It is necessary to ensure legitimate rights for the people.

(Baonghean) - Nghe An Newspaper received a petition from Ms. Nguyen Thi Ha, resident of Hamlet 3, Nghi Long Commune, Nghi Loc District, complaining about the decision of Nghi Loc District People's Committee to revoke her Land Use Rights Certificate (LURC) which was not in accordance with regulations and affected her family's rights.

According to Ms. Ha, in 2003, the People's Committee of Nghi Thiet commune announced the sale of residential land, her family submitted an application to buy land and paid the full amount of 8 million VND to the commune. At the time of buying the land, her family did not have a household registration in Nghi Thiet commune, but compared with the decisions of the People's Committee of Nghi Loc district, it was not contrary to the regulations. In June 2003, based on the submission of the People's Committee of Nghi Thiet commune, the People's Committee of Nghi Loc district decided to allocate land and issue a rural land use right certificate to her with an area of ​​200 m2, in the Lo Ngoi area, Nghi Thiet commune. The land plot was granted land use right certificate No. 1156/QSDD dated June 26, 2003. However, on September 25, 2006, the People's Committee of Nghi Loc district issued Decision No. 900/QD-UBND to cancel the land allocation decision and revoke the land use right certificate granted to her. “I bought the land publicly, legally and it was approved by the competent authorities. Therefore, the decision to revoke my land use right certificate is not in accordance with the regulations,” Ms. Ha affirmed.

According to the information provided by Ms. Ha, in 2003, Nghi Thiet Commune People's Committee carried out the consideration of allocating residential land to local people according to the decision approved by the district and province so that people in need of residential land could register; Priority was given to considering and proposing to grant land to those who had a real need for residential land and had permanent residence in the commune. After that, if the people in the commune did not have a need, other subjects would be considered.

When Nghi Thiet commune announced, households came to submit applications and money to the commune, including Mrs. Nguyen Thi Ha's household. Nghi Thiet commune People's Committee prepared documents and completed procedures to request the district People's Committee to issue land use right certificates to Mrs. Nguyen Thi Ha and other households. Nghi Loc district People's Committee decided to allocate land and issue a rural land use right certificate to Mrs. Nguyen Thi Ha with an area of ​​200m2, in Lo Ngoi area, Nghi Thiet commune.

Ms. Nguyen Thi Ha, Nghi Long commune, Nghi Loc district, requested the State to compensate her family for damages if the decision of Nghi Loc district People's Committee to revoke the land use right certificate for her family is in accordance with regulations.

In January 2005, the Standing Committee of Nghi Loc District Party Committee inspected the development and implementation of working regulations and the leadership and direction of the State in implementing land management and budget revenue and expenditure from 2000 to 2004 in Nghi Thiet commune. Through the inspection, the delegation discovered that land management in the commune was not carried out seriously and not in accordance with the provisions of law. The procedures for land allocation and land collection in some cases were not strict; State inspection and management were still lax, and some cases of falsified land purchase and sale records for profit...

From those violations, the Standing Committee of the District Party Committee assigned the District People's Committee to issue a decision to revoke 12 decisions to grant land use right certificates with a total area of ​​2,350 square meters. This land was granted to 9 cases of non-locals who falsified their records (including the case of Ms. Nguyen Thi Ha) and 3 cases in Nghi Thiet that did not follow the correct procedures and were not suitable for the subjects. At the same time, the Standing Committee of the District Party Committee issued a decision to discipline the Party Secretary and Chairman of the People's Committee of Nghi Thiet commune for the above violations.

Thus, the reason why the District People's Committee decided to revoke Ms. Ha's land use right certificate is because the land allocation and issuance of land use right certificate had falsified documents and were not for the right subjects. Specifically, according to Clause 2, Article 9 of Decision 868/QD-UB.DC dated April 9, 1996 of the Provincial People's Committee regulating the allocation of rural land to households and individuals in rural areas, the land allocation condition is: "Having a permanent residence registration at the place where the land allocation is requested".

Compared with the above regulations, Ms. Ha is not eligible for rural land allocation according to regulations because up to now, Ms. Ha has a household registration in Hamlet 3, Nghi Long Commune, but in the land use right certificate application file under the name Nguyen Thi Ha, the household registration is recorded in Hamlet Dinh, Nghi Thiet Commune. Therefore, the District People's Committee believes that Ms. Ha does not have a permanent household registration at the land allocation location as shown in the file, so the Nghi Thiet Commune People's Committee's establishment of a land allocation file in the Lo Ngoi area is not in accordance with regulations.

Checking the land use right certificate application of Ms. Ha shows that in documents such as: application for land for family housing, declaration of land use fee payment, payment receipt to the state budget, declaration of registration fee, Ms. Ha's household registration is recorded in Nghi Thiet commune. However, in the receipt that Ms. Ha submitted to Nghi Thiet commune People's Committee on June 9, 2003, her household registration is recorded in hamlet 3, Nghi Long commune. Ms. Ha said that the registration of the documents was done by Nghi Thiet commune People's Committee and her family did not know.

The documents in the land use right certificate application file of Ms. Nguyen Thi Ha all show her address in Nghi Thiet commune.

Discussing this issue, Mr. Nguyen Xuan Thanh - Deputy Head of the Department of Natural Resources and Environment of Nghi Loc district said: There was an incident in which Nghi Thiet commune officials at that time recorded Ms. Ha's household registration incorrectly. Compared with the provisions of the law, this is an act of falsifying documents for personal gain. Therefore, all documents related to Ms. Ha are not in accordance with regulations. The decision of Nghi Loc district People's Committee to revoke the land use right certificate granted to Ms. Nguyen Thi Ha is in accordance with regulations.

However, up to now, Ms. Ha has not complied but continues to file a complaint. The District People's Committee has directly established an inspection team and issued a conclusion, but Ms. Ha still does not agree. Recently, at the dialogue on February 2, 2016, Ms. Ha and her husband requested the District People's Committee to handle and resolve her family's case according to Official Dispatch No. 2343/UBND-KT of the Provincial People's Committee on handling cases of land allocation to the wrong subjects that have been inspected and discovered in the province. Accordingly, at Point a, Section 1, Official Dispatch No. 2343 stipulates that for cases of land allocation to the wrong subjects before July 1, 2004, for which a Certificate of Land Use Rights was granted but was revoked, the settlement will be in the direction of allowing procedures to be carried out for granting a Certificate of Land Use Rights (according to the procedure for granting outstanding Certificates of Land Use Rights).

However, after reviewing the records and comparing with Official Dispatch 2343, it was found that there were many unclear points, causing confusion for Nghi Loc District People's Committee in the handling process. According to the conclusion of Nghi Loc District Party Committee on May 8, 2005, Nghi Loc District People's Committee's issuance of a land use right certificate to Ms. Nguyen Thi Ha was wrong and not in accordance with regulations. The reason was due to the act of falsifying records to gain benefits in the application for land allocation and issuance of land use right certificates.

So, is it appropriate to consider and resolve Ms. Nguyen Thi Ha in accordance with the spirit of Official Dispatch 2343? Ms. Nguyen Thi Hoi - Deputy Chief Inspector of Nghi Loc District People's Committee said: "In response to the above problem, on July 5, 2012, Nghi Loc District People's Committee sent an official dispatch to the Provincial People's Committee asking for opinions and instructions on how to handle it, but up to now, the Provincial People's Committee has not yet responded. Therefore, Ms. Ha's case has not yet found another solution."

On February 4, 2016, Nghi Loc District People's Committee issued Decision No. 226/QD.UBND on resolving the content of Ms. Nguyen Thi Ha's petition regarding the complaint against Decision No. 900 dated September 25, 2006 of Nghi Loc District People's Committee on revoking the Land Use Right Certificate under the name of Ms. Nguyen Thi Ha, accordingly, Article 1 affirmed that Decision 900/QD-UBND is correct, the cancellation of the land allocation decision and revoking the Land Use Right Certificate granted to her is correct...

Thus, the District People's Committee's decision to cancel the land allocation decision and revoke the land use right certificate granted to Ms. Ha is in accordance with the provisions of the 1993 Land Law, because the District People's Committee granted the wrong certificate to the wrong subject, so they decided to revoke Ms. Ha's land use right certificate.

The complaint of Ms. Nguyen Thi Ha about the decision to revoke the land use right certificate of Nghi Loc District People's Committee is well-founded because she spent money to buy the land, the documents were complete and the District People's Committee issued the land use right certificate even though it was contrary to the provisions of the 1993 Land Law. The problem here is the responsibility of the commune land administration, the Chairman of Nghi Thiet Commune People's Committee and related people when guiding Ms. Ha to do that procedure was not in accordance with the provisions of Article 6, Decree 64-CP of the Government dated September 27, 1993.

The reality is that it is necessary to ensure the legitimate rights of the people when they have been considered for land allocation and land use right certificates in order to have a satisfactory solution. Through this incident, the Department of Natural Resources and Environment needs to intervene to promptly grasp the situation, guide the Nghi Loc District People's Committee on appropriate solutions in accordance with the law, and at the same time ensure the legitimate rights of the people.

Pham Bang