Ms. Cao Thi Duc and Mr. Nguyen Kieu filed a false complaint.
(Baonghean) - Ms. Cao Thi Duc and Mr. Nguyen Kieu (Hamlet 4, Dien Phuc Commune, Dien Chau District) complained about Decision No. 1729/QD-UBND dated July 8, 2013 of the People's Committee of Dien Chau District regarding the revocation of the Land Use Rights Certificate of Ms. Cao Thi Duc's family (Land Use Rights Certificate issued on October 25, 1999, code L123963, plot number 981, area 390 m2belonging to Dien Phuc commune, Dien Chau district) is not in accordance with regulations, because her family received the transfer of land use rights from Mr. Nguyen Trung Quyen and has been using the land stably since 1993; Mr. Nguyen Trung Quyen's name was in the Land Registration Book at the time of transfer to her family. On April 22, 2014, the Provincial People's Committee issued Decision No. 1660/QD-UBND-KT on resolving the complaints of Ms. Cao Thi Duc and Mr. Nguyen Kieu as follows:
- Ms. Nguyen Thi Tang and Ms. Nguyen Thi Tue filed a petition against the People's Committee of Dien Chau district for granting the Land Use Rights Certificate in 1999 to Mr. Nguyen Kieu and Ms. Cao Thi Duc in violation of the law, because land plot No. 981, area 390 m2left by the father and mother of Ms. Nguyen Thi Tang and Ms. Nguyen Thi Tue (common property).
- On July 8, 2013, the People's Committee of Dien Chau district issued Decision No. 1729/QD-UBND on revoking the Land Use Right Certificate issued by the People's Committee of Dien Chau district to Mr. Nguyen Kieu and Ms. Cao Thi Duc on October 25, 1999, code L123963, plot number 981, area 390 m2in Dien Phuc commune, Dien Chau district.
Based on the results:
+ Check and verify the origin and land use process.
+ Evidence of origin and land use process of Ms. Cao Thi Duc.
+ Check and verify the transfer and grant of Land Use Rights Certificate to Mr. Nguyen Kieu and Ms. Cao Thi Duc.
+ On land management records over time.
+ Regarding the current status of land use plot number 981, area 390 m2.
+ Resolution results of Dien Chau District People's Court.
+ The dialogue results on March 3, 2014 organized by the Department of Natural Resources and Environment had the participation of Ms. Cao Thi Duc and Mr. Nguyen Kieu, representatives of the People's Committee of Dien Chau district and the People's Committee of Dien Phuc commune; the related people were Ms. Nguyen Thi Tang, Ms. Nguyen Thi Tue (absent), Ms. Cao Thi Phuong (wife of Mr. Nguyen Trung Quyen), Mr. Cao Nhan Luc (husband of Ms. Nguyen Thi Khuyen), the Inter-sectoral Working Group led by the Department of Natural Resources and Environment.
The Provincial People's Committee concluded:
1. Ms. Cao Thi Duc's complaint about Decision No. 1729/QD-UBND dated July 8, 2013 of the People's Committee of Dien Chau district on revoking the Land Use Right Certificate granted to Mr. Nguyen Kieu and Ms. Cao Thi Duc on October 25, 1999, code L123963, plot number 981, area 390 m2Complaining that the complaint is not in accordance with regulations in Dien Phuc commune, Dien Chau district is a false complaint because:
- The application for a Certificate of Land Use Rights of Ms. Cao Thi Duc's family was prepared, confirmed, and assessed incompletely and not in accordance with the provisions of law at the time. The People's Committee of Dien Chau district issued a Certificate of Land Use Rights to Mr. Nguyen Kieu and Ms. Cao Thi Duc without the documents prescribed in Article 6 of the Regulations on valid documents for consideration and issuance of Certificates of Land Use Rights for residential land and garden land and residential land premises issued together with Decision No. 843/QD/UB dated April 8, 1996 of the People's Committee of Nghe An province (the transfer dossier was not yet permitted by the People's Committee of Dien Chau district, the House Transfer Certificate was only confirmed by the People's Committee of Dien Phuc commune).
- Area 390 m2Land, plot number 981, map sheet number 1, Dien Phuc commune, originated from the land of Mr. Nguyen Du and Ms. Pham Thi Coi, but there is no Will or agreement on division of inheritance according to the provisions of the law on inheritance for Mr. Nguyen Trung Quyen; Mr. Nguyen Trung Quyen also does not have other legal documents according to the provisions of the law on the right to use the above land plot, so he does not have the right to transfer the land area of 390 m2.2to Ms. Cao Thi Duc according to the provisions of Clause 2, Article 30, Land Law dated July 14, 1993.
2. Decision No. 2621/QD-UBND dated November 14, 2013 of the Chairman of Dien Chau District People's Committee on handling Ms. Cao Thi Duc's complaint ensures compliance with legal regulations.
Provincial People's Committee
