Mr. Nguyen Van Khanh's complaint is incorrect.
(Baonghean) - Mr. Nguyen Van Khanh is complaining that the People's Committee of Nam Dan District issued Land Use Right Certificate No. E 784108 on July 22, 1995, to the family of Mr. Nguyen Kinh Canh, which includes plot number 590, map sheet number 3, with an area of 410m².2The claim that the land belongs to Dong Anh hamlet, Hung Tien commune, Nam Dan district is incorrect, because this plot of land originally belonged to Mr. Khanh's parents (Mr. Nguyen Hau and his wife, Ms. Le Thi Ba).
On June 17, 2014, the People's Committee of Nghe An province issued Official Letter No. 2715/QD-UBND.KT resolving the complaint of Mr. Nguyen Van Khanh.
Based on the resolution results of the competent authority; the inspection and verification results; and the dialogue results, the Provincial People's Committee concludes as follows:
1. Mr. Nguyen Van Khanh's complaint concerns the Nam Dan District People's Committee's issuance of Land Use Right Certificate No. E 784108 on July 22, 1995, to the Nguyen Kinh Canh family, which includes plot No. 590, map sheet No. 3, with an area of 410m².2The complaint, originating from Dong Anh hamlet, Hung Tien commune, Nam Dan district, is not in accordance with the law and is therefore unfounded because:
- Mr. Nguyen Kinh Canh's family received the land plot number 590, map sheet number 3, with an area of 410m².2Prior to October 15, 1993 (when the 1993 Land Law came into effect), the land was allocated by Hung Tien 3 Cooperative to Mr. Nguyen Kinh Canh for cultivation (growing crops) to collect taxes and prevent it from being left fallow. In 1995, Mr. Nguyen Kinh Canh declared and registered his land use rights according to Government Decree No. 64/CP. According to the Department of Agricultural Land Use Tax, Hung Tien 3 Cooperative (now Nam Hung Cooperative) allocated the land to Mr. Canh's family for cultivation (producing crops), recorded it in the land allocation register, and Mr. Canh's family paid agricultural land use tax to the State annually.
- Procedures for issuing a Certificate of Land Use Rights for plot number 590, map sheet number 3, with an area of 410m².2The land use right certificate issued to Mr. Nguyen Kinh Canh's family in 1995 complied with the regulations in Government Decree No. 64/CP dated September 27, 1993, Decision No. 2555/QD.UB dated November 30, 1993 of the People's Committee of Nghe An province on the promulgation of regulations on the implementation of Decree No. 64/CP, Inter-agency document No. 01/HD/RD-NN of the Inter-agency Land Management Board - Department of Agriculture, and the provisions of land law at the time of issuance.
- Mr. Nguyen Hau's family (while alive) and his children (after Mr. Hau's death) could not prove their legal right to use the land and could not prove actual use of the land from 1990 (when Mr. Nguyen Hau and Ms. Le Thi Ba moved in with Mr. Khanh's family) to 2000 (when Mr. Khanh's complaint was filed) for plot number 590, map sheet number 3, with an area of 410m².2(measured according to Directive 299/TTg).
2. Decision No. 371/QD-UBND.KT dated February 10, 2014, of the Chairman of the People's Committee of Nam Dan District regarding the resolution of the petition of Mr. Nguyen Van Khanh, residing in Dong Anh hamlet, Hung Tien commune, Nam Dan district, Nghe An province, has been made in accordance with the provisions of the law.
Based on the above grounds, the decision is made:
Article 1.The Decision No. 371/QD-UBND.KT dated February 10, 2014, of the Chairman of the People's Committee of Nam Dan District regarding the resolution of the petition of Mr. Nguyen Van Khanh, residing in Dong Anh hamlet, Hung Tien commune, Nam Dan district, Nghe An province, remains unchanged.
Article 2.Mr. Nguyen Van Khanh is complaining that the People's Committee of Nam Dan District issued Land Use Right Certificate No. E 784108 on July 22, 1995, to the family of Mr. Nguyen Kinh Canh, which includes plot number 590, map sheet number 3, with an area of 410m².2The complaint, which pertains to Dong Anh hamlet, Hung Tien commune, Nam Dan district, is not in accordance with the law and is therefore unfounded.
Article 3.This decision will take effect 30 days from the date of issuance.
If Mr. Nguyen Van Khanh disagrees with this complaint resolution decision, he has the right to file an administrative lawsuit at the People's Court in accordance with the law.
Article 4.The Chief of the Provincial People's Committee Office, the Chief Inspector of the Province, the Directors of the Departments of Natural Resources and Environment, and Justice; the Chairman of the People's Committee of Nam Dan District, the Chairman of the People's Committee of Hung Tien Commune; Mr. Nguyen Van Khanh and other relevant organizations and individuals shall comply with this Decision.
People's Committee of Nghe An Province