Ms. Luc's request for Dien Truong commune to provide residential land is not in accordance with the law.

(Baonghean) - Ms. Nguyen Thi Luc, residing in Hamlet 4, Dien Truong Commune (Dien Chau) sent a complaint to Nghe An Newspaper about the fact that she is the second wife of Mr. Ho Kim Lien (a war invalid who has now passed away) but was not given favorable conditions by the People's Committee of Dien Truong Commune to consider granting her land, and not only that, the commune also suspended and hindered her house construction.

According to the petition of Ms. Nguyen Thi Luc, Mr. Ho Kim Lien was previously assigned to keep the warehouse for Quyet Thang Cooperative (in the Cam Bao lake area). Here, he built 2 temporary houses. In 2001, she married Mr. Lien (his second wife - PV) and gave birth to Ho Trong Triet in 2003. In 2006, Mr. Lien got cancer and passed away, leaving no land for her and her children because he divided it among the children of his first wife. Now the house is dilapidated, I submitted a petition to the commune to come down and measure and transfer the land use rights to build a house right here, but the commune did not resolve it. I poured rocks to make the foundation, but the commune sent militia to remove it...

The land that Mrs. Luc requested to be granted residential land use rights.

It is known that in the 1990s, Mr. Lien took over the pesticide warehouse for Quyet Thang Cooperative in the Cam Bao Lake area, then contracted production and submitted output to the Cooperative. For convenience in guarding, he built two small houses there. After his first wife died, in 2001, he married Ms. Nguyen Thi Luc and had a son. In 2006, he fell ill and passed away. Since then, Ms. Luc has been living in those two houses.

Land allocation contract between Quyet Thang Cooperative and Ms. Luc

Talking to us, Mr. Le Hong Nghe, Chairman of Dien Truong Commune People's Committee said: "Mr. Lien is a 4/4 war invalid, a citizen of Dien Truong Commune. Previously, he was granted residential land in Hamlet 4 and is currently being used by his first wife's son, Ho Trong Dinh. As for the land at Cam Bao Lake, Mr. Lien was assigned to look after the pesticide warehouse for the commune, then contracted for production, not the land assigned to Mr. Lien. It is not correct that Mr. Lien built a house, even though it is a temporary house, because this is production land, not residential land. Therefore, Ms. Luc's request to grant her residential land here is not allowed. Because in addition to the reason that Mr. Lien was granted residential land, Ms. Luc is also not eligible for residential land".

To further confirm that Mr. Lien had been granted residential land, Mr. Chu Minh Xung, a cadastral officer of the commune, provided documents related to the land allocation to Mr. Lien. The documents kept at the cadastral office of the commune clearly show that the land allocated to Mr. Lien belongs to plot 649, map sheet 112 - 63, in hamlet 4, Dien Truong commune, with an area of ​​584m2, of which residential land is 200m2, garden land is 384m2. The documents kept for the issuance of land use right certificates clearly state that Mr. Ho Kim Lien was granted a land use right certificate with the number I.388.823, entry number 36 QSDD, issued on February 25, 1997.

After Mr. Lien passed away, Ms. Luc continued to sign contracts to produce and deliver output right on the land in the Cam Bao lake area. In the land allocation contract signed on February 25, 2014, with the confirmation signature of Ms. Nguyen Thi Luc, it clearly stated that "Quyet Thang Agricultural Cooperative allocates the contract according to the area that has been bid to collect output at once... The contract term is 5 years, the contract does not incur any costs, the contractor is responsible for production, renovation and delivery of products in full on time. During the production period, the current status of the land plot must not be changed, such as: building a house, digging a pond...".

The contract was like that, however, on March 20, 2014, Ms. Luc poured rocks to build a foundation on the land assigned to Quyet Thang Cooperative for 5 years. On the same day, at 10:30 a.m., the Commune People's Committee made a record requesting the family to dismantle the illegal construction and return the land before 4:00 p.m. on the same day. At 2:30 p.m. on the same day, the Commune People's Committee continued to work with Ms. Nguyen Thi Luc. The working record clearly stated "Ms. Nguyen Thi Luc's family must immediately dismantle the illegal construction and return the land to its original state". The record also stated "The family is allowed to repair the old house but is not allowed to expand or build higher, must maintain the current status of the height and construction area of ​​the old house". However, at 4:00 p.m. on March 20, Ms. Luc's family still did not comply with the demolition. At 8:30 a.m. on March 21, 2014, the Commune People's Committee mobilized forces to dismantle the structure in the presence of the Command Board of Hamlet 4 and the Management Board of Quyet Thang Cooperative.

According to Mr. Truong Xuan Bao, head of Quyet Thang Cooperative, it is not right for Ms. Nguyen Thi Luc's family to build here without permission. Because this is the land that the family has contracted with the Cooperative, not the land assigned to the family. Mr. Chu Van Kien, Head of Hamlet 4, said: On the day Ms. Luc poured rocks to make the foundation, the commune made a record of suspension and promptly stopped it, which was right, because this is contracted land, agricultural land, not residential land. Therefore, Ms. Luc is not allowed to build. And her request for the commune to grant land use rights here is even more incorrect, because Mr. Lien has been granted residential land, also in Hamlet 4 and his son is currently using it.

Ms. Luc's act of tying the foundation to build a house is a violation of the content signed in the contract minutes dated February 25, 2014. Therefore, the People's Committee of Dien Truong commune organized the enforcement not to allow her to build a house on this land area, which is correct, because this is agricultural land, not residential land. The timely enforcement, in addition to ensuring the provisions of the law, also prevents her from wasting materials, labor, etc. The fact that she demanded the People's Committee of the commune to hand over the land use rights to her right on this land is incorrect, because Mr. Lien has already been granted residential land. The People's Committee of the commune created conditions for her to continue receiving the contract, to live in the 2 houses that Mr. Lien previously asked the People's Committee of the commune to temporarily build on this land is creating conditions for her, so she should comply with the contract minutes as clearly stated.

Article and photos:Quang An