Is there a land transfer in Dien Xuan commune (Dien Chau)?

(Baonghean) - The petition of Ms. Nguyen Thi Luu, Hamlet 10, Dien Xuan Commune (Dien Chau) sent to Nghe An Newspaper to denounce Mr. Le Viet Trung's family (from the same hamlet) for building a kiosk on a plot of land that had been granted a Land Use Rights Certificate by the State to her family and the delay and lack of responsibility of the local authorities in resolving the case.

Build kiosk on other family's land

Ms. Luu stated: In 1975, she and her husband, Mr. Ngo Sy That, were allocated residential land by the State in Hamlet 10, Dien Xuan Commune (Dien Chau) and in 1994, the People's Committee of Dien Chau District granted a land use right certificate (LURC) for the above land plot. In 1995, Mr. Le Viet Duc (originally from Hamlet 10, Dien Xuan Commune, Dien Chau District), who was working in Hanoi at that time, proposed to lease a part of the land area to the South for 20 years and then build a kiosk for Ms. Xoan (Mr. Duc's sister) to sell goods.

Although the kiosk was completed, the discussion and agreement between the two families had not yet reached an agreement. After a while, Mr. Duc proposed to buy the land he rented and then Mr. That wrote a request to transfer the area. After receiving the request, Mr. Duc left and did not return. Mrs. Xoan stayed for a few months and then returned to her mother's house in the neighborhood.

The 2-room house was built by Mr. Duc in 1995. Photo: Pham Bang.

In 2016, Ms. Luu's family contacted Mr. Duc to request the dismantling of the kiosk to return the land, but Mr. Le Viet Trung (Mr. Duc's son) sent about 20 people to suppress, threaten and build another kiosk about 40 square meters wide and a southern wall. Ms. Luu said that when the incident started, the family filed a report to the commune, but the commune did not resolve it and only came down after the construction was completed. "Mr. Trung's building of a kiosk on his family's land that had been granted a land use rights certificate is against the regulations. The fact that the People's Committee of Dien Xuan commune was slow to make a record and did not have a direction for handling the matter is abnormal and irresponsible," Ms. Luu accused.

It is known that in 2011, Mr. That's family applied for confirmation of land origin, land division, land transfer and was approved by the People's Committee of Dien Chau district to issue land use right certificates for the above land plots. Specifically, Mr. That's land plot number 596 was divided into 3 plots. The first plot with an area of ​​223.8 m2 was granted a land use right certificate by the District People's Committee to Mr. Ngo Sy That and Ms. Nguyen Thi Luu. The next plot with an area of ​​180.2 m2 was granted a land use right certificate by the District People's Committee to Ms. Ngo Thi Xuan (daughter of Mr. That and Ms. Luu). The last plot with an area of ​​167 m2 was granted a land use right certificate by the District People's Committee to Mr. Ngo Sy That and Ms. Nguyen Thi Luu.

In 2016, Mr. Trung sent a petition to the People's Committee of Dien Chau district requesting an inspection of the land division, transfer and issuance of land use right certificates to Mr. That's family. After receiving the petition, the People's Committee of Dien Chau district established an inspection and verification team and on April 20, 2017, issued a conclusion on the petition. According to the conclusion, the issuance of land use right certificates to Mr. That, Ms. Luu and Ms. Xuan was in accordance with the law.

However, during the implementation process, there were still some procedures that were not in accordance with regulations and the responsibility belonged to the People's Committee of Dien Xuan commune, the Department of Natural Resources and Environment, and the Land Use Registration Office of Dien Chau district. Mr. Cao Thanh Long - Deputy Chief Inspector of Dien Chau district said: "The error did not affect the rights of Mr. That and Ms. Xuan's family. Therefore, the construction of a kiosk by Mr. Trung's family on the land plot that the State is assigning ownership to Mr. That's family is against the regulations."

Regarding the issue of Ms. Luu accusing the People's Committee of Dien Xuan Commune of being slow and irresponsible, Mr. Truong Van Thuy - Chairman of the People's Committee of the Commune said that it was not true. "After receiving the family's report that Mr. Trung brought people to build a kiosk on Ms. Luu's family's land, he assigned the Commune Police to come down to inspect and temporarily suspend the construction."

He admitted that the suspension was made verbally and no record of the incident was made. The reason he did not accept the application from Ms. Luu's family was because it was Sunday. "After receiving the official dispatch from the People's Committee of Dien Chau district, Dien Xuan commune invited Ms. Luu's family to work and will soon have a report sent to the People's Committee of Dien Chau district according to regulations," said Mr. Thuy.

Is there a land transfer?

It was learned that the reason Mr. Trung built the kiosk on plot 1120 was because he believed that in 1995, Mr. That had transferred it to his father, Mr. Le Viet Duc. Specifically, on September 4, 1995, Mr. That wrote a request to transfer residential land to the People's Committee of Dien Xuan commune. In the request, Mr. That wrote: "Due to my family's circumstances and conditions, I would like to transfer a part of the land in the garden of the house I am living in to Mr. Le Viet Duc. The transferred land is 21m long and 8m wide. Mr. Duc and I have reached an agreement."

The application was signed and confirmed by Mr. Nguyen Xuan Hai (village chief of hamlet 10), Mr. Ngo Xuan Nghia (commune land officer), Mr. Ngo Bich Long (commune office officer) and Mr. Ngo Sy Viet (Vice Chairman of Dien Xuan Commune People's Committee) at that time. Mr. Trung said that he had paid 7 million VND for the transfer but he currently does not have the money receipt.

Mr. Trung's kiosk built in 2016. Photo: Pham Bang.

Mr. Truong Van Thuy - Chairman of Dien Xuan Commune People's Committee confirmed that the transfer between the two families had been completed. In 1995, Mr. Le Viet Duc built a 2-room house with a tiled roof and let Ms. Xoan (Mr. Duc's sister) live there from 1995 to 2011.

Confirming this, Mr. Thuy said that in those years, Ms. Xoan was the one who directly paid the land tax. However, when we requested to be granted the above documents, Mr. Thuy only showed the 1996 tax collection plan book and not the other years with the reason: The Cooperative did not hand it over to the Commune People's Committee. In the 1996 tax collection plan book, Ms. Xoan's name was number 15, written in black with the amount of rice collected being 18kg.

Refuting this information, Ms. Luu's family said that the family only leased the land to Mr. Duc for 20 years and the term expired in 2016. The land transfer application that Mr. That wrote was only given to Mr. Duc but not sent to the Commune People's Committee, the transfer procedures according to the regulations at that time had not been completed and the family had not received money from Mr. Duc's family. Ms. Luu said: "The transfer application was written by my husband, I did not know and then Mr. Duc took it away but the two families had not made a transfer contract and had not received money yet."

Contacting the signatories of the transfer application, they all confirmed that there was a land transfer between the two families and the Commune People's Committee had come to measure, mark, and hand over the land. However, there was no land handover record. Thus, according to the State's regulations on land at that time, the transfer procedure was not carried out in accordance with the regulations. Specifically, according to Clause 2, Article 31 of the 1993 Land Law, it is stipulated that: Procedures for transferring land use rights in rural areas are done at the District People's Committee. Currently, Mr. Trung's family only has a land transfer application without a money handover record, land sale contract; land tax payment documents; Land plot diagram (excerpt of land plot map or field measurement).

Thus, the content of Mrs. Luu's family's accusation that Mr. Trung's family built a kiosk on the family's land that had been granted a land use right certificate is well-founded. And the People's Committee of Dien Xuan commune at that time was somewhat irresponsible for not stepping in early to resolve the matter completely. Therefore, the People's Committee of Dien Chau district needs to step in soon to handle the matter thoroughly, to avoid letting the matter drag on, affecting the security and order situation, and ensuring the legitimate rights of citizens./.

Nguyen Hung