Discussion on litigants and the resolution of lawsuits in the current stage of land acquisition, compensation, support, and resettlement

Abstract

Administrative litigation concerning land acquisition, compensation, support, and resettlement constitutes one of the most sensitive and frequent categories of administrative justice in Vietnam. In practice, disputes in this field account for a large proportion of administrative cases and often give rise to prolonged social tensions between the State and land users. Despite the existence of an established legal framework, significant shortcomings persist in both access to administrative litigation and the standards of judicial review. Vietnamese law primarily permits lawsuits against specific administrative decisions and acts, while excluding normative or policy-based decisions that frequently serve as the root causes of land-related disputes. In addition, judicial review remains largely confined to assessing legality, without adequately considering the reasonableness or proportionality of administrative decisions. This approach has resulted in many formally lawful decisions producing substantively unfair outcomes, such as inadequate compensation and prolonged grievances. This article examines the persons and entities eligible to initiate administrative lawsuits and the mechanisms for resolving such disputes. Based on doctrinal legal analysis, case-law analysis, and comparative perspectives, it proposes reforms to expand access to litigation, incorporate reasonableness into judicial review, and enhance judicial independence.