Many irregularities in the case of loss of ancestral land in Yen Thanh district

Based on map sheet 299

Nghe An Electronic Newspaper published on March 11, 2023 published the articlePanicked because the land left by parents "disappeared", reflecting the case of Mrs. Nguyen Thi Hien Luong's family residing in Van Yen hamlet, Van Thanh commune (Yen Thanh) who was shocked when after a period of working away from home, two neighboring families encroached on all their ancestral land.

The two families that encroached on the land were specifically named by Ms. Luong as Mr. Nguyen Thanh Than's family and Mr. Nguyen Van Kiem's ​​family (after Mr. Kiem passed away, he left the land to his son, Mr. Nguyen Van Son).

A copy of map sheet 299 clearly shows the three plots of land belonging to Mr. Than, Mr. Xung, and Mr. Kiem, confirmed by the People's Committee of Van Thanh commune. Photo: Tien Dong

According to Ms. Luong, the basis for her opinion is that map 299 still kept at the People's Committee of Van Thanh commune shows that plot 437 of land left by her parents has an area of ​​360m2.²This has also been confirmed by the People's Committee of Van Thanh commune and confirmed by the family of Mr. Nguyen Thanh Than and the family of Mr. Nguyen Van Son.

Specifically, in the minutes of conciliation of the land dispute between Ms. Luong's family and Mr. Nguyen Thanh Than's family on the morning of October 13, 2020, Mr. Than stated that Mr. Than's land plot had been occupied since 1983; at that time, there was a plot of land belonging to Mr. Nguyen Van Xung adjacent to it; in 1986, because Mr. Xung's family did not live on the land, the house collapsed, so Mr. Cuong (Mr. Xung's son) demolished the house. In 1986, the cooperative came to hand over the land and divided Mr. Xung's land to Mr. Than's family and Mr. Kiem's ​​family.

Land area information of Mr. Than's family (named after his wife Dao Thi Hue) residential land area is 200m22and garden land is 300m2Photo: Tien Dong

It is worth mentioning that at the reconciliation meeting, the People's Committee of Van Thanh commune affirmed that currently, the legal documents on land allocation and land allocation of the cooperative at the previous time are no longer stored locally.

In addition to the mediation to resolve the land dispute between Ms. Luong's family and Mr. Nguyen Thanh Than's family, on November 24, 2020, the People's Committee of Van Thanh commune continued to mediate the land dispute between Ms. Luong's family and Mr. Nguyen Van Son's family. In his opinion, Mr. Son said that at the time his father was still alive, there were only a few roads leading to Mr. Xung's land; currently, Mr. Son's family has built a solid structure. Mr. Son himself has completed the procedures to change from a red book to a pink book and the current granted area is smaller than the red book.

Data on Mr. Kiem's ​​family's land is still available. Photo: Tien Dong

Also according to map 299, Mrs. Luong's parents' land plot number 437 has an area of ​​360m2.²; Mr. Nguyen Thanh Than's adjacent land plot has code number 436, area 260m2²and Mr. Nguyen Van Kiem's ​​land plot has number 438 with an area of ​​220m2²However, according to cadastral map No. 19 of Van Thanh commune, the land plot that Mr. Than's family is using has been converted to plot No. 764 with an area increased to 501m2.²; and the land plot of Mr. Kiem's ​​house before giving it to his son, Mr. Nguyen Van Son, had the code number 803 with an area increased to 528m2.².

The abnormalities

Digging deeper into the matter, when we were present at the People's Committee of Van Thanh Commune and asked Mr. Nguyen Que Linh - Chairman of the People's Committee, we received a confirmation that the above-mentioned land dispute existed. Mr. Linh also said that the local government had organized a mediation but the parties involved could not find a common voice, so the People's Committee of the Commune instructed the people to file a lawsuit in court.

The land that previously belonged to Ms. Luong's parents is now located in Mr. Than's garden. Photo: Tien Dong

Currently, Mr. Linh affirmed that there is no record mentioning that the cooperative took land from Mr. Xung and Ms. Tiu's family (Ms. Luong's parents) to give to Mr. Than and Mr. Kiem's ​​families.

In particular, the People's Committee of Van Thanh commune currently only keeps the land use right certificate book and the land registry book. In the land use right certificate book, information about the land of Mr. Nguyen Van Than's family under the name of his wife Dao Thi Hue only records a total area of ​​2,256m2.²In the land registry, in addition to the rice fields, garden land is recorded as 300m2.², and residential land is 200m².

In particular, the land use right certificate of Mr. Kiem's ​​family records the total area of ​​rice fields, garden land, and residential land as 3,421m2.². The land registry records that Mr. Kiem's ​​family has 2 plots of residential land, of which the garden area is 340m2.²and residential land is 400m².

The entrance to Mrs. Luong's parents' land has now been occupied by Mr. Son's family (Mr. Kiem's ​​son) and a fence has been built, so there is no way in. Photo: Tien Dong

At the Yen Thanh District Land Use Rights Registration Office, we were able to access the Land Inventory Book, Land Use Rights Certificate Book, and Land Registry Book. All the data in these books recorded the same information as the books kept at the Van Thanh Commune People's Committee. What was unusual was that there were no records of the land of these families, especially the land application as well as the records and papers related to the increase in area.

According to the staff of the Yen Thanh District Land Use Rights Registration Office, the land plot of Mr. Nguyen Thanh Than and Ms. Dao Thi Hue's family has not yet been granted a new Land Use Rights Certificate.

The certificate of origin, time and area of ​​land use of Mr. Kiem's ​​family confirmed by the People's Committee of Van Thanh commune in 2010 was completely wrong compared to the information on map 299. Photo: Tien Dong

Regarding the land plot of Mr. Nguyen Van Kiem's ​​family, on May 7, 2007, Mr. Kiem completed the procedure to donate his land plot with an area of ​​528m2.²to his son Nguyen Van Son. On December 10, 2010, Yen Thanh District People's Committee issued Land Use Rights Certificate No. BC 425006 to Nguyen Van Son. It is worth mentioning that in the land donation file, the family declared the land use origin as "long-standing residential land left by ancestors".

More unusually, in the Certificate of origin, time and area of ​​land use confirmed by the Land Registration Council of Van Thanh commune, signed by the Chairman of the People's Committee of Van Thanh commune, Nguyen Dinh Long, in 2010, it was confirmed that: "Origin and time of land use: Plot No. 803, area 528m²Map sheet number 19 is originally plot number 438, area 740m2², map sheet number 11 (map 299). It is long-standing residential land whose land use rights are recognized by the State".

Obviously, the determination of the origin, time and land use area for Mr. Nguyen Van Kiem's ​​family by the People's Committee of Van Thanh commune in 2010 was completely wrong. Because according to map 299, land plot number 438 of Mr. Kiem's ​​family only had an area of ​​220m2.².

Records related to the increased fluctuations of Mr. Than and Mr. Kiem's ​​land plots are still recorded in the land registry books, land use right certificate issuance books and inventory books, but there are no other documents. Photo: Tien Dong

Not to mention, according to Report No. 01/BC-UBND dated January 17, 2022 of the People's Committee of Van Thanh commune on providing information and documents to serve the settlement of land use rights disputes for Mr. Nguyen Van Hoang (a neighbor adjacent to the land plot of Mr. Xung and Ms. Tiu's family before) and Mr. Nguyen Thanh Than. In the section on determining the origin and land use process of plot 437 (map sheet 299), the People's Committee of Van Thanh commune affirmed that "before 1980, it was residential land of Mr. Nguyen Van Xung's family (father of Mrs. Nguyen Thi Hien Luong). Mr. Nguyen Van Xung's family lived on that plot of land from about 1986 to 1989 (this time frame was not agreed upon by Mr. Than's family and Mrs. Luong's family). After Mr. Xung died, Mr. Xung's wife, Mrs. Nguyen Thi Tiu, moved to live with her son Nguyen Van Cuong's family, and that plot of land has been divided and used by Mr. Than's family and Mr. Nguyen Van Kiem's ​​family since then."

It is clear that before, Mrs. Luong's parents' family had a plot of land in Van Yen hamlet, adjacent to the plot of land of Mr. Nguyen Thanh Than and Mr. Nguyen Van Kiem's ​​families. However, this plot of land was granted to Mr. Than's family and Mr. Kiem's ​​family without any confirmation documents. There are even no documents related to the land area of ​​Mr. Than's family and Mr. Kiem's ​​family increasing many times.

So who is the person who defied the law to take the land of Mr. Xung and Ms. Tiu's family and divide it among Mr. Than and Mr. Kiem's ​​families? This needs to be clarified by the local authorities of Van Thanh commune and the People's Committee of Yen Thanh district./.