Clarifying the rights and wrongs of land disputes in Nghi Thu ward (Cua Lo town)

(Baonghean) -According to the reflection of Ms. Hoang Thi Thanh (residing in Hoa Hieu block, Nghi Thu ward, Cua Lo town), since 2010, someone filed a lawsuit against her family over a land dispute, while her family was not involved. Accordingly, during the trial, the People's Court of Cua Lo town had many violations of the Civil Procedure Law. To clarify the content of Ms. Thanh's reflection, we went to the locality to find out.

There is a land dispute from the transfer contract.

According to Ms. Thanh, she did not know that Mr. Lieu (ie Nguyen Van Lieu) lived in block 10, Quang Trung ward, Vinh city. The person who sued her family for land dispute right in the garden where her family is currently living in block Hoa Hieu, Nghi Thu ward, Cua Lo town. However, through investigation, we learned that in 1995, Mr. Nguyen Van Duong (residing in Dong Khanh, Nghi Thu commune, Cua Lo town) bought from Mr. Tran Van Xuan and Ms. Hoang Thi Thanh a 240m2 plot of land in the Cua Lo town Nursing Home for 40 million VND. After the agreement, Mr. Duong paid Mr. Xuan and Ms. Thanh 30 million VND and made a receipt. During this time, Mr. Nguyen Van Lieu asked to buy it back from Mr. Duong for 70 million VND. Through Mr. Duong, Mr. Lieu directly transacted with Mr. Xuan and Ms. Thanh and made a written commitment to buy and sell directly. When buying, the two parties made a document and certified it at the People's Committee of Nghi Thu commune and the Land Office of Cua Lo town. Mr. Lieu's side, on behalf of Mr. Duong, owed 10 million VND and committed to pay in full after Mr. Xuan and Ms. Thanh completed the land use rights transfer procedures. Mr. Duong, Mr. Xuan and Mr. Lieu handed over the land to each other in the presence of Mr. Ngo Sy Hong and Mr. Nguyen Quoc Ca. But until now, when Mr. Lieu requested to hand over the land, Ms. Thanh did not agree because she thought she was not involved (while her husband, Mr. Xuan, had passed away).

Mrs. Thanh pointed to the land that is currently in dispute.

Contradicting Ms. Thanh's claim that she was not involved and did not know Mr. Lieu, she verified the commitment to transfer residential land on May 22, 1995, stating that Mr. Xuan's family and Ms. Thanh "committed to transferring the right to long-term use of residential land to Mr. Nguyen Van Lieu's family. I will take full responsibility for all paperwork" was a record made by her husband, Mr. Xuan. Even the land transfer document made by Mr. Duong on June 13, 1995, which clearly stated "I hand over the land I bought from Mr. Tran Van Xuan to Mr. Nguyen Van Lieu, residing in Quang Trung ward, Vinh city", was confirmed by Mr. Xuan "I am Tran Van Xuan, the old landowner, and I hereby guarantee that the above transferred land is true. If there is anything wrong, I will take full responsibility. There is nothing wrong with the boundary line. If there is a deficit, I will compensate Mr. Duong in full as I transferred 240m2, the amount of land I gave to Mr. Duong" Ms. Thanh still confirmed that this was Mr. Xuan's handwriting.

Working directly with Mr. Nguyen Minh Chau, former Vice Chairman of Nghi Thu Commune People's Committee, who previously confirmed the land transfer commitment made by Mr. Xuan on May 22, 1995. Mr. Chau said: The land transfer between Mr. Xuan's family, Ms. Thanh and Mr. Lieu did happen. However, for unknown reasons, when in the position of Chairman, on October 25, 2004, Mr. Chau signed a confirmation that the land had no disputes and requested a certificate of land use rights. And in April 2005, Ms. Thanh was granted a certificate of land use rights by the People's Committee of Cua Lo Town.

To the mistakes of the People's Court of Cua Lo town

The issue that Ms. Thanh believes that during the trial, the People's Court of Cua Lo Town had many violations of the Civil Procedure Law. We learned that in Judgment No. 30/2012/DSTP dated August 22, 2012, the Provincial People's Court stated: The petition shows that the plaintiff is Mr. Lieu, the commitment to transfer land use rights dated May 22, 1995 records the transferee as Mr. Nguyen Van Lieu. The court did not require the plaintiff to present identification documents but only based on the confirmation of the Quang Trung Ward People's Committee, Vinh City to confirm whether it was Mr. Lieu or Lieu, which is not enough basis.

The land plot awarded to Mr. Lieu in the judgment compared to the land plot that Mr. Xuan and Ms. Thanh wrote in the transfer commitment on May 22, 1995 has different boundaries but has not been investigated and explained clearly as a shortcoming. Ms. Hoang Thi Thanh is the defendant in the lawsuit who was absent from the trial on March 28, 2012, but the judgment declared that the defendant has the right to appeal within 15 days from the date of the first instance judgment, which is not in accordance with the provisions of Clause 1, Article 245 of the Civil Procedure Code. According to the provisions of Clause 2, Article 21 of the Civil Procedure Code, the Procuracy must participate in the trial, but during the trial, the Court did not notify the Procuracy to participate in the trial, which is a serious violation of procedural law... For the above reasons, the Provincial People's Court decided to accept the appeal of the People's Procuracy of Cua Lo Town. Annul the first instance civil judgment No. 11/2012/DSST dated March 28, 2012 of the People's Court of Cua Lo Town regarding the dispute over the "land use rights transfer contract" between the plaintiff Mr. Nguyen Van Lieu (aka Nguyen Van Lieu) and the defendant Ms. Hoang Thi Thanh. Transfer the entire case file to the People's Court of Cua Lo Town to re-settle the case according to the provisions of law.

Thus, with the above issues, it is unclear that Ms. Hoang Thi Thanh claims that the current land dispute plaintiff with her family, Mr. Nguyen Van Lieu, is not related. In fact, her husband, Mr. Xuan, previously made a land transfer document for Mr. Lieu. However, in addition to Ms. Thanh's inconsistency, it should be noted that the transferee, Mr. Lieu, also lacked interest in completing the transfer documents. The above reasons led to the current dispute. Therefore, on the basis of correcting the errors in the previous trial, the People's Court of Cua Lo Town needs to promptly bring the case to trial, clarify the right and wrong, and determine the responsibilities of Nghi Thu Ward, Ms. Thanh's family and Mr. Lieu in the land transfer issue, not letting the matter drag on.

Article and photos: Dang Nguyen