of the High People’s Court in Hồ Chí Minh City and upholding the First-instance Administrative Judgment No. 02/2015/HCST dated January 26^th, 2015, of the People’s Court of Trà Vinh Province.

At the cassation trial, the representative of the Supreme People’s Procuracy concurred with the appeal of the Chief Justice of the Supreme People’s Court but proposed that the Trial Panel vacate both the First-Instance and Appellate Judgments and dismiss the case because, according to Article 1 of Resolution No. 23/2003/QH11 dated November 26^th, 2003, of the National Assembly, the Chairman of the People’s Committee of Trà Vinh Province did not have the authority to issue a decision to resolve the request for legalization of Mrs. Hồng Thị L’s house.

COURT’S OPINION:

[1] Regarding the procedural compliance: Decision No. 1350/QĐ-UBND dated July 27^th, 2012, of the Chairman of the People’s Committee of Trà Vinh Province on resolving the complaint of Mrs. Hồng Thị L was issued based on the provisions of Article 1 of Resolution No. 23/2003/QH11 dated November 26^th, 2003, of the National Assembly on houses and land managed and allocated by the State during the implementation of housing management policies and socialist reform policies before July 1^st, 1991, which states that: 

“The State does not reconsider policies and the implementation of policies on housing management and socialist reform related to houses and land issued before July 1^st, 1991. The State does not recognize the reclaiming of houses and land that the State has managed and allocated during the implementation of housing management policies and socialist reform policies related to houses and land.” 

Decision No. 1350/QĐ-UBND dated July 27^th, 2012, of the Chairman of the People’s Committee of Trà Vinh Province created, changed, limited, and terminated the legitimate rights and interests of Mrs. Hồng Thị L. Therefore, according to the provisions of Articles 3 and 28 of the Law on Administrative Procedures of 2010, Decision No. 1350/QĐ-UBND dated July 27^th, 2012, is an administrative decision and subject to administrative litigation, thus the first-instance court’s acceptance and resolution of the case was within its jurisdiction.

[2] Regarding the merits:

[3] The house No. 05 N, Ward 2, City T, Trà Vinh Province, currently managed and used by Mrs. L, originally belonged to Mrs. L’s family.

However, on August 21^st, 1984, the People’s Committee of Trà Vinh Town issued Decision No. 35/QĐ-84 with the content: “Now People’s Committee of Trà Vinh Town will manage the entire house and land of Thống Nhất Sleeping Rooms on N Street, Ward 2, Trà Vinh Town of Mr. Hồng Sa R, including the front house and the rear building, and allow 03 ground floor rooms in the rear building for Mr. Hồng Sa R to use…” and on July 28^th, 1985, the People’s Committee of Trà Vinh Town issued Decision No. 59/QĐ-85 on transferring the entire Thống Nhất Sleeping Rooms to the Industrial Board of Trà Vinh Town for management.

In 1988, while still alive, Mr. Hồng Sa R applied to reclaim the house. However, in Dispatch No. 01/PĐ-88 dated January 8^th, 1988, of the People’s Committee of Trà Vinh Town and Dispatch No. 02/TT-NĐ dated November 5^th, 1988, of the People’s Committee of Cửu Long Province, the request to reclaim the house by Mr. Hồng Sa R was denied because the house was subject to socialist reform. Disagreeing with the resolution of the People’s Committee of Cửu Long Province, Mr. Hồng Sa R filed multiple complaints. After Mr. Hồng Sa R’s death, Mrs. Hồng Thị L continued the complaints.

[4] In Dispatch No. 358/BXD-TTr dated February 26^th, 2007, the Ministry of Construction expressed its opinion on Mrs. L’s complaint as follows: “Although the house mentioned above was directly used by Mr. Hồng Sa R, the State had previously issued a decision to manage this house and had practically allocated it for use from after liberation until Mr. Hồng Sa R’s family reoccupied it (in 1990).

Therefore, the Ministry of Construction agrees with the proposal of the People’s Committee of Trà Vinh Province to allow Mr. Hồng Sa R’s family to sign a rental contract for house No. 05 N Street with the State, and then, if Mr. R’s family has the need, they can purchase this house according to Decree No. 61/CP dated July 5^th, 1994, of the Government.”

[5] Thus, through the issuance of Decision No. 35/QĐ-84 dated August 21^st, 1984, and Decision No. 59/QĐ-85 dated July 28^th, 1985, of the People’s Committee of Trà Vinh Town, it is determined: “The State has managed and allocated the use of houses and land during the implementation of policies on housing management and socialist reform related to houses and land” as stipulated in Article 1 of Resolution No. 23/2003/QH11 dated November 26^th, 2003, of the National Assembly on houses and land managed and allocated by the State during the implementation of policies on housing management and socialist reform before July 1^st, 1991.

Therefore, Mrs. L’s complaint to reclaim the house at No. 05 N Street is baseless. The issuance of Decision No. 1350/QĐ-UBND dated July 27^th, 2012, by the Chairman of the People’s Committee of Trà Vinh Province, denying Mrs. L’s request, is in accordance with the law.

[6] For cases where the claimant challenges the administrative decision of the competent authority, which includes content denying the request to reclaim houses and land managed and allocated by the State during the implementation of policies on housing management and socialist reform related to houses and land before July 1^st, 1991, as stipulated in Article 1 of Resolution No. 23/2003/QH11 dated November 26^th, 2003, of the National Assembly, and the decision has been issued within the correct authority, content, and procedural order, the Court must accept the case to resolve it, but in the direction of “Dismiss the lawsuit” as per point a, clause 2, Article 193 of the Law on Administrative Procedures.

Therefore, in this administrative case, the first-instance court’s decision to dismiss Mrs. Hồng Thị L’s lawsuit to vacate Decision No. 1350/QĐ-UBND dated July 27^th, 2012, of the Chairman of the People’s Committee of Trà Vinh Province is grounded and lawful.

[7] Decision No. 1350/QĐ-UBND also stipulates: “Mrs. Hồng Thị L is allowed to repurchase the house and land at No. 05 N Street, Quarter 3, Ward 2, City T, Trà Vinh Province, as per Decree No. 61/CP dated July 5^th, 1994, of the Government.” Thus, allowing Mrs. L to repurchase the mentioned house and land in accordance with Decree No. 61/CP dated July 5^th, 1994, of the Government ensures her family’s rights.

[8] The appellate court, based on clause 1, Article 4 of Decree No. 127/ND-CP dated October 10^th, 2005, of the Government guiding the implementation of Resolution No. 23/2003/QH11 dated November 26^th, 2003, of the National Assembly and Article 5 of Resolution No. 755/2005/NQ-UBTVQH11 dated April 2^nd, 2005, of the Standing Committee of the National Assembly, accepted Mrs. L’s appeal and vacated Decision No. 1350/QĐ-UBND dated July 27^th, 2012, of the Chairman of the People’s Committee of Trà Vinh Province, which was an error in the application of the law.

[9] The opinion of the representative of the Supreme People’s Procuracy at the cassation trial is baseless; because, based on the provisions of Article 94 of the Law on Organization of the People’s Councils and People’s Committees of 2003, and Article 7 of the Law on Complaints of 2011, the Chairman of the People’s Committee of Trà Vinh Province issued a decision resolving Mrs. Hồng Thị L’s complaint in accordance with the law.

In light of the foregoing,

IT IS DECIDED:

Pursuant to clause 2, Article 266; clause 2, Article 272; and clause 2, Article 274 of the Law on Administrative Procedures of 2015:

1. Accept Appeal No. 05/2018/KN-HC dated February 23^rd, 2018, of the Chief Justice of the Supreme People’s Court.
2. Vacate the Appellate Administrative Judgment No. 175/2016/HC-PT dated November 25^th, 2016, of the High People’s Court in Hồ Chí Minh City; uphold the First-instance Administrative Judgment No. 02/2015/HCST dated January 26^th, 2015, of the People’s Court of Trà Vinh Province.

CONTENT OF THE CASE LAW:

“[6] For cases where the claimant challenges the administrative decision of the competent authority, which includes content denying the request to reclaim houses and land managed and allocated by the State during the implementation of policies on housing management and socialist reform related to houses and land before July 1^st, 1991, as stipulated in Article 1 of Resolution No. 23/2003/QH11 dated November 26^th, 2003, of the National Assembly, and the decision has been issued within the correct authority, content, and procedural order, the Court must accept the case to resolve it, but in the direction of “Dismiss the lawsuit” as per point a, clause 2, Article 193 of the Law on Administrative Procedures…””

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