Self-built chapel in Cua Lo town seriously violates the law

(Baonghean.vn)- The act of building a chapel onplot number 54at block 8, Nghi Tan ward (Cua Lo town) is against the provisions of law.

» Illegal trick of turning residential land into a chapel in Cua Lo

The first,The transfer of land by Mr. Tran Van Son and Ms. Nguyen Thi Hong to Mr. Tran Van Cay and Ms. Hoang Thi Tam (handwritten document dated February 16, 2017) but without notarization or authentication is a violation of Clause 3, Article 167 of the 2013 Land Law (Notarization and authentication of contracts and documents implementing land user rights).

The fact that Mr. Tran Van Son (land user) has not properly declared and registered land and carried out procedures when transferring land use rights is a violation of the provisions of Clause 2, Article 170 of the 2013 Land Law (General obligations of land users) and Article 79 of Decree No. 43/2014/ND-CP dated May 15, 2014 of the Government (Order and procedures for conversion, transfer, lease, sublease, inheritance, donation, capital contribution with land use rights, ownership of assets attached to land; transfer of land use rights, ownership of assets attached to land).

The chapel area was built illegally.

Monday,According to the Land Use Right Certificate No. BR 416891 dated February 17, 2014 issued by the People's Committee of Cua Lo town, the purpose of using land plot No. 54, map No. 2, area 297.6m²The land is residential land and forestry land, but Mr. Tran Van Cay arbitrarily converted it to build a chapel, which is not in accordance with the original land use purpose.

Tuesday,Mr. Tran Van Cay's organization of the construction of a chapel on plot 54, map 2, block 8, Nghi Tan ward without a construction permit from the competent authority violated Clause 6, Article 13, Decree 121/2013/ND-CP dated October 10, 2013, regulating administrative sanctions in construction activities.

Mr. Hoang Van Sang - Chairman of the Pastoral Council of Duc Xuan parish directly directed nearly 200 parishioners to organize the illegal construction of a chapel.

Wednesday, half of the above land plot is located on a 12m road and the other half is located on a residential land subdivision area under the planning of a fish market, a resettlement frozen warehouse and a residential area in Nghi Tan ward, Cua Lo town. The detailed planning at a scale of 1/500 was approved by the People's Committee of Cua Lo town in Decision No. 4127/QD.UBND dated December 31, 2013..Currently, the project is investing in the construction of some items. Therefore, the construction of the above project is not in accordance with the planning.

Thursday,The granting of construction permits for religious works must be carried out in accordance with Decree 12/2009/ND-CP dated February 12, 2009 of the Government on the management of construction investment projects (abbreviated as Decree 12/CP). Decree 92/2012/ND-CP detailing the implementation of the Ordinance on Beliefs and Religions also stipulates: Religious construction works must be approved in writing by the Religious Affairs Committee - Department of Home Affairs (a specialized agency advising on state management of religion at the provincial level).

Handwritten land transfer papers between Mr. Tran Van Son and Mr. Tran Van Cay have not been confirmed by the authorities.

Thus, the intentional illegal construction of a chapel by Mr. Tran Van Cay and a number of households in Block 8, Nghi Tan Ward, violated the Land Law, Construction Law and Ordinance on Religious Beliefs, causing insecurity and disorder in the area, and must be strictly handled.

Reporter team