Resolving land use rights disputes in Quynh Phuong ward (Hoang Mai town) (2nd time)
I. Summary of the dispute:
In 2004, Mr. Nguyen Van Dinh and Ms. Ho Thi Thuy (2 people who were granted land by the People's Committee of Quynh Phuong commune, Quynh Luu district) were building a house when Mr. Nguyen Duc Thang prevented them, causing a dispute.
Through working with the parties and case files, the parties in dispute over land use rights are as follows:
- Ms. Ho Thi Thuy disputes the right to use 200m2The land is located in plot number 610, map number 126-77, Quynh Phuong ward, Hoang Mai town with Mr. Nguyen Duc Thang (currently Mr. Thang has built a house).
- Mr. Nguyen Van Dinh disputed with Mr. Nguyen Duc Thang about land use rights with an area of 100m22land (100m remaining)2no dispute).
- Mr. Nguyen Duc Thang proposed that the State recognize the right to use 300m2The land is located in plot number 610, map number 126-77, Quynh Phuong ward, Hoang Mai town, which is in dispute with Mr. Nguyen Van Dinh (area 100m2)2) and Ms. Ho Thi Thuy (area 200m2).
On September 1, 2015, the Provincial People's Committee issued Official Dispatch No. 3906/QD.UBND.KT on resolving land disputes between the two of you. Based on:
- Results of mediation by the People's Committee of Quynh Phuong Ward; Results of settlement by the Chairman of the People's Committee of Hoang Mai Town; Results of inspection and verification of the dispute; Results of working with the representative of Ms. Ho Thi Thuy's family; Results of working with Mr. Nguyen Duc At; Results of inspection and verification of the origin of the disputed land area; On the current status of use of the disputed land; Results of working and mediation of the dispute between the parties.
The interdisciplinary working group organized a meeting and mediation between the disputing parties, with representatives from the People's Committee of Hoang Mai Town and the People's Committee of Quynh Phuong Ward, to clarify the basis for recognizing land use rights according to the provisions of the law on land. The disputing parties all requested the State to recognize their land use rights.
II. Conclusion
1. Do not recognize the right to use 300 square meters of land located in part of plot number 610, map sheet number 126-77, Quynh Phuong ward, Hoang Mai town for Mr. Nguyen Duc Thang's household, because:
- The land area that Mr. Nguyen Duc Thang claimed to have received the transfer of land use rights from Mr. Nguyen Van Hoa originated from unused land, managed by the People's Committee of Quynh Phuong Commune. According to the confirmation of the People's Committee of Quynh Phuong Ward and the land management records, Mr. Nguyen Van Hoa has not used the above land area.
- The documents on land use rights transfer provided by Mr. Nguyen Duc Thang do not have sufficient legal basis to prove his land use rights (The transfer papers do not have confirmation from the competent authority).
- Mr. Nguyen Van Dinh's household and Mrs. Ho Thi Thuy's household were considered by the People's Committee of Quynh Phuong Commune, Quynh Luu District (now the People's Committee of Quynh Phuong Ward, Hoang Mai Town) to be allocated residential land and have paid land use fees to the State Budget since 2002 (of the 300m2 mentioned above, Mr. Dinh's household has 100m2 out of the total 200m2 allocated; Mrs. Thuy's household includes the entire allocated area of 200m2).
2. Mr. Nguyen Van Dinh's household and Ms. Ho Thi Thuy's household are eligible to be considered for recognition of land use rights for the land area assigned by the People's Committee of Quynh Phuong commune in 2002, (Mr. Dinh's household has 200m2, including 100m2 of dispute resolved in this Decision; Ms. Thuy's household has 200m2 of dispute resolved in this Decision).
From the above grounds,
DECISION
Article 1.Resolve the dispute over land use rights between Mr. Nguyen Van Dinh's household and Mrs. Ho Thi Thuy's household with Mr. Nguyen Duc Thang as follows:
- Not recognizing the right to use 300 square meters of land located in a part of plot number 610, map sheet number 126-77, Quynh Phuong ward, Hoang Mai town for Mr. Nguyen Duc Thang's household.
- Mr. Nguyen Van Dinh's household and Ms. Ho Thi Thuy's household are eligible to be considered for recognition of land use rights for the land area assigned by the People's Committee of Quynh Phuong commune in 2002, each household 200 m2 (including the area subject to dispute resolution in this decision).
Article 2.The decision takes effect after 30 days from the date of signing.
Within 30 days from the date of receipt of this decision, if Mr. Nguyen Van Dinh, Ms. Ho Thi Thuy, Mr. Nguyen Duc Thang do not agree with the settlement decision of the Chairman of Nghe An Provincial People's Committee, they have the right to appeal to the Minister of Natural Resources and Environment or file a lawsuit at the People's Court according to the decision of the law.
Article 3.Chief of the Provincial People's Committee Office, Chief Inspector, Directors of the Departments: Natural Resources and Environment, Justice; Chairman of the People's Committee of Hoang Mai Town, Chairman of the People's Committee of Quynh Phuong Ward; Mr. Nguyen Van Dinh, Ms. Ho Thi Thuy, Mr. Nguyen Duc Thang and related organizations and individuals are responsible for implementing this decision.
People's Committee of Nghe An province