Set up a working group to investigate the case of a man who lost his house and land because he was away from home.

Set up an inspection team

On October 28, a leader of the People's Committee of Quynh Luu district said that the locality had just decided to establish a working group to inspect and review Mr.Tran Ba ​​Dinh(An Hoa commune). This group has 7 members, including leaders and experts from specialized departments of the District People's Committee.

The task of the Working Group is to inspect and review Mr. Tran Ba ​​Dinh's proposal related to the People's Committee of An Hoa commune taking land from Mr. Dinh's family to expand the campus of An Hoa Kindergarten.

At the same time, check the responsibility ofChairman of An Hoa Commune People's Committeein implementing the Official Dispatch dated April 9, 2024 of the District People's Committee on urging the settlement of Mr. Tran Ba ​​Dinh's petition. Check and review related documents and verification results of An Hoa Commune People's Committee in the Report dated October 15, 2024 and Report dated October 28, 2024 on this case. The working group has a period of 30 days to report the inspection results and advise the District People's Committee on a plan to handle the petition of Mr. Tran Ba ​​Dinh and related contents.

Also related to this incident, the People's Committee of Quynh Luu district has had results in handling the petition of Mr. Tran Ba ​​Dinh sent to the National Assembly Delegation of the province and the People's Committee of Nghe An province.

According to the People's Committee of Quynh Luu district, implementing the direction ofChairman of Provincial People's CommitteeIn the Notice of Conclusion of the Citizen Reception Session on August 16, 2023 regarding the case of Mr. Tran Ba ​​Dinh, the locality has focused on directing specialized departments to research and advise on land recovery and resettlement compensation plans for Mr. Dinh in accordance with the provisions of law. In order to have a basis for land recovery and resettlement compensation for Mr. Dinh, it is necessary to establish and approve an investment project to expand the kindergarten or clear the traffic corridor of Provincial Road 537B, submit to the Provincial People's Council for approval of the Resolution on land recovery and submit to the Provincial People's Committee for approval of the annual land use plan targets to have a basis for implementation.

On September 13, 2023, the People's Committee of Quynh Luu district issued a document reporting and requesting the Provincial People's Committee and the Department of Natural Resources and Environment to agree to allow the preparation of a land clearance dossier and to add it to the traffic safety corridor land planning in the following period; On January 23, 2024, an official dispatch was sent requesting the Department of Transport to add land plot No. 73, map sheet No. 16 (ie land plot No. 1285, map sheet 01, map 299) to the traffic safety corridor planning; On March 15, 2024, a document was sent requesting the Provincial People's Committee and the Department of Natural Resources and Environment to allow the addition of the Resolution of the Provincial People's Council approving the land recovery policy for the location of Mr. Dinh's residential land plot and the location expected to allocate resettlement land to Mr. Dinh when recovered.

The Department of Natural Resources and Environment then sent an official dispatch requesting the People's Committee of Quynh Luu district to seek the opinion of the Department of Transport for guidance on handling the addition of the above land plot to the traffic safety corridor planning, to add to the land use planning until 2030 and the annual land use plan at the district level to submit to the Provincial People's Committee for approval as a basis for land recovery according to the provisions of the Land Law; On February 2, 2024, the Department of Transport sent an official dispatch responding to the addition of Mr. Dinh's land plot to the traffic safety corridor land planning which is not within the functions and tasks of the department...

“Because the location of the land plot where Mr. Dinh petitioned is within the traffic safety corridor of Provincial Road 537B, it does not ensure the basis for establishing an investment project to expand the kindergarten, therefore, there is no legal basis for land recovery, compensation and resettlement support according to current regulations,” said the People's Committee of Quynh Luu district.

Will return land if the origin is legal

Also according to the report of the Chairman of the People's Committee of Quynh Luu district, in the process of reviewing the records and land origin, the locality found that land plot 1285, map sheet 1 (map 299) recorded in the Land Use Right Certificate issued on June 1, 1996 to Mr. Tran Ba ​​Dinh was added by the former cadastral officer of An Hoa commune after the time the District People's Committee issued the Land Use Right Certificate. This land plot is not in map 299 and in the inventory book kept at the commune, the District People's Committee has not recognized the land use right for Mr. Tran Ba ​​Dinh, the legal basis is unclear. In the inventory book and map 299, Mr. Dinh's land is plot 1284.

Therefore, the People's Committee of Quynh Luu district has directed the People's Committee of An Hoa commune to organize inspection, verification, and clear conclusion on the origin of land use and land use process for the land plot where Mr. Tran Ba ​​Dinh made the request; clearly identify the land plot assigned to Mr. Dinh as plot 1284 or plot 1285; the land allocation area is 40m2.²or 100m², how financial obligations have been fulfilled; clearly determine whether the kiosk that the Commune People's Committee dismantled in 2017 is the property of Mr. Vo Ngoc Hung or Mr. Tran Ba ​​Dinh...

After reviewing the origin of land use, if Mr. Tran Ba ​​Dinh was assigned residential land by the People's Committee of An Hoa commune but has not been granted a Land Use Rights Certificate, then guide Mr. Dinh to register the land and prepare a dossier to grant a Land Use Rights Certificate according to the provisions of law.

On October 15, 2024, the People's Committee of An Hoa commune reported on the results of verifying the origin and land use process of Mr. Tran Ba ​​Dinh and on October 18, 2024, there was a supplementary report stating that in 1996, Mr. Dinh was assigned land by the People's Committee of An Hoa commune with a land use fee of 2 million VND.

The land allocation location for Mr. Dinh was carried out by Mr. Tran Ba ​​Tan (at that time, a land management officer of An Hoa commune) representing the People's Committee of An Hoa commune in the field. There was no land allocation record when allocating land; the land allocation area was 100 m2.²; residential land use purpose. According to map 299, the land allocation location for Mr. Dinh is at plot number 1284, map sheet 01, area 40 m²and part of the land plot area number 1285 map sheet 01, area 60 m²Mr. Tran Ba ​​Dinh was granted 100 m of land.²Located on 2 plots of land 1284, 1285, the commune cadastral office adjusted to 1285.

After being allocated the land, Mr. Tran Ba ​​Dinh proceeded to build a barber kiosk on a part of the land plot No. 1285, while Mr. Dinh had not yet used the land plot No. 1284. When Mr. Dinh went away to work, he handed over the land and the kiosk to Mr. Vo Ngoc Hung to manage for rent for barbering, pig farming, cow penning, and welding until 2017, when Mr. Vo Ngoc Hung arbitrarily agreed with the People's Committee of An Hoa commune to dismantle the kiosk, hand over the premises to the People's Committee of the commune and switch to managing and using the area of ​​land plot No. 1284 where there was already a kiosk of the commune to repair, use and rent for annual payment.

According to the report, in 1996, the Land Use Right Certificate of Mr. Tran Ba ​​Dinh was issued by the People's Committee of Quynh Luu district for agricultural land. After Mr. Dinh was granted residential land by the People's Committee of the commune, Mr. Tran Ba ​​Tan himself added a residential land plot to Mr. Tran Ba ​​Dinh's Agricultural Land Use Right Certificate, specifically plot number 1285, map sheet 01 (map 299), area 100 m^2.In the note section, write "Land granted later added to the Certificate of Land Use Rights". Mr. Dinh's land use right certificate was corrected by Mr. Tran Ba ​​Tan after being granted residential land in 1996. Thus, Mr. Dinh was granted residential land with an area of ​​100 m2 by the People's Committee of An Hoa commune.²At land plot number 1284 and part of land plot area 1285, map sheet 01, map 299, up to now, the People's Committee of Quynh Luu district has not yet issued the first Land Use Rights Certificate.

According to the People's Committee of Quynh Luu district, through reviewing the records and verification reports of the People's Committee of An Hoa commune on the origin and land use process of the place where Mr. Tran Ba ​​Dinh petitioned, it shows that in the land inventory book stored in An Hoa commune, Mr. Dinh was registered at land plot No. 1284, map sheet No. 1 (map 299), area 40m2.²Residential land. The People's Committee of An Hoa commune determined that in 1996, 100m2 had been allocated² Residential land for Mr. Tran Ba ​​Dinh (including 40m2)²at plot 1284 and 60m²in a part of plot 1285 map sheet No. 1, map 299) is not consistent with the data in the land inventory book, there is no land allocation document, the legal basis is unclear. Therefore, the People's Committee of Quynh Luu district has established a Working Group to review the verification and settlement process of the People's Committee of An Hoa commune, clearly identifying the location and area of ​​land allocated to Mr. Dinh.

According to the leader of the People's Committee of Quynh Luu district, after reviewing, the People's Committee of the district will direct the final settlement of Mr. Tran Ba ​​Dinh's petition. Accordingly, regarding land, in case it is confirmed that Mr. Dinh was assigned a residential land area of ​​100m2 by the People's Committee of An Hoa commune,²If there is a fee, the current status is that there is a part of the kiosk in use and a part of the vacant land with a flower bed outside the campus of the commune kindergarten as reported by the commune, then the An Hoa Commune People's Committee will set up markers and return the land area to Mr. Dinh for use (except in cases where the An Hoa Commune People's Committee and Mr. Tran Ba ​​Dinh have other agreements).

Regarding Mr. Dinh's property that was demolished in 2017, the People's Committee of An Hoa commune will organize a meeting with Mr. Dinh to agree on compensation. If no agreement is reached, Mr. Dinh will be instructed to file a lawsuit in court to be resolved according to the law.

“Due to the complicated nature of the case involving unauthorized land allocation, illegal land and property clearance agreements, and incomplete related documents, the settlement must comply with current legal regulations, so the verification and handling process has not yet met the assigned deadline. The People's Committee of Quynh Luu district will promptly verify, conclude and direct the People's Committee of An Hoa commune to promptly resolve the content of Mr. Tran Ba ​​Dinh's petition in accordance with the law,” stated the report signed by Mr. Hoang Van Bo - Chairman of the People's Committee of Quynh Luu district.

Previously,Nghe An NewspaperThere have been many reports that in 1996, Mr. Tran Ba ​​Dinh bought a 100m2 plot of land.² of the People's Committee of An Hoa commune, recorded in the Land Use Rights Certificate issued by the District People's Committee. In 2017, when he was not present in the locality, the People's Committee of An Hoa commune arbitrarily took his land to expand the kindergarten campus, but to date has not yet compensated or provided resettlement support for his family./.