Chairman of the Provincial People's Committee Nguyen Duc Trung periodically receives citizens in September

Comrade Nguyen Duc Trung - Deputy Secretary of the Provincial Party Committee, Chairman of the Provincial People's Committee chaired the regular citizen reception session in September 2022. Photo: Pham Bang

Chairman of the Provincial People's Committee Nguyen Duc Trung received citizen Truong Nhu Dat (residing in block 12, Cua Nam ward, Vinh city). Mr. Dat requested the Vinh City People's Committee to complete the procedures to issue a Land Use Right Certificate to his family at plots 55 and 56, map sheet 14, Yen Giang block, Vinh Tan ward, Vinh city.

As the case progressed, Mr. Truong Nhu Dat received the transfer of land use rights from Mr. Bui Kim Cuong's household in 1995 (plot 56) and 2001 (plot 55). Mr. Bui Kim Cuong's household's land was originally assigned by the People's Committee of Vinh Tan Commune (Vinh City) without proper authority in 1993 and 1994.

Citizen Truong Nhu Dat presents the petition. Photo: Pham Bang

The land plot has not been surveyed on a regular cadastral map over the periods, there are no documents on land allocation in the field, but there are some documents showing that the Vinh Tan Commune People's Committee granted land. Regarding documents proving the payment of land use fees, Vinh Tan Ward People's Committee said that there are no more archived records for land allocation, accounting books for money collection and no original invoices kept at the Ward People's Committee.

Mr. Truong Nhu Dat submitted an application for a Land Use Rights Certificate. Because Mr. Dat did not have documents to pay money when the land was allocated without proper authority, Vinh Tan Ward no longer had any records reflecting the collection of money, so the Vinh City Tax Department announced a collection rate of 50% of the land use fee. However, Mr. Dat did not agree to pay the money and continuously submitted applications to be granted a Land Use Rights Certificate.

Vice Chairman of Vinh City People's Committee Le Sy Chien reports on the process of handling citizens' petitions. Photo: Pham Bang

At the meeting with the people, Vice Chairman of Vinh City People's Committee Le Sy Chien said that on December 22, 2021, Vinh City People's Committee established a Working Group to review whether or not Mr. Dat had paid money, thereby determining the area where citizens had fulfilled their financial obligations. In the process of exploiting the records provided to the Working Group, Vinh Tan Ward People's Committee found copies of Receipt No. 61 dated November 24, 1993 and Receipt No. 131 dated November 1, 1994.

On July 12, 2022, the People's Committee of Vinh City issued an official dispatch requesting opinions from the Department of Finance and the Department of Natural Resources and Environment to determine the price at the time of 1993 and 1994 (the time of land allocation without proper authority for land plots No. 55 and 56). After that, the Department of Finance and the Department of Natural Resources and Environment issued official dispatches proposing the price of residential land for the case of unauthorized allocation in Vinh Tan Ward, Vinh City, in which the proposed price is 710,000 VND/m², applied according to Decision No. 308 dated April 23, 1994.

"According to Decree 45, the amount of money citizens have paid is converted into the area that has fulfilled financial obligations according to the price at the time of payment, the remaining area must be paid according to the current policy," said Vice Chairman of Vinh City People's Committee Le Sy Chien.

Director of the Department of Natural Resources and Environment Hoang Quoc Viet gave his opinion on how to resolve the incident. Photo: Pham Bang

After listening to the citizen's presentation, opinions of Vinh City and other sectors, and concluding on the direction to resolve the case, Chairman of the Provincial People's Committee Nguyen Duc Trung said that the process of citizens requesting consideration for granting land use right certificates has been long and prolonged. However, due to factors of land law regulations, the citizen himself lost the documents, and the competent authorities have not fully and thoroughly resolved the citizen's petition so far, it has not been resolved completely.

Through the case of Mr. Truong Nhu Dat, the Chairman of the Provincial People's Committee also requested Vinh City to learn from experience in coordinating with departments and branches to handle and resolve citizens' petitions. The Chairman of the Provincial People's Committee also sympathized with the citizen's situation but affirmed that the case must be resolved in accordance with legal regulations.

Comrade Nguyen Duc Trung - Chairman of the Provincial People's Committee concluded on how to resolve the case. Photo: Pham Bang

In the spirit of ensuring the legitimate rights of citizens, the Chairman of the Provincial People's Committee said that the important issue is to clearly and fully identify the financial obligations that citizens have performed at the time of land allocation without proper authority. On the basis of comparing the provisions in Decision No. 308 dated April 23, 1994 to determine the specific land price, from here, convert and determine the land area that has fulfilled financial obligations.

Regarding the remaining land area, Chairman of the Provincial People's Committee Nguyen Duc Trung proposed two solutions. Firstly, Vinh City, together with departments and branches, should review and consider whether it is possible to determine the time when citizens fulfill their financial obligations in 2019 (the time when citizens have temporarily paid 50% of the remaining land use fee).

Second, after the Provincial People's Committee issued the Decision approving land prices, Vinh City coordinated with the Department of Natural Resources and Environment to determine the exact amount of land use fees that citizens still have to pay and guide citizens to comply with regulations. Vinh City reported to the Provincial People's Reception Council and notified citizens before October 31, 2022; if citizens do not agree, they have the right to complain at a higher level or file a lawsuit in court./.