Part 2: Security guard borrows school land and is immediately granted a land ownership certificate.
A security guard was lent a small plot of land at the corner of the school to sell sugarcane juice for convenience, but somehow, he was later granted a land use certificate for a prime plot of land bordering National Highway 15. This incident occurred at Do Luong 1 High School.
The issuance of land ownership certificates ("red certificates") to school security guards is unclear.
For many years, local residents have been curious about a sturdy house nestled within the grounds of Do Luong 1 High School (Da Son commune, Do Luong district). This house is located at the front corner of the school, bordering two roads. The front faces National Highway 15, the side faces a paved inter-communal road, and the other two sides adjoin the school. In previous years, the house even had its back gate opened to face the school, allowing students to sneak out to buy goods or skip classes, even though the school gate was closed.
"The school grounds are so perfectly square, and then suddenly a house appears that looks very unsightly. We don't understand who would sell school land to someone else to live in like that?" questioned a long-time resident of Da Son commune.
According to our investigation, this house is located on land that previously belonged to Do Luong 1 High School. Later, for reasons unknown, the local authorities issued a land use certificate to the school's security guard, allowing him to live and conduct business there. A few years ago, the house was sold to someone else. Currently, a notice is posted seeking tenants for long-term rental.
Discussing this matter, a former leader of Do Luong 1 High School said that he had been associated with the school for over 20 years, later becoming its leader and directly handling land issues, so he has a very thorough understanding of the situation.
Back then, I was assigned to handle the entire process from start to finish. Not only me, but all the teachers in the school, the school administration, and even the people in the surrounding area knew that the land used to belong to the school.”
A former leader of Do Luong 1 High School
Do Luong 1 High School was allocated land and moved to its current location in 1992. Mr. Nguyen Van Vinh was hired as a security guard from the very beginning until now. After some time, Mr. Vinh asked the school to borrow the security booth near the side gate to sell sugarcane juice while also guarding the gate. Mr. Vinh later expanded and built additional structures to facilitate his business.
“Initially, I wasn't aware, but in the following years, Mr. Vinh paid the school 500,000 VND annually for land use fees. Around 2007, the school administration mentioned in a meeting that the deadline had passed, but Mr. Vinh still hadn't paid the 500,000 VND. Later, Mr. Vinh brought the money to the administration to pay, but also showed them his Land Use Right Certificate. At that time, the school was very surprised. The principal could only laugh and say, 'Since you already have the land title, why pay the school again?'” the former leader of Do Luong 1 High School recounted, adding that at that time, the plot of land Mr. Vinh was granted a land title for was 63 square meters.2However, according to the reporter's observations, the plot of land currently has an area of no less than 100 square meters.2.
Lax management
According to the former leader of Do Luong 1 High School, after discovering that the security guard had been issued a land ownership certificate on school land, the school investigated the cause. “The fault here lies with the local authorities. At that time, the issuance of land ownership certificates to citizens or state agencies located in the area was still the responsibility of the District People's Committee, and the administrative procedures were very simple. After investigating, the school learned that all land ownership certificates were issued based on reports submitted by the commune to the District People's Committee. For example, from one year to the next, the commune would report how many land plots would have their land use purpose changed and how many certificates would be issued, then send the information to the district. The district obtained the data from the commune, printed a series of land ownership certificates, signed them without authorization, and sent them back to the commune; therefore, there were many surplus certificates at various times. It's possible that people had connections and obtained such certificates. That's why the security guard at Do Luong 1 High School was issued a land ownership certificate, but without an extract,” said the former leader of Do Luong 1 High School, adding that by the time the school discovered the incident, the leader who signed the land ownership certificate for Mr. Vinh had long since retired.
“The school was allocated the land for use, so it had no authority to request the demolition of that building; it could only delegate everything to the local government. Not long after, I worked directly with the commune government to obtain a land use right certificate for the school. However, at that time, for the school to receive the land title, it had to be surveyed and a plan drawn up by the government, and the school had to sign that plan. When I looked at the plan, I saw that the corner of the school had an area of 63 square meters.”2"The area where the security guard was standing was colored red and marked with a question mark. I said, 'This is school land, why are there question marks on it?' Seeing this, the school's leadership refused to sign the planning document, so the school was never granted a land title, and the file remained pending until I left," the former leader of Do Luong 1 High School added.
Meanwhile, in an interview with reporters, Mr. Nguyen Van Vinh gave a different account. He admitted that the land previously belonged to the school, but he was later "given it to me by the school and the commune." "That piece of land was given to me with the agreement of the commune and the school because I am a family eligible for government assistance," Mr. Vinh said, adding that he worked as a security guard for Do Luong 1 High School since the school was under construction. "Security here was weak back then, but I was capable, so the school appreciated me. Because the school favored me and the commune government cared, they gave me the land. Da Son commune and the school board agreed to give it to my parents so I could continue working as a security guard. After my father passed away, I used this land as collateral," Mr. Vinh added, stating that he couldn't remember the exact year he received the land title or the precise size. He only remembered that at the time, the school's vice principal and the leaders of Da Son commune confirmed the land was given to him; however, he no longer has any documents or records.
"Back then, the school initially lent it to me to sell sugarcane juice and then dog meat... I didn't rent it. I didn't pay the school a single penny," Mr. Vinh affirmed.
According to Mr. Le Duc Hung, the principal of Do Luong 1 High School, when he took over the school in 2016, the security guard had already presented his land ownership certificate. "I wasn't very clear about the details before. But when I arrived, I saw that he already had the certificate, so I had no choice," Mr. Hung said, adding that in 2018, to apply for national standard school recognition, a land use certificate was required, so the school agreed to sign the planning document.
