Not recognizing land use rights for Ms. Nguyen Thi Kieu in Chau Quang commune (2nd time)

(Baonghean) - There is no legal basis to recognize land use rights for Ms. Nguyen Thi Kieu in Chau Quang commune, Quy Hop district (2nd time).

Ms. Nguyen Thi Kieu disputed the land use rights with Mr. Truong Tien Thanh for the agricultural land area of ​​928m2 belonging to plot No. 171, map No. 54, Chau Quang commune, Quy Hop district, Nghe An province. Ms. Kieu claimed that the above land area was reclaimed by her family. On February 14, 2015, Nghe An Provincial People's Committee issued Official Dispatch No. 766/QD-UBND.KT deciding on the settlement of the land dispute between Ms. Nguyen Thi Kieu and Mr. Truong Tien Thanh as follows:

Base:

Mediation results of Chau Quang Commune People's Committee and first land dispute resolution by Chairman of Quy Hop District People's Committee.

Current status check results:

The disputed area is currently being used by Mr. Truong Tien Thanh for aquaculture purposes.

Results of dialogue with disputing parties:

On December 29, 2014, the Department of Natural Resources and Environment chaired and coordinated with other sectors and local authorities to have a dialogue with Ms. Nguyen Thi Kieu and Mr. Truong Tien Thanh, with the following results:

Ms. Nguyen Thi Kieu did not agree with the Draft Report of the interdisciplinary working group advising on dispute resolution; continued to request the State to recognize the land use rights for her family for the land area of ​​928m2 belonging to plot No. 171, map sheet No. 54.

Mr. Truong Tien Thanh agreed with the Draft Report of the interdisciplinary working group advising on dispute resolution.

The departments and branches participating in the above dialogue, the People's Committee of Quy Hop district and the People's Committee of Chau Quang commune all agreed with the results of inspection, verification, conclusions and recommendations in the Draft Report of the Interdisciplinary Working Group.

Conclude:

1.Land area of ​​928m2, belonging to plot 171, map sheet number 54, Chau Quang commune (currently disputed between Ms. Nguyen Thi Kieu and Mr. Truong Tien Thanh) is alluvial land along the stream, managed by the People's Committee of Chau Quang commune, not yet assigned to any organization or individual for use according to the provisions of law.

2.Ms. Nguyen Thi Kieu does not have sufficient legal basis to be recognized for the right to use the land area of ​​928m2, map sheet No. 54, Chau Quang commune, specifically:

Ms. Kieu does not have documents to prove her right to use the disputed land area as prescribed in Article 100 of the 2013 Land Law.

Before 1993, the local government determined that Ms. Kieu's land use was unstable; she did not register her land use with the competent state agency. Since 1993, Ms. Kieu has not used the land.

3.Mr. Truong Tien Thanh does not have sufficient legal basis to be recognized for the right to use the land area of ​​928m2, plot number 171, map sheet number 54, Chau Quang commune, specifically:

Mr. Thanh does not have documents to prove his right to use the disputed area as prescribed in Article 100 of the 2013 Land Law.

Through working with the Inter-sectoral Working Group, Mr. Thanh agreed with Decision No. 2699/QD-UBND dated September 8, 2014 of the Chairman of the People's Committee of Quy Hop district on resolving land use rights disputes (not recognizing the disputed land area for any disputing party);

Based on the above, it is decided:

Article 1. No legal basisto acknowledge the land area of ​​928m2, belonging to plot 171, map sheet number 54, Chau Quang commune, Quy Hop district for Ms. Nguyen Thi Kieu as well as for Mr. Truong Tien Thanh. The above land area of ​​928m2 is alluvial land along the stream, managed by the People's Committee of Chau Quang commune, not yet assigned to any organization or individual for use according to the provisions of law.

Article 2. The Decision takes effect after 30 days from the date of issuance.

If they do not agree with this Dispute Resolution Decision, Ms. Nguyen Thi Kieu and Mr. Truong Tien Thanh have the right to appeal to the Minister of Natural Resources and Environment or file a lawsuit at the People's Court in accordance with the provisions of law.

Article 3. Chief of Office of the Provincial People's Committee, Chief Inspector of the province, Directors of departments:Natural Resources and Environment, Finance; Chairman of Quy Hop District People's Committee, Chairman of Chau Quang Commune People's Committee; Ms. Nguyen Thi Kieu, Mr. Truong Tien Thanh and related organizations and individuals base on the Decision to implement.

Provincial People's Committee