Chairman of Nghe An Provincial People's Committee Nguyen Duc Trung periodically receives citizens in January 2024

Attending the meeting were representatives of the Standing Committee of the Provincial People's Council, the Provincial National Assembly Delegation, the Provincial Fatherland Front Committee, leaders of Party committees, departments, branches and Tan Ky district.

Chairman of the Provincial People's Committee Nguyen Duc Trung received citizen Nguyen Hong Son, residing in Thung Mon hamlet, Dong Van commune, Tan Ky district. Mr. Son complained about Decision No. 09 of the Tan Ky district People's Committee for not resolving objectively and contrary to the law regarding the case in which he reported that Hoang Danh Company Limited illegally encroached and used 2.5 hectares of his family's land.

Mr. Son stated that on December 12, 2007, Mr. Nguyen Ba Linh, Lang Van Khuyen, and Lang Van Khuyen agreed to transfer to Mr. Nguyen Tan Phuong and Mr. Nguyen Hong Son land plot number 98, map sheet number 3, with an area of ​​about 2.5 hectares. The transfer commitment dated December 13, 2007 was confirmed by the People's Committee of Tan Hop commune.

According to records, in 2006, Mr. Lang Van Khuyen was granted a land use right certificate by the People's Committee of Tan Ky district, with an area of ​​37,501m2.², type of production forest land. On September 23, 2007, Mr. Lang Van Khuyen transferred and handed over 3,500 m²for Hoang Danh Company Limited to make a production area with the amount of 23.1 million VND.

Reporting on the process of handling the citizen's petition, Vice Chairman of Tan Ky District People's Committee Pham Hong Son said that the Chairman of Tan Ky District People's Committee has issued a Decision to establish a Delegation to verify the content of the petition reflecting the petition of Mr. Nguyen Hong Son. Based on the report of the Delegation, on July 26, 2023, Tan Ky District People's Committee issued Conclusion No. 09 on handling the content of the petition reflecting the petition of Mr. Nguyen Hong Son.

It was determined that Mr. Nguyen Hong Son had not completed the procedures as prescribed to register and be granted a Land Use Right Certificate for the area transferred from Mr. Lang Van Khuyen's household; the Land Use Right Certificate still bears the name of Mr. Lang Van Khuyen.

Regarding the content, Mr. Nguyen Hong Son said that Hoang Danh Company Limited encroached on 2.5 hectares, Tan Ky district determined that there were 1,284.2 m²Land located in total area of ​​142,755 m²The land was leased by the Provincial People's Committee to Hoang Danh Company (phase 1) in Decision No. 40 dated March 17, 2010 for mineral exploitation purposes; 1,543.5 m²The land is located in the area where the Ministry of Natural Resources and Environment licensed Hoang Danh Company Limited to exploit marble but the land has not been leased.

On that basis, Tan Ky district concluded that Hoang Danh Company Limited had encroached on production forest land to level roads, dump waste, and gather raw materials, not encroaching on land to exploit minerals as citizens' opinions.

On the other hand, the land that Hoang Danh Company Limited encroached on is part of the area of ​​land plot No. 98 on map sheet No. 03, for which the People's Committee of Tan Ky district granted a land use right certificate to Mr. Lang Van Khuyen and Ms. Lang Thi Ha.

Mr. Nguyen Hong Son has not yet completed the registration and issuance of a land use right certificate for a part of land plot No. 98, map sheet No. 03, which has sale and transfer documents for consideration and settlement according to regulations.

After listening to the citizens' petitions and opinions of the members attending the meeting, and concluding on how to resolve the case, Chairman of the Provincial People's Committee Nguyen Duc Trung assessed that the case had occurred for a long time but the citizens had not completed the procedures to be granted a Land Use Rights Certificate according to regulations. After the transfer, there were still some unclear issues regarding boundary determination.

Legally, up to this point there is not enough basis to consider resolving Mr. Nguyen Hong Son's petition, because the citizen has not completed the transfer procedures and been granted a Land Use Rights Certificate according to regulations.

Therefore, the Chairman of the Provincial People's Committee requested citizens to continue working with the People's Committee of Tan Hop Commune and the People's Committee of Tan Ky District to receive guidance and resolve procedures to be granted a Land Use Right Certificate according to regulations. After that, citizens will proceed with the next steps, and if there is a dispute, citizens have the right to file a lawsuit in court for consideration and resolution.

Chairman of the Provincial People's Committee Nguyen Duc Trung assigned the People's Committee of Tan Ky district to coordinate with the Department of Natural Resources and Environment, and direct the Land Registration Branch of Tan Ky district to guide citizens to carry out land registration procedures to be granted Land Certificates according to the law if the land is determined to be free of disputes.

At the same time, Tan Ky District People's Committee needs to rectify state management of land and mineral exploitation in the area, including strictly handling violations by Hoang Danh Company Limited.

To resolve the case clearly and closely, the Chairman of the Provincial People's Committee also assigned the Department of Natural Resources and Environment to preside over and coordinate with the Provincial Inspectorate and Tan Ky District People's Committee to establish a working group to comprehensively review the case.

In particular, clarify the land transfer process between households, between citizens and Hoang Danh Company Limited; dispute issues; results of the inspection by Tan Ky District People's Committee on land encroachment by Hoang Danh Company Limited. On that basis, report to the Provincial People's Committee before March 31, 2024 for consideration, resolution and notification to citizens.