The authorities need to intervene and resolve this issue promptly.

(Baonghean Newspaper) - Baonghean Newspaper received a complaint from Ms. Nguyen Thi Tung, residing in Thanh Nam village, Bong Khe commune (Con Cuong district), stating that the land use dispute between her and Ms. Nguyen Thi Luyen (residing in the same commune) has been resolved by courts at all levels, recognizing her legal right to use the land. However, for nearly six years, Ms. Nguyen Thi Luyen has refused to hand over the land, while the authorities have failed to intervene…

Mrs. Luyen's house was built on land belonging to Mrs. Tung.

In her petition, Ms. Nguyen Thi Tung stated: In 1996, she was granted plot number 289 by the People's Committee of Con Cuong District under Decision No. 18888 dated February 1, 1996, comprising garden land and residential land with an area of ​​400m2 in Lien Tan village, Bong Khe commune (now Tan Dan village). In 1999, after completing the procedures and receiving the Land Use Right Certificate from the People's Committee of the district, she went to Dak Lak to help her son with his business. In July 2007, upon returning home, she discovered that Ms. Nguyen Thi Luyen was using the plot of land that she had previously been granted. She requested Ms. Luyen to return the land, but Ms. Luyen refused, claiming that the land had been transferred by Mr. Trinh Xuan Dong (Ms. Tung's husband) and that the People's Committee of the district had already issued a Land Use Right Certificate for it…

The enforcement record confirms that Ms. Luyen agreed to return the land to Ms. Tung.

Based on Ms. Nguyen Thi Tung's complaint, we learned that the land dispute between the two parties had been mediated by the local authorities but without success, and subsequently the Con Cuong District People's Court took over the case. At the trial on April 10, 2008, the first-instance judgment No. 02/2008 ruled: "Accepting Ms. Nguyen Thi Tung's request to reclaim 400m2 of land from Ms. Nguyen Thi Luyen. Ms. Nguyen Thi Luyen is ordered to return the 400m2 plot of land in Tan Dan village, Bong Khe commune to Ms. Nguyen Thi Tung." The basis for the Con Cuong District People's Court's decision is that Mr. Trinh Xuan Dong and Ms. Tung divorced in 1993. Ms. Tung moved out and was granted a 400m2 plot of land in Lien Tan village by the local authorities. In 1996, the Con Cuong District People's Committee issued a Certificate of Land Use Rights in Ms. Tung's name. Therefore, Ms. Tung has the rights and obligations of a land user with respect to the aforementioned plot of land as stipulated in the 1993 Land Law.

Ms. Luyen's presentation of documents related to the land transfer between Mr. Dong and Ms. Luyen is invalid because Ms. Tung did not sign the power of attorney, and there was no certification from a competent authority, therefore it has no legal value. Currently, Mr. Dong has passed away, but Ms. Luyen and the land cadastral officer of Bong Khe commune at that time both acknowledge that the tax declaration and the transfer contract were directly signed by Mr. Dong with the handwriting "Tung," so there is no need for signature verification. Mr. Dong's unauthorized transfer of land to Ms. Luyen was a violation of the law, therefore the Land Use Right Certificate issued to Ms. Luyen is illegal. The District People's Committee has revoked the land and canceled the previously issued Land Use Right Certificate to Ms. Luyen.

Disagreeing with the first-instance judgment, on April 22, 2008, Ms. Luyen filed an appeal requesting a review by the appellate court. Based on the case file documents, the results of questioning and arguments, in judgment No. 51, the appellate court of the Provincial People's Court, held on June 23, 2008, rejected Ms. Luyen's appeal and upheld the first-instance judgment, accepting Ms. Tung's claim for the 400m2 of land and ordering Ms. Luyen to return the land to Ms. Tung.

After the appellate judgment took effect, and following Ms. Tung's request for enforcement, on July 4, 2008, the Civil Enforcement Department of Con Cuong District issued Decision No. 10/QD-THA, requiring Ms. Luyen to return the land to Ms. Tung. On August 14, the Civil Enforcement Department of the district, along with representatives from the Bong Khe Commune People's Committee and other relevant parties, completed all necessary procedures. Accordingly, Ms. Luyen agreed to return the land as ordered by the People's Court (with a land use rights transfer record), and also requested Ms. Tung to return some trees and crops that had been planted (which had been resolved amicably between the two parties and recognized by the court).

The matter seemed to be over, but after Ms. Tung went to Dak Lak, Ms. Luyen continued to occupy and build a house on Ms. Tung's land. The local authorities discovered the incident, suspended the proceedings, and drew up a report. At this point, Ms. Luyen filed another petition requesting a review under the cassation procedure. Subsequently, the Chief Justice of the Supreme People's Court issued Decision No. 404/2011 KN-CATA dated June 23, 2011, appealing and requesting the Supreme People's Court to review the case under the cassation procedure, overturning civil judgment No. 51 of the Provincial People's Court and judgment No. 02 of the District People's Court, and simultaneously remanding the case to the Con Cuong People's Court for retrial in accordance with regulations. However, after reviewing the entire case and related documents, it was deemed unnecessary to re-examine the case. Therefore, on June 26, 2012, the Chief Justice of the Supreme People's Court issued a Decision withdrawing the appeal in Decision 404/2011, and simultaneously upholding the legal validity and effect of the two previous judgments.

Speaking with us, Mr. Ha Duc Dat, Chairman of the Bong Khe Commune People's Committee, said: Based on the judgments already pronounced, after Ms. Luyen arbitrarily built a house on Ms. Tung's land, the commune stopped the construction and demanded that Ms. Luyen dismantle the structure and return the land to Ms. Tung, but Ms. Luyen refused… According to Mr. Vi Van Nhung, head of the civil enforcement agency of Con Cuong district: The previous land dispute has been handled by the enforcement agency, and both parties have reached an agreement. Ms. Luyen agreed to return the land to Ms. Tung, and Ms. Tung paid compensation for the trees planted by Ms. Luyen. Regarding the current issue, Ms. Tung needs to submit a petition for further resolution.

Thus, it can be seen that Ms. Nguyen Thi Tung's claim to the 400m2 plot of land in Tan Dan village, Bong Khe commune, currently used by Ms. Luyen, is entirely justified. The land has been declared by two levels of courts as belonging to Ms. Tung, and Ms. Luyen herself has agreed and signed the enforcement settlement minutes and the land use rights transfer minutes to Ms. Tung. Therefore, Ms. Luyen's subsequent unauthorized construction of a house on Ms. Tung's land is a violation of the law. Currently, to protect her legitimate rights and interests, Ms. Tung needs to submit a petition requesting the relevant authorities to resolve the matter. This incident shows that the irresponsible actions of the collective and individuals involved in confirming the transfer contract between Mr. Dong and Ms. Luyen, as well as the issuance of the Land Use Rights Certificate to Ms. Nguyen Thi Luyen previously, are the basis for this situation. Therefore, the People's Committee of Con Cuong District and Bong Khe Commune need to seriously review the actions of the individuals and groups involved, considering this a lesson to avoid similar mistakes in the future.

Quang An