Need to have a conclusion soon on the request for granting land use right certificate of Mr. Le Viet Truong

October 9, 2014 09:14

(Baonghean) - Recently, Nghe An Newspaper received a petition from Mr. Le Viet Truong, residing in Block 1, Con Cuong Town, reflecting: According to the Conclusion Notice of the Vice Chairman of Con Cuong District People's Committee at the regular citizen reception in September 2012, his family was granted a Certificate of Land Use Rights for the land plot that had been used stably since 1988. But in mid-September 2014, his family received a reply from the district stating that it was impossible to consider granting a Certificate of Land Use Rights for the above land plot... this is "inconsistent".

Ông Lê Viết Trường bên khu đất gia đình sử dụng từ năm 1988 đến nay.
Mr. Le Viet Truong next to the land his family has used since 1988.

Through investigation, it is known that Mr. Le Viet Truong was previously a worker of Con Cuong Forestry. In 1988, he wrote a request for land from the Brick and Tile Team of Con Cuong Forestry (abandoned land dug up to get soil to make bricks and tiles) opposite his family's residential land to renovate it into a fish pond and grow water spinach and received the consent and confirmation of the Brick and Tile Team of Con Cuong Forestry. Since then, his family has been using it stably, without any disputes. Since 2010, he has written many applications for a Certificate of Land Use Rights for the above pond land, but it has not been resolved. It was not until September 10, 2012 that he was able to directly dialogue with representatives of the functional departments and offices of Con Cuong district, chaired by Mr. Vi Ngoc Quynh, Vice Chairman of the District People's Committee. Then, on September 11, 2012, the People's Committee of Con Cuong district issued Notice No. 222/TB-UBND concluding the regular citizen reception meeting in September 2012 regarding the content of his request, stating: "Based on the provisions of the law on land, Comrade Vi Ngoc Quynh - Vice Chairman of the District People's Committee chaired the meeting and concluded and assigned the following tasks: Regarding the issuance of a Certificate of land use rights for Mr. Le Viet Truong's family, the conditions for granting a Certificate of land use rights for residential land are not met, but only the conditions for granting a Certificate of agricultural land use rights in residential areas..."; Assign relevant departments and offices (the Town People's Committee, the District Department of Natural Resources and Environment, the Land Use Rights Registration Office) to direct professional staff to coordinate in conducting measurements, preparing records, and carrying out procedures for granting a Certificate of agricultural land use rights for Mr. Le Viet Truong's family in accordance with the provisions of the law on land".

However, since then, Mr. Le Viet Truong's case has not been resolved. When Mr. Truong filled the pond and built a dike to prevent soil from flowing away on the above-mentioned land plot in early September 2014, the People's Committee of Con Cuong Town made a record of administrative fines, and the District People's Committee issued Report No. 700/UBND-TN, dated September 17, 2014, in response to Official Dispatch No. 160/HĐND District requesting to resolve Mr. Le Viet Truong's petition regarding the request for a Certificate of Land Use Rights. The report was sent to Mr. Le Viet Truong, stating: “On August 19, 1988, the town was established from Bong Khe commune. This area was planned to be used as residential land, but due to too many digging boxes and deep holes, the People's Committees at all levels have not yet made detailed plans to allocate residential land to households and individuals. By 2008, the People's Committee of Nghe An province had issued a decision approving the town planning, this land was also located in the residential land planning area; due to the urgent need for residential land for the people, the People's Committee of the town has been making detailed plans for this land as residential land and is submitting it to the Provincial People's Committee for approval. Thus, this land belongs to the residential land planning area, so it is not possible to consider granting a Certificate of garden land use rights to Mr. Le Viet Truong...”.

Thus, Mr. Le Viet Truong's reflection on the "inconsistency" in the conclusion content in Notice 222 dated September 11, 2012 and Report No. 700 dated September 17, 2014 of the People's Committee of Con Cuong district is well-founded. Mr. Phan Thanh Hung, Deputy Head of the District Department of Natural Resources and Environment, said: "This is a residential land planning area that cannot be granted garden land... Regarding the previous notice (Notice 222-PV), if necessary, the district chairman can issue a notice of cancellation". Mr. Hoang Dinh Tuan, Chairman of the District People's Committee, said: One of the two documents has something incorrect, it is the responsibility of the consultant, the district will organize a review...

Through this incident, the responsibility first belongs to the specialized departments and offices of Con Cuong district, which have given different advice at different times, leading to two different conclusions for one incident. The next responsibility belongs to the district leaders who failed to check before signing and issuing documents. Therefore, along with directing a serious review, the People's Committee of Con Cuong district needs to quickly verify to draw an accurate conclusion, not to let the incident drag on, prolong, and cause complications in the area. Regarding Mr. Le Viet Truong, during the time of requesting to resolve related procedures, when the Certificate of Land Use Rights had not been granted, he had renovated and changed the current status of the land plot, which was wrong. He needs to be clearly aware of this, and accordingly, he needs to coordinate with the district's functional departments and agencies to resolve it completely.

*Lawyer Nguyen Trong Hai - Head of Trong Hai and Associates Law Office:According to the provisions of the 2013 Land Law and Article 14, Decision No. 10/2013/QD-UBND dated January 22, 2013 of the People's Committee of Nghe An province, detailed regulations on land use rights documents before October 15, 1993, including land grant documents of the Chairman of the Agricultural Cooperative and the directors of agricultural and forestry farms; In the case of Mr. Le Viet Truong's family, Con Cuong Forest Farm agreed to use the land for production since 1988 and the land has been used stably from that time until now, without any disputes. Therefore, his family's request to be granted a Land Use Rights Certificate is well-founded.

*According to the staff of the Land Management Department of the Department of Natural Resources and Environment:Based on Clause 5, Article 20, Decree No. 43/2014/ND-CP dated May 15, 2014 on Detailed regulations for the implementation of a number of articles of the Land Law, Mr. Le Viet Truong is eligible to be granted a Certificate of land use rights.

*Mr. Nguyen Duc Son, Director of Con Cuong Forestry One Member Co., Ltd. (formerly Con Cuong Forestry Farm), said:“Previously, Mr. Truong was allowed by the Forestry Department to use the land after making bricks and tiles for production, and since then, Mr. Truong has been using it stably. Therefore, it should be legalized for his family.”

Quang An