Complaint of Mr. Le Van Thang, Quang Son commune (Do Luong): Unfounded!

(Baonghean)- Nghe An Newspaper received a complaint from Mr. Le Van Thang, residing in Hamlet 11, Quang Son Commune (Do Luong) about the fact that he paid money to buy a plot of land but the Commune People's Committee did not complete the procedures to legalize and grant land use rights according to regulations. However, after verification, it was found that the contents of Mr. Thang's complaint were unfounded...

In the petition, Mr. Thang stated that in 1976, he reclaimed a plot of land along Khuon - Dai Son road (next to Am culvert) - now plot 628 with an area of ​​293m2. In 1990, following the policy of the Commune Party Committee, the Resolution of the Quang Son Commune People's Council sold some fallow land, bushes, warehouses, and drying yards to raise funds for infrastructure construction. He paid the Quang Son Commune People's Committee 400,000 VND (with receipt number 47 dated October 2, 1990) to be granted residential land.

Mr. Le Van Thang next to the land plot that he said he bought from the Commune People's Committee in 1990 for 400,000 VND.

This plot of land has been used continuously by his family since the purchase until now without any dispute. In 2005, when he built a house on the above plot of land, the Quang Son Commune People's Committee suspended it on the grounds that he had not been granted a Land Use Rights Certificate. He went to the commune to request the procedures for granting a Land Use Rights Certificate, but the commune did not do so, so he filed a complaint. Not agreeing with the commune's handling, he continued to send petitions to other levels but still did not receive a satisfactory resolution. He continued to sue the People's Court of Do Luong District, requesting the court to declare that plot 628 is his family's residential land; the Quang Son Commune People's Committee was wrong and had to complete the procedures for granting a Land Use Rights Certificate to his family.

In reality, the land plot that Mr. Thang is complaining about is located right at the corner of the triangle, bordering the land of Thai Son commune. Currently, Mr. Thang has built a high wall on the house but it is still very makeshift, the roof is covered with corrugated iron... Talking to reporters, Mr. Thang said that many households have confirmed that he paid money to buy the land and he is still keeping the receipt written by the treasurer of the commune People's Committee. Moreover, in 2003, the provincial surveying and mapping team came to measure and certify that the land plot he is living on is residential land. He himself submitted the application to the commune People's Committee to complete the procedures for granting a Certificate of Land Use Rights but it was not resolved. Up to now, every time he builds, the commune People's Committee prevents him and has many times issued decisions to impose administrative penalties on him.

The land plot is located right at the corner of the intersection, the area is not enough according to the rural land limit.

Contrary to the information provided by Mr. Thang, the leader of Quang Son Commune People's Committee said that the land plot 628 where Mr. Quang is illegally building a house is currently agricultural land, under the management of Quang Son Commune People's Committee. In 1976, Mr. Thang and a number of people reclaimed land next to Am culvert spontaneously, the commune did not sell land to anyone. In 1990 - 1991, the Commune People's Committee sold a number of land plots to households in the Lo Chua area. Mr. Thang bought a land plot with an area of ​​300m2 and has now been granted a Land Use Rights Certificate. Regarding the receipts provided by Mr. Thang, Mr. Le Van Chong - Chairman of Quang Son Commune People's Committee said that receipt number 47 did not clearly state which area Mr. Thang bought the land in. At the same time, Mr. Thang bought 2 other land plots from the Commune People's Committee. One plot in the Lo Chua area is currently occupied by Mr. Thang and one of his children, and one plot near Van Hien Bank is occupied by another of his children. Both of these plots of land have been granted Land Use Rights Certificates to Mr. Thang's family by the People's Committee of Do Luong district.

Checking the records still kept at the Commune People's Committee such as the inventory book, map 299 and the 2004 survey map shows that plot 628, map sheet 10, with an area of ​​293 m2, was only determined after 2004. "Previously, the area next to Am culvert shared a plot of land 823b. When Quang Son commune implemented land consolidation and plot exchange according to Directive 02 of the Provincial Party Committee, the survey team of the Department of Natural Resources and Environment re-measured the entire land area in the commune. Accordingly, the plots next to Am culvert were re-determined and then there was plot 628, with an area of ​​293 m2 on map sheet 10, shown in the inventory book as vacant land (HBK) managed by the Quang Son Commune People's Committee. That confirms that Mr. Thang did not buy and was not sold by the Commune People's Committee in 1990 as he complained," said Mr. Dao The Huy, an official. commune cadastral presentation.

Mr. Dao The Huy, Commune Land Officer, provided documents related to the origin of the land plot.

Disagreeing with the decision of the Commune People's Committee, Mr. Thang continued to send a petition to the District People's Committee. The District People's Committee established an inspection team to verify the case. On September 29, 2010, the District People's Committee issued a decision to resolve Mr. Thang's complaint. The decision clearly stated that Mr. Thang's claim that in 1990 he bought the above land plot from the Commune for 400,000 VND was incorrect. Through the results of the examination, verification and conclusion of the Criminal Techniques Department of the Provincial Police: "2 out of 6 receipts provided by Mr. Thang were invalid because there was an additional number: 1 in the millions and the word: one million. Thus, the amount Mr. Thang paid was only 2.157 million VND, not 4.157 million VND. These receipts did not record the receipt of any land plot". And the total amount of 2,157 million VND is not enough to pay for the 330 m2 land lot that Mr. Thang bought in Lo Chua area, which is 2,600,000 VND. Discussing this issue with Mr. Thang, he denied and said "he doesn't know how to fix it".

Through research, the policy of selling land in the area next to Am culvert was implemented by the People's Committee of Quang Son commune in 1994 and 1995. At that time, the commune had only sold 16 plots of land in the Am culvert area to 16 households. The remaining plot of land at the end of the corner - now plot 628 - was not large enough for a plot of land, so the commune did not plan it for residential use but still let Mr. Thang produce. Mr. Nguyen Quang Minh - Head of the Department of Natural Resources and Environment of Do Luong district said that plot 628, map sheet number 10 is a type of vacant land managed by the People's Committee of Quang Son commune. This plot of land is not eligible to change its purpose of use to residential land because there is no plan to change its purpose to rural residential land in Quang Son commune and Do Luong district. On the other hand, the remaining area of ​​the land plot after excluding the Khuon - Dai Son road corridor and the N3 canal corridor is not eligible for housing construction according to regulations (the remaining area of ​​67.5m2 is smaller than the prescribed rural residential land limit of 80m2, the physical size of the land plot is not eligible for housing construction).

Mr. Thang built a house encroaching on the bank of the irrigation canal N3.

Households who bought land and live in the area next to Am canal said that they bought land sold by the commune People's Committee in 1994 and 1995. The total number of households buying was 16, but the land plot where Mr. Thang is living is not sold because of its small area. Ms. NTT, one of the families who bought land in Am canal area said: "My family bought land in 1995, I bought 3.5 plots, each plot costing nearly 6 million VND. The land plot where Mr. Thang is living is not sold by the commune because it is too narrow and the area is not enough for one plot". According to these residents, Mr. Thang often takes advantage of the night or Saturdays and Sundays to build a house. The area he built encroaches on the bank of the N3 canal.

Disagreeing with the decisions of the authorities, on July 1, 2011, Mr. Thang filed a lawsuit against the administrative actions of the People's Committee of Quang Son commune at the People's Court of Do Luong district. On January 28, 2016, the People's Court of the district opened a first-instance trial of the case. In the judgment No. 01/2016/HCST, the People's Court of Do Luong district rejected Mr. Le Van Thang's lawsuit, because based on the documents, records and witnesses, there was not enough basis to confirm that Mr. Thang had purchased land plot 268. Therefore, Mr. Thang's request for the People's Committee of Quang Son commune to identify his land plot and to identify it as residential land was not sufficient.

The 2004 survey map only identified plot 628.

Mr. Nguyen Quang Minh added: Mr. Thang's case has lasted for many years, but until now Mr. Thang still does not comply with the decisions of the competent authorities.

After the District People's Court tried the case at first instance and issued a verdict, Mr. Thang filed an appeal. Therefore, the district is waiting for the court's appeal decision. If the appeal judgment upholds the first instance judgment and Mr. Thang does not file an appeal, the district will direct the Quang Son Commune People's Committee to organize enforcement and restore the original state of the land plot. If Mr. Thang files an application for a Land Use Right Certificate for the agricultural land plot, Mr. Thang must dismantle and scoop up the soil he has built on it. At that time, the District People's Committee will consider and resolve it for him to ensure his family's rights in accordance with the law.

Thus, Mr. Thang's complaints are unfounded. On the contrary, he is committing violations of land-related laws, causing instability in the local situation and causing public outrage. Mr. Thang needs to reconsider, have a more correct perception, and strictly comply with decisions from all levels...

Pham Bang