Mr. Nguyen Van Khanh's complaint is wrong.
(Baonghean) - Mr. Nguyen Van Khanh complained that the People's Committee of Nam Dan district had issued Land Use Right Certificate No. E 784108 issued on July 22, 1995 to Mr. Nguyen Kinh Canh's family, including plot number 590, map sheet number 3, area 410m2.2belonging to Dong Anh hamlet, Hung Tien commune, Nam Dan district is incorrect, because this land plot previously belonged to Mr. Khanh's parents (Mr. Nguyen Hau, wife is Mrs. Le Thi Ba.
On June 17, 2014, Nghe An Provincial People's Committee issued Official Dispatch No. 2715/QD-UBND.KT to resolve Mr. Nguyen Van Khanh's complaint.
Based on the results of the settlement of the competent authority; the results of the inspection and verification; the results of the dialogue, the Provincial People's Committee concludes as follows:
1. Mr. Nguyen Van Khanh complained that the People's Committee of Nam Dan district had issued Land Use Right Certificate No. E 784108 issued on July 22, 1995 to Mr. Nguyen Kinh Canh's family, including plot number 590, map sheet number 3, area 410m2.2belonging to Dong Anh hamlet, Hung Tien commune, Nam Dan district is not in accordance with the law, is a false complaint, because:
- Mr. Nguyen Kinh Canh's family received plot number 590, map sheet number 3, area 410m22before October 15, 1993 (the 1993 Land Law came into effect) and was assigned by Hung Tien 3 Cooperative to Mr. Nguyen Kinh Canh for cultivation (growing crops) to collect taxes and avoid abandonment. In 1995, Mr. Nguyen Kinh Canh declared and registered the land use rights according to Decree No. 64/CP of the Government. According to the Ministry of Agricultural Land Use Tax, Hung Tien 3 Cooperative (now Nam Hung Cooperative) assigned land to Mr. Canh's family for cultivation (producing crops), entered it in the contract book and every year Mr. Canh's family paid agricultural land use tax to the State.
- Procedures for granting Land Use Right Certificate for land plot No. 590, map sheet No. 3, area 410m22for Mr. Nguyen Kinh Canh's family in 1995 ensured the provisions of Decree No. 64/CP dated September 27, 1993 of the Government, Decision No. 2555/QD.UB dated November 30, 1993 of the People's Committee of Nghe An province on promulgating regulations on organizing the implementation of Decree No. 64/CP, Inter-sectoral Document No. 01/HD/RD-NN of the Inter-sectoral Land Management Board - Department of Agriculture and the provisions of the law on land at the time of granting the Land Use Right Certificate.
- Mr. Nguyen Hau's family (when he was alive) and Mr. Hau's children (after Mr. Hau's death) could not prove their legal land use rights and could not prove their actual land use from 1990 (when Mr. Nguyen Hau and Ms. Le Thi Ba moved to live with Mr. Khanh's family) to 2000 (when Mr. Khanh's petition arose) for land plot No. 590, map sheet No. 3, area 410m22(measured according to Directive 299/TTg).
2. Decision No. 371/QD-UBND.KT dated February 10, 2014 of the Chairman of Nam Dan District People's Committee on resolving the petition of Mr. Nguyen Van Khanh, residing in Dong Anh hamlet, Hung Tien commune, Nam Dan district, Nghe An province, ensured compliance with the provisions of law.
Based on the above, it is decided:
Article 1.Uphold Decision No. 371/QD-UBND.KT dated February 10, 2014 of the Chairman of Nam Dan District People's Committee on resolving the petition of Mr. Nguyen Van Khanh, residing in Dong Anh hamlet, Hung Tien commune, Nam Dan district, Nghe An province.
Article 2.Mr. Nguyen Van Khanh complained that the People's Committee of Nam Dan district had issued Land Use Right Certificate No. E 784108 issued on July 22, 1995 to Mr. Nguyen Kinh Canh's family, including plot number 590, map sheet number 3, area 410m2.2belonging to Dong Anh hamlet, Hung Tien commune, Nam Dan district, is not in accordance with the law, which is a false complaint.
Article 3.This Decision takes effect 30 days after the date of issuance.
If he does not agree with the decision to resolve this complaint, Mr. Nguyen Van Khanh has the right to file an administrative lawsuit at the People's Court according to the provisions of law.
Article 4.Chief of Office of Provincial People's Committee, Chief Inspector of Province, Directors of Departments: Natural Resources and Environment, Justice; Chairman of Nam Dan District People's Committee, Chairman of Hung Tien Commune People's Committee; Mr. Nguyen Van Khanh and related organizations and individuals shall base on this Decision to implement.
People's Committee of Nghe An province
