Authorities need to intervene soon to resolve the issue.

(Baonghean) - Nghe An Newspaper received a complaint from Ms. Nguyen Thi Tung, Thanh Nam village, Bong Khe commune (Con Cuong) stating: The land use rights dispute between Ms. Nguyen Thi Luyen (living in the same commune) and her has been resolved by courts at all levels and recognized her legal right to use the land. However, after nearly 6 years, Ms. Nguyen Thi Luyen still refuses to hand over the land, while the authorities have not intervened to resolve the issue...

Mrs. Luyen built the house on Mrs. Tung's land.

In the petition, Ms. Nguyen Thi Tung stated: In 1996, she was granted land plot No. 289 by the People's Committee of Con Cuong district in Decision No. 18888 dated February 1, 1996, including 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 being granted a Land Use Rights Certificate by the District People's Committee, she went to Dak Lak to help her children with their economic activities. In July 2007, when she returned to her hometown, she discovered that Ms. Nguyen Thi Luyen was using the land plot that she had been granted before. She asked Ms. Luyen to return this land plot, but Ms. Luyen did not return it, with the reason that this land was transferred by Mr. Trinh Xuan Dong (Ms. Tung's husband) and had been granted a Land Use Rights Certificate by the District People's Committee...

The minutes of the execution of the judgment confirmed that Ms. Luyen agreed to return the land to Ms. Tung.

From the incident reported by Ms. Nguyen Thi Tung, we learned that the land dispute between the two parties was mediated by the local government but failed, then the People's Court of Con Cuong district accepted the case. At the trial on April 10, 2008, the First Instance Judgment No. 02/2008 decided: "Accept the request to reclaim 400m2 of land from Ms. Nguyen Thi Tung against Ms. Nguyen Thi Luyen. Force Ms. Nguyen Thi Luyen to return to Ms. Nguyen Thi Tung the 400m2 land in Tan Dan village, Bong Khe commune". The basis for the People's Court of Con Cuong district to issue the above decision is that Mr. Trinh Xuan Dong and Ms. Tung have been divorced since 1993. Ms. Tung has moved out and the local government has granted her a 400m2 plot of land in Lien Tan village and in 1996, the People's Committee of Con Cuong district has granted her a Land Use Rights Certificate in Ms. Tung's name, so Ms. Tung has the rights and obligations of a land user for the above plot of land according to the provisions of the 1993 Land Law.

Ms. Luyen's submission of documents related to the land transfer between Mr. Dong and Ms. Luyen is invalid, because Ms. Tung herself did not sign the authorization letter, and there was no certification from the competent authority, so it has no legal value. Currently, Mr. Dong has passed away, but Ms. Luyen and the cadastral officer of Bong Khe commune at that time both admitted that the tax declaration and the transfer contract were directly signed by Mr. Dong with the name "Tung", so there is no need to verify the signature. Mr. Dong's arbitrary transfer of land to Ms. Luyen is a violation of the law, so the Land Use Rights Certificate issued to Ms. Luyen is illegal, the District People's Committee has revoked the land and canceled the Land Use Rights Certificate previously issued to Ms. Luyen.

Disagreeing with the first instance judgment, on April 22, 2008, Ms. Luyen filed an appeal requesting the appellate court to reconsider. Based on the case file documents, the results of questioning and debate, in judgment No. 51, the Provincial People's Court of Appeal opened on June 23, 2008, rejected Ms. Luyen's appeal request, and at the same time upheld the judgment of the first instance judgment, accepting Ms. Tung's request to reclaim 400m2 of land, forcing Ms. Luyen to return the above land to Ms. Tung.

After the appellate judgment came into effect, and at the same time, there was a request for enforcement of the judgment by Ms. Tung, on July 4, 2008, the Civil Judgment Enforcement of Con Cuong district issued Decision No. 10/QD-THA, requiring Ms. Luyen to return the land with the above area to Ms. Tung. By August 14, the Civil Judgment Enforcement of the district and the representative of the People's Committee of Bong Khe commune, the related parties had carried out all procedures according to regulations. Accordingly, Ms. Luyen agreed to return the area according to the judgment of the People's Court (with a record of land use rights transfer), at the same time, requested Ms. Tung to return some trees and crops that arose (which were resolved by both parties and recognized by the court).

The incident seemed to have ended, 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 and stopped the recording of the case. At this time, Ms. Luyen continued to file a petition for review under the Chief Justice procedure, then the Chief Justice of the Supreme People's Court issued Decision No. 404/2011 KN-CATA dated June 23, 2011, protesting, requesting the Supreme People's Court to review under the Chief Justice procedure, annulling civil judgment No. 51 of the Provincial People's Court and judgment No. 02 of the District People's Court, and at the same time, handing over the case file to the Con Cuong People's Court for retrial at first instance in accordance with regulations. However, after reviewing the entire case and related records, it was deemed unnecessary to re-settle the case. Therefore, on June 26, 2012, the Chief Justice of the Supreme People's Court issued a Decision to withdraw the appeal in Decision 404/2011, and at the same time recognized the legality and legal effect as the two previous judgments.

Talking to us, Mr. Ha Duc Dat, Chairman of Bong Khe Commune People's Committee said: Based on the verdicts, after Ms. Luyen arbitrarily built a house on Ms. Tung's land, the commune suspended the construction and requested Ms. Luyen to dismantle the construction and return the land to Ms. Tung, but Ms. Luyen did not accept... According to Mr. Vi Van Nhung, head of civil enforcement of Con Cuong district: The previous land dispute was organized for enforcement, and the two sides 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. As for the current incident, Ms. Tung needs to file a petition to continue to resolve it.

Thus, it can be seen that Ms. Nguyen Thi Tung's claim for the 400m2 land plot in Tan Dan village, Bong Khe commune, currently used by Ms. Luyen, is completely legitimate. The above land plot has been declared by the 2-level court to belong to Ms. Tung and Ms. Luyen herself has also accepted and agreed to sign the minutes of the judgment execution settlement, the minutes of the land use rights transfer back to Ms. Tung. Therefore, Ms. Luyen later arbitrarily built a house on Ms. Tung's land, which is a violation of the law. Currently, to protect her legitimate rights and interests, Ms. Tung needs to file a petition requesting the competent authorities to resolve the matter. Through this incident, it can be seen that the irresponsible actions of the collective and individuals related to the confirmation of 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 in the past, are the basis for the incident. Therefore, the People's Committee of Con Cuong district and Bong Khe commune need to seriously review the individuals and collectives involved, considering this a lesson to avoid similar mistakes.

Quang An