Termination of proceedings in 13 cases.
(Baonghean) - On July 15, 2014, the Provincial People's Committee issued Official Letter No. 359/TB-UBND announcing the termination and non-acceptance of the following 13 cases within its jurisdiction:
(Baonghean) - On July 15, 2014, the Provincial People's Committee issued Official Letter No. 359/TB-UBND announcing the termination and non-acceptance of the following 13 cases within its jurisdiction:(Continued from previous issue)
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2. The case of Mr. Dang Ngoc Que, residing in Son Ha hamlet, Nghia Son commune, Nghia Dan district.
Mr. Dang Ngoc Que and his wife, Hoang Thi Thuy, are in dispute over land use rights and assets attached to the land with Mr. Hoang Van An (Mr. Que's father-in-law). The Nghia Son Commune People's Committee attempted mediation but failed. The Nghia Dan District People's Court issued Notice No. 01/2014/TB-TA dated February 20, 2014, regarding the acceptance of Mr. Dang Ngoc Que's administrative case.
3. The case of Ms. Nguyen Thi Ngoc, Block 250, Quang Tien Ward, Thai Hoa Town.
- Land use rights dispute with Mr. Ho Ba Dieu (neighboring household). Both Ms. Ngoc's and Mr. Dieu's households possess land use rights documents as stipulated in Clauses 1, 2, and 5, Article 50 of the 2003 Land Law. The People's Committee of Nghia Quang commune (now Quang Tien ward) has organized several mediation sessions, but without success. According to the Land Law, the next authority to resolve the dispute belongs to the People's Court.
- Ms. Nguyen Thi Ngoc accused Mr. Ho Ba Dieu of building a house and destroying her family's property, but the authorities did not initiate criminal proceedings. The People's Procuracy of Thai Hoa Town issued Conclusion No. 189 on May 13, 2009, determining the damage caused by Mr. Ho Ba Dieu to Ms. Nguyen Thi Ngoc's family to be 329,747 VND. Based on the damages caused and the documents in the file, on May 15, 2009, the People's Procuracy of Thai Hoa Town issued Decision No. 190 resolving the complaint, concluding that Mr. Ho Ba Dieu's actions did not constitute a crime and advising Ms. Ngoc to file a lawsuit in court for resolution according to the law.
- Dispute over shared access path (Ms. Ngoc claims Mr. Ho Ba Dieu built a house with a roof over the space used as an entrance/exit path for Ms. Ngoc's family). The authority to resolve the access path dispute in this case belongs to the People's Court.
4. The case of Mrs. Ho Thi Binh (wife of Mr. Vo Van Son - deceased), Hung Tan commune, Hung Nguyen district.
While alive, Mr. Vo Van Son filed a lawsuit with two contents: (1) Requesting Mr. My to return the 3-room tiled house attached to the land in Hamlet 4, Hung Tan Commune, Hung Nguyen District; (2) Requesting Mr. My to return the 3-room wooden house of Mr. Son's grandparents in Hamlet 2, Hung Tan Commune, Hung Nguyen District. After Mr. Son died in 2012, Ms. Binh continued to file a lawsuit on the above two contents.
This is a case of "claiming property" as stipulated in Article 25 of the Civil Procedure Code. Mr. Son and Mrs. Binh have filed a lawsuit with the People's Courts at various levels to seek resolution.
The People's Court of Hung Nguyen District issued judgment No. 06/2009/DS-ST on September 17, 2009. Mr. Son's family appealed, and the People's Court of Nghe An Province issued judgment No. 67/2009/DSPT on November 17, 2009. Both judgments rejected Mr. Vo Van Son's (Mrs. Nguyen Thi Binh's) entire lawsuit regarding the two aforementioned issues.
Ms. Binh's complaint does not fall under the jurisdiction of state administrative agencies at any level. If Ms. Binh disagrees with the appellate judgment, she should submit a petition to the Chief Justice of the Supreme People's Court and the Prosecutor General of the Supreme People's Procuracy for consideration of an appeal through the supervisory review procedure as stipulated in the Code of Civil Procedure.
5. The case of Mr. Nguyen Trong Thap, Hamlet 3, Xuan Son Commune, Do Luong District.
- Content 1: The complaint alleges that the People's Committee of Do Luong District issued a new land use right certificate to Mr. Phan Van Thanh's household under Decision No. 309/QD-UBND.TN dated November 13, 2005, while the land dispute was ongoing, which is contrary to legal regulations.
The results of the investigation and resolution by the People's Committee of Do Luong District, relevant departments, and the inspection team show that Mr. Thap's complaint was unfounded because:
+ Verification at the People's Committee of Xuan Son Commune and the People's Committee of Do Luong District revealed that during the process of reviewing applications for the renewal of land use right certificates, neither the People's Committee of Xuan Son Commune nor the People's Committee of Do Luong District received any application from Mr. Thap.
+ The land plot currently used by Mr. Phan Van Thanh's household was granted a new land use right certificate in 2005. This land plot was surveyed and mapped in 2002 according to the State's regulations; it was granted a land use right certificate under Decree 64/CP and has had stable land use from 1975 to the present.
+ The issuance of a new land use right certificate to Mr. Phan Van Thanh complies with the regulations of the 2003 Land Law, Government Decree No. 181/2004/ND-CP, and Article 3, Chapter II of the regulations issued with Decision No. 48/QD-UBND dated March 31, 2005, of the People's Committee of Nghe An province.
Content 2: Mr. Thap is claiming the right to use 168 m2 of land located within the residential land plot currently used by Mr. Phan Van Thanh, for which he has been granted a land use certificate.
The case essentially involves a land dispute between Mr. Thap and Mr. Thanh, with the disputed land already having a land use rights certificate. The Xuan Son Commune People's Committee attempted mediation but failed, and the current jurisdiction for resolution rests with the People's Court.
(To be continued)
People's Committee of Nghe An Province