Land violation records in Nghi Phong commune were transferred to Vinh city for handling.

Systemic error?

Nghe An Newspaper, issued on December 5, 2024, published an article "Irregularities from a set of land-revised records", reflecting the frustration of some residents of Hamlet 8, Nghi Phong Commune (formerly Nghi Loc District), about the local government's many irregularities in retrieving land records, affecting the rights of the people.

Accordingly, Mr. Nguyen Quoc Tuan (residing in Nghi Phu ward, Vinh city), filed a complaint as follows: In 2021, his family bought land plot number 973, map sheet number 20, with an area of ​​500m2², in Hamlet 8, Nghi Phong Commune, of Mr. Ngo Xuan Que's family (Vinh City). Previously, this land plot was bought by Mr. Que's family from Mr. Pham Van Khan (residing in Nghi Phong Commune) in 2016. When buying the land, Mr. Tuan's family was handed over the land plot and the original title with 2 road sides (West and South).

However, when checking the extracted records to separate the plot, Mr. Tuan was surprised to see that in the current extracted records, the western part of the road no longer existed, but was merged by the previous owner (Mr. Pham Van Khan) into the land plot 1107 of the household in front (adjacent to Vinh - Cua Lo Boulevard) since 2018.

It is worth mentioning that Mr. Ngo Xuan Que (the person who sold the land to Mr. Tuan's family) confirmed that he only transferred the entire plot and the original title. Mr. Que did not know when Mr. Pham Van Khan made the adjustment documents to integrate the road into plot 1107. Mr. Que did not even sign the boundary record as prescribed. However, it is unclear why the land adjustment procedures were still approved.

Not to mention, Mr. Khan also did the procedures to import 11m.²was compensated for land acquisition when building Vinh - Cua Lo Boulevard on the above land plot 1107.

Immediately after Mr. Tuan submitted a petition to the local authorities, the irregularities of the case were gradually revealed. On October 11, 2024, Nghi Loc District People's Committee issued Conclusion No. 215/KL-UBND, clarifying the adjustment and issuance of the Land Use Right Certificate to Mr. Pham Van Khan.

Accordingly, Nghi Loc District People's Committee concluded that the approval of the 2018 adjustment file of Mr. Khan's family without the confirmation signature of the adjacent land user, Mr. Ngo Xuan Que's household, was a violation of Clause 2.1, Article 11, Circular No. 25/2014/TT-BTNMT dated May 19, 2014 of the Ministry of Natural Resources and Environment regulating cadastral maps.

In addition, the provision of 11m²was compensated for land acquisition when implementing the Vinh - Cua Lo boulevard construction project, and the revised Land Use Rights Certificate for Mr. Khan's family also violated Clause 6 and Clause 7, Article 19, Decree 43/2014/ND-CP dated May 15, 2014 of the Government, detailing the implementation of a number of articles of the 2013 Land Law.

Nghi Loc District People's Committee also pointed out that the responsibility for these issues belongs to Nghi Phong Commune People's Committee, the Branch of the Land Registration Office and the Department of Natural Resources and Environment.

In addition, Nghi Loc District People's Committee said that the road is located to the west of plot 973 of land that Mr. Tuan's family bought. Nghi Loc District People's Committee determined that these were households arbitrarily leveling and opening roads on agricultural land that had been recovered when implementing the first phase of the Vinh - Cua Lo Boulevard construction project.

Transfer the file to Vinh City for further processing.

In Conclusion No. 215/KL-UBND, on October 11, 2024, on the inspection of the correction and issuance of the Land Use Right Certificate to Mr. Pham Van Khan, Nghi Loc District People's Committee assigned responsibility to Nghi Phong Commune People's Committee; Branch of the Land Registration Office; Department of Natural Resources and Environment of Nghi Loc District to organize a review, clarify responsibilities and take strict action against individuals who violated the regulations in preparing the correction and issuance of the Land Use Right Certificate to Mr. Pham Van Khan.

On November 8, 2024, Nghi Loc District People's Committee continued to issue Document 3174/UBND-TTR, requesting relevant units to correct and grant Land Use Rights Certificate to Mr. Pham Van Khan, urgently implement Conclusion 215 issued by Nghi Loc District People's Committee, to be completed no later than November 30, 2024.

Then, on November 26, 2024, Nghi Loc District People's Committee continued to issue Document 3337/UBND-NV, requesting officials and civil servants who have violated (including civil servants who have transferred jobs or resigned), to conduct personal reviews, explain the causes of shortcomings and violations, and directions for overcoming them, and self-identify appropriate forms of handling.

At the same time, the relevant units are required to organize a review conference at the unit to analyze and clarify shortcomings and violations and propose a form of handling according to regulations. In case the person being reviewed is the head or deputy head of the unit, report to the District People's Committee to organize a review meeting to ensure compliance with regulations. Report the review results to the Nghi Loc District People's Committee (through the Department of Internal Affairs) before November 29, 2024, for consideration and decision according to authority.

However, according to our research, from December 1, 2024, when Nghi Phong commune was officially merged into Vinh city, and until January 1, 2025, when the administrative apparatus after the merger was announced, the handling of the above-mentioned violating groups and individuals has not been completely implemented.

It is known that currently, based on current regulations on handling complaints and denunciations and to review responsibilities and take strict disciplinary action against officials and civil servants under its management authority, the People's Committee of Nghi Loc district has issued a document requesting the People's Committee of Vinh city to organize a review of officials and civil servants of Nghi Phong commune who have committed violations and shortcomings as stated in Conclusion 215.

Mr. Nguyen Duc Tho - Vice Chairman of Nghi Loc District People's Committee said that in addition to transferring the file to Vinh City to continue handling related officials in Nghi Phong Commune, the Nghi Loc District Land Registration Office Branch will be handled by the Nghe An Province Land Registration Office. As for the Nghi Loc District Department of Natural Resources and Environment, the Nghi Loc District People's Committee will direct the handling as soon as possible.