Suddenly lost the frontage land for unknown reasons!

(Baonghean.vn) – Having invested a lot of money to buy land with two frontages and having been granted land use right certificates, 3 citizens residing in Yen Phuc A block, Hung Binh ward, Vinh city were “shocked” by the information that a person from the commercial service and housing project of Phuoc Tai Company Limited “revealed”: their land only had one frontage…

People are angry

The three households involved include the families of Mr. Nguyen Xuan Tung and his wife, Nghiem Thi Quy; Nguyen Van Minh and Nguyen Thi Thanh Huong; and Mr. Bui Xuan Binh. The petition sent to Nghe An Newspaper was represented by Mr. Nguyen Xuan Tung.

The land that Mr. Nguyen Xuan Tung is using is a Viet Phap auto repair garage.

Mr. Tung stated that in 2015, he was introduced to buy a plot of land from Mr. Doan Quang Thuoc's family, adjacent to Doc Thiet Street (Hung Binh Ward) and Ho Sy Duong Street (with planning approved by competent authorities). Checking the legality of land records, from the block, ward government to Vinh city, all showed that the plot of land with an area of ​​132m2 of Mr. Thuoc's family was located at the "intersection" between Doc Thiet Street and Ho Sy Duong planned street, a prime location convenient for business, so Mr. Tung decided to spend up to 2,850,000,000 VND to buy it.

Land use right certificate of Mr. Nguyen Xuan Tung (2015).

After purchasing the land, on March 17, 2015, Mr. Tung was granted a land use right certificate by the Vinh City People's Committee, which clearly showed that the land plot (No. 138) was adjacent to Doc Thiet Street and Ho Sy Duong Street. Until early 2016, Mr. Tung's family was surprised to see some people come to measure and mark the area and declare that their land was being used as a car repair garage only on Doc Thiet Street, while next to it was the project land of Phuoc Tai Company Limited. Two neighboring families, Mr. Nguyen Van Minh and Mr. Bui Xuan Binh, were in the same situation.

The land use rights certificate shows that Mr. Nguyen Xuan Tung's land is adjacent to Doc Thiet and Ho Sy Duong streets.

Faced with this "earth-shattering" incident, 3 households went to the ward People's Committee to inquire and were told that in 2012, the provincial People's Committee approved the planning allowing Phuoc Tai Company Limited to build a commercial service and housing project in Hung Binh ward. According to the project planning of Phuoc Tai Company Limited, Ho Sy Duong Street deviated from the original planning position; between Ho Sy Duong Street and the residential land of the three families were 3 plots of land granted to Phuoc Tai Company Limited, belonging to the commercial service and housing project.

The 3 households raised many questions: Why did the planning organization for the construction of the commercial service and residential area not consult the people in the planning area? Why was the planning adjusted in the direction of straightening Ho Sy Duong Street? Did the assignment of 3 residential land lots to Phuoc Tai Company Limited seriously affect their legal land rights that the state had recognized for them?...

Citizens' petition is valid!

This is stated in Official Dispatch No. 1454/UBND-QLDT dated April 7, 2016 of Vinh City People's Committee.

According to Official Dispatch 1454, at the end of February 2016, Vinh City People's Committee also received a petition from Mr. Nguyen Xuan Tung - representing 3 households with the above mentioned contents. Through checking documents and reviewing the current status, Vinh City People's Committee determined that Ho Sy Duong Street was previously planned to be 15m wide. During the period of 2005 - 2006, when Hung Phuc new ward was established, Hung Binh ward was approved by the province to adjust the detailed planning.

In July 2009, the Provincial People's Committee approved the detailed planning of Hung Binh ward, in which Ho Sy Duong street was adjusted to 18m wide to build drainage ditch No. 2. This new planning shows that Ho Sy Duong street is adjacent to agricultural land.

As shown in the detailed planning of the Commercial Service and Housing project, the land cut between 3 households and Ho Sy Duong street has formed 3 residential plots and assigned to Phuoc Tai Company Limited.

Also in July 2009, Phuoc Tai Company Limited was permitted by the Provincial People's Committee to survey and implement the commercial service and housing project in Hung Binh Ward. Based on the new detailed planning of Hung Binh Ward, Phuoc Tai Company Limited established a detailed project plan and was approved by the Provincial People's Committee in Decision No. 293.UBND.CN dated October 31, 2012; then, the planning adjustment was approved in Decision No. 497/QD-UBND.XD dated February 4, 2013. In particular, to exploit the surplus land fund, the Provincial People's Committee approved the agricultural land plots between Ho Sy Duong Street and the land of 3 households into 3 new residential plots.

The reason for adjusting the planning of Ho Sy Duong Street is that, and although Phuoc Tai Company Limited based on the detailed planning of Hung Binh Ward to implement the project planning, Vinh City People's Committee determined: Phuoc Tai Company Limited's detailed planning of the commercial service and housing project but did not organize to collect comments from people in the planning area is not in compliance with the Urban Planning Law No. 30/2009/QH12.

Official dispatch 1454 of Vinh City People's Committee.

And, through checking the financial obligations of the 3 households, at the time of land allocation under Decision 52 (the land plots of the 3 families had applications originating from land allocation under Decision 52 - PV) were valued higher than other plots of land in the area; during the land use process, the 3 households paid higher taxes than the adjacent plots of land. Therefore, the rights of the households were affected.

Ensure people's rights

From the inspection results, in Official Dispatch 1454, Vinh City People's Committee proposed a plan to maintain the route and road boundary of Ho Sy Duong Street as approved by the Provincial People's Committee in the detailed planning of Hung Binh Ward in 2009; and requested the Provincial People's Committee to consider directing Phuoc Tai Company Limited not to plan the 3 related land lots for residential purposes, but to adjust this local planning to green land and sports grounds for the community in the area.

However, when talking to reporters, 3 related households disagreed with the plan of Vinh City People's Committee because they believed that losing the advantage of residential land frontage would cause them great economic losses; at the same time, the houses that had been built were no longer suitable. "We do not agree with the city's plan that was proposed to the Provincial People's Committee. With that plan, our legitimate rights will be affected..." - a household expressed their opinion.

Ditch No. 2 and Mrs. Nguyen Thi Thanh Huong's house, the land in the middle is the approved plot of land assigned to the project of Phuoc Tai Company Limited.

Checking the current land use status, the petition of 3 households regarding land rights is legitimate. It is understandable that when dividing wards, adjusting the planning accordingly is an obvious thing to happen. However, after adjusting the planning, according to the law, information must be made public. Here, the detailed planning of Hung Binh Ward and the detailed planning of the commercial service and housing project of Phuoc Tai Company Limited were not made public, causing not only the people but also the land officials at 2 levels (Hung Binh Ward and Vinh City) to not grasp it.

Land is a property that the law allows to be transferred. The plots of land involved have been transferred several times, and the transferees all bought them at the street frontage value. Now if the advantage of the street frontage is lost, their plots of land will lose all value, and the economic loss will be huge. Therefore, once the petitions of the households have been determined to be well-founded, the relevant authorities need to propose appropriate solutions to ensure the legitimate rights of the people.

Ha Giang