Commune confused because of ambiguous agricultural land

(Baonghean) - Nghe An Newspaper received a petition from Ms. Hoang Thi Vien (residing in Xuan Tien hamlet, Nghi Thach commune, Nghi Loc district) reflecting that her family had a plot of agricultural land but the commune transferred it to another family for use; and the Nghi Loc district government did not grant the correct amount of rural land to her family.

Ms. Hoang Thi Vien said that her family has a 231m2 agricultural land plot divided according to Decree 64, located in the garden of Mr. Nguyen Bang Thung (Ms. Vien's father-in-law).

Because the two families lived next to each other, the family lent this land to Mr. Thung for agricultural purposes. However, in 2009, the Nghi Thach Commune People's Committee sold 1/3 of the land to Mr. Dung and Mrs. Thao's family (Ms. Vien's neighbor).

The 231m2 plot of land that Ms. Vien said Nghi Thach Commune People's Committee sold to neighboring households.

By 2015, the remaining area was transferred by the commune to Ms. Nguyen Thi Long (Mr. Thung's wife). In 2013, her family submitted a petition to the commune and district to reclaim the land but it has not been satisfactorily resolved. According to Ms. Vien, her family has been using residential land and garden land since 1978, so according to the provisions of Articles 83 and 84 of the Land Law, her family's residential land area must be determined to be 1,500m2, not 200m2 as stated in the Land Use Rights Certificate.

According to the 1997 Land Use Rights Certificate, the total land area granted to Mrs. Vien's family is 3,632 m2. Of which, there are 2,732 m2 of agricultural land, 503 m2 of residential land and garden land, and 166 m2 of land. Regarding agricultural land, her family was granted 13 plots, including plot number 69, map sheet number 1, area 231 m2, in Mr. Thung's garden land.

According to observations, the above plot of land is currently outside the fence of Mrs. Vien's family and in the garden of Mrs. Nguyen Thi Long's family (Mr. Thung's wife). Most of the land area is being used by Mr. Nguyen Bang Anh's family (Mrs. Long's son) for agricultural production, a small part is bushes.

Regarding residential land and garden land, in 2005, after the mapping team came to measure, the residential land and garden land area of ​​Mrs. Vien's family increased from 503 m2 (divided according to Decree 64) to 2,092 m2. After dividing 3 plots of land for 3 children, Mrs. Vien's residential land and garden land area remained at 1,492 m2. Of which, there were 200 m2 of residential land and 1,249 m2 of garden land.

At the end of the plot of land is dense bushes.

Previously, in 2002, in order to facilitate production by implementing land conversion according to Directive 02 of the Provincial Party Committee, the entire land within Mrs. Vien's fence was left intact by the village's Conversion Committee. As for the 231m2 area outside the fence, the village gave it to Mrs. Long's family for production.

The village conversion committee has consolidated Mrs. Vien's family's agricultural land from 13 plots to 7 plots with a total area of ​​3,205 m2. In 2015, implementing the land conversion according to Directive 08, the village conversion committee continued to convert Mrs. Vien's land from 7 plots to 3 plots in 3 fields with a total area of ​​3,247 m2.

According to Mr. Nguyen Bang Luong - Head of Xuan Tien Hamlet, because the area of ​​231m2 land plot is small, the commune did not include it in the conversion plan but assigned it to Mr. Nguyen Bang Anh's family for agricultural purposes to facilitate farming. As for Mrs. Vien's family's agricultural land, the hamlet converted it to another plot with a larger total area. However, because Mrs. Vien did not sign for it, some plots are currently abandoned, and some plots are used by others.

The books kept in Xuan Tien hamlet show the land conversion according to Directive 02 for Mrs. Vien's family.

Through reviewing the land conversion records according to Directive 02 of Xuan Tien hamlet, it can be seen that the recording and presentation are very sketchy. In Mrs. Vien's house, many data have been edited and are unclear. Moreover, the hamlet cadre said that the allocation of the 231m2 land plot to Mr. Anh's family for use had the consent of Mrs. Vien, but in reality there is no document to prove it.

According to Mr. Luong, the land allocation for Mr. Anh to use was not in writing but only verbally. Mr. Nguyen Dinh Ninh, a local land officer, confirmed that the commune did not sell this land plot to other families as Ms. Vien said. Currently, the land plot is under the management of Nghi Thach Commune People's Committee.

Checking at the Land Use Rights Registration Office, according to the extracted map, the above land plot is still independent, with plot number 391, area 163m2. Mr. Nguyen Dinh Linh - Director of the Land Use Rights Registration Office of Nghi Loc district affirmed that the above land plot is still under the management of Nghi Thach Commune People's Committee.

Regarding the issue of Mrs. Vien claiming that the family must be determined the entire residential land area according to the provisions of the Land Law of 1,500m2, there is a lot of conflicting information. After Mrs. Vien's opinion, Xuan Tien hamlet organized a hamlet meeting. At this meeting, many opinions disagreed and said that Mrs. Vien's family used the land after 1980.

The 2005 survey map shows that there is a plot of land on plot number 391, area 163m2.

However, in the application for a change in the land use right certificate, the origin of land use of Ms. Vien's family was determined to be from 1978. Specifically, in 2014, Ms. Vien and her husband, Mr. Nguyen Bang Thung (same name as her father-in-law) submitted an application for a change in the land use right certificate.

Through the documents used to process the issuance and exchange of the land use right certificate for Ms. Vien's family, it is shown that the origin of the land plot was determined to have been assigned to Ms. Vien's family since 1978. The documents have the signatures of representatives of the Nghi Thach Commune People's Committee, the Xuan Tien Hamlet Front Committee as well as neighboring households.

Although in 2013, Ms. Vien submitted a petition to Nghi Thach Commune People's Committee disagreeing with the land division, over the years the matter has not been satisfactorily resolved. In August 2013, Nghi Thach Commune People's Committee issued Document No. 12 in response to Ms. Vien's petition. Nghi Thach Commune People's Committee acknowledged the confusion and difficulties in the resolution process and requested Nghi Loc District People's Committee to find a solution, but things have not progressed.

To ensure the legitimate rights of the people and ensure a stable life, the People's Committee of Nghi Loc district and Nghi Thach commune need to soon organize a working group to inspect and review the entire process of organizing and implementing land conversion in Xuan Tien hamlet and specifically the case of Ms. Hoang Thi Vien to respond to her in accordance with regulations.

Nguyen Hung