Internal family consensus is needed.
(Baonghean)- In a letter sent to the Nghe An newspaper, Ms. Ngo Thi Em, residing in Block 13, Hung Nguyen town, claimed that the Hung Nguyen District People's Committee's issuance of land use right certificate No. 00513 QSDĐ/75 QD/UB dated April 6, 1996, for plot No. 541, map sheet No. 4, with an area of 200m2 of residential land, as surveyed according to Directive 299/TTg, to her son, Luu Duc Cuc, was incorrect. Therefore, she requested the revocation of the aforementioned land use right certificate and the issuance of a new one to her. To clarify Ms. Em's complaint, we visited the locality to investigate the situation firsthand.
According to Ms. Em's statement, in 1981, the People's Committee of Hung Dao commune, together with the Management Board of Viet Thang Cooperative, allocated her a plot of land in Cau Ngo team, bordered to the north by Road 49, to the south by Mr. Dau Xuan Truong's house, to the east by the road leading to the old hospital, and to the west by Mr. Luu Duc Nhac's house, with an area of 400m2. However, due to difficult circumstances, she sold 200m2. In 1996, the local authorities implemented a policy of registering and issuing land use certificates to each family. Her eldest son took advantage of her absence to register the remaining land in his own name and subsequently received a land use certificate from the People's Committee of Hung Nguyen district.
Based on Ms. Em's account, our investigation revealed that between 1977 and 1980, her family resided at Cau Ngo, now Block 13, Hung Nguyen Town. However, Mr. Cuc currently does not possess any documents or records related to the land allocation for Ms. Em's family at that time. Meanwhile, according to documents provided by Mr. Cuc: On October 20, 1984, in compliance with Official Dispatch No. 3079 of the Chairman of the Council of Ministers; based on the land application of Mr. Luu Duc Mien, Ms. Ngo Thi Em, and Mr. Luu Duc Cuc; and at the request of the Management Board of Viet Thang Cooperative, Hung Dao Commune, the Chairman of the People's Committee of Hung Dao Commune, Hung Nguyen District, issued two land use permits for households with the same area of 250m2; The land plot boundaries are the same, differing only in the names of the land users: one certificate is in the name of Mr. Luu Duc Mien and Ms. Ngo Thi Em, and the other is in the name of Mr. Luu Duc Cuc.
Mr. Cúc also stated that in 1992, the family of Mr. Lưu Đức Miên and Mrs. Ngô Thị Ẻm sold their house and transferred their land to Mrs. Ngô Thị Hường, with an area of 184m2. In 1993, the family of Mr. Lưu Đức Miên and Mrs. Ngô Thị Ẻm further transferred the land use rights to Mr. Phan Hữu Độ, with an area of 120m2. This means that the entire land area belonging to Mr. Lưu Đức Miên and Mrs. Ngô Thị Ẻm has been transferred. The remaining plot of land, currently used by Mrs. Ẻm and Mr. Cúc, with an area of 239m2, belongs to Mr. Cúc.
Mrs. Em and Mr. Cuc's house is located on the same plot of land, number 541, map sheet number 4, with an area of 200 square meters.2.
Based on the issues presented by Ms. Em, there is insufficient legal basis to assert that plot number 541, sheet number 4, with an area of 200m2 of residential land, as shown on the cadastral map according to Directive 299/TTg of Hung Dao commune (which Ms. Ngo Thi Em is complaining about), originated from the Viet Thang Cooperative, Hung Dao Commune People's Committee, Hung Nguyen District, which granted the land to Ms. Ngo Thi Em and her husband, Luu Duc Mien, before December 18, 1980. Currently, there is a house on the aforementioned plot of land used by Ms. Ngo Thi Em and another house used by Mr. Luu Duc Cuc. Therefore, there is insufficient basis to assert whether the right to use plot number 541, sheet number 4, with an area of 200m2, as shown on the cadastral map according to Directive 299/TTg, belongs solely to Ms. Ngo Thi Em or solely to Mr. Luu Duc Cuc.
For this reason, in the document addressing the review of Ms. Ngo Thi Em's complaint, the Provincial People's Committee requested the Hung Nguyen District People's Committee to revoke the land use right certificate issued to Mr. Luu Duc Cuc, number 00513 QSDĐ/75 QD/UB dated April 6, 1996, and to reissue land use right certificates attached to the property to Mr. Luu Duc Cuc and Ms. Ngo Thi Em. According to the current Land Law, Ms. Ngo Thi Em and Mr. Luu Duc Cuc are eligible to have their land use right certificates reissued under the form of joint use rights, or separately for each person based on the area and boundaries redefined on the ground according to reality and legal regulations.
Regarding this issue, Mr. Nguyen Xuan Hiep, Chief Inspector of Hung Nguyen District, stated: Along with issuing the decision to revoke and cancel the land use right certificate issued to Mr. Luu Duc Cuc in 1996, the People's Committee of Hung Nguyen District and the People's Committee of Hung Nguyen Town guided Mr. Luu Duc Cuc and Ms. Ngo Thi Em in the procedures for obtaining a new land use right certificate. However, Mr. Luu Duc Cuc and Ms. Ngo Thi Em could not reach an agreement, so they could not prepare the necessary documents for the certificate. Therefore, the People's Committee of Hung Nguyen District could not issue a land use right certificate to Mr. Luu Duc Cuc and Ms. Ngo Thi Em.
This incident demonstrates that Ms. Em's complaint is well-founded. However, the land use rights dispute between her and Mr. Luu Duc Cuc is a civil matter. Therefore, her desire to divide the land into two portions to obtain a separate land use right certificate requires the agreement of all family members, including Ms. Em and Mr. Luu Duc Cuc. This can be achieved by holding a family meeting, with all members signing the minutes, and completing the necessary paperwork to submit to the District People's Committee for the issuance of the land use right certificate to both Ms. Em and Mr. Luu Duc Cuc as per regulations. If the family members do not reach a consensus, Ms. Em can file a lawsuit in court for resolution according to the law. This incident also highlights the need for serious review and lessons learned regarding the issuance of land use right certificates in cases where ownership is unclear, to prevent similar cases from occurring in the future.
Text and photos: Dang Nguyen