Quynh Luu district criticized commune leaders for the case of people losing their homes and land after returning from working far away.
The leader of the People's Committee of Quynh Luu district said that the People's Committee of An Hoa commune has not seriously implemented the assigned contents; the district has issued an official dispatch criticizing the Chairman of the People's Committee and the commune's land officials, and at the same time, urging the People's Committee of An Hoa commune to complete the instructions of the District People's Committee.
There is a discrepancy in the records.
On October 16, Mr. Ho Anh Dung - Chairman of the People's Committee of An Hoa Commune (Quynh Luu), said that the commune had just sent a report on the results of verifying the origin of land use of Mr. Tran Ba Dinh to the District People's Committee. This move came after Nghe An Newspaper hadarticle about Mr. Dinhlost house and land after returning from working far away but received no compensation from the government.
According to Mr. Dung, to reach the conclusion, the commune invited many related people, including officials and leaders of the commune nearly 30 years ago to verify. The results showed that the land allocation location for Mr. Tran Ba Dinh was conducted by Mr. Tran Ba Tan - former land management officer representing the Commune People's Committee in 1996. The specific location, the East borders the cooperative's land, the West borders the drainage ditch (now a traffic road), the South borders the inter-commune road (now Provincial Road 537B), the North borders the drainage ditch near the school. The land plot has an area of 100m22, the purpose of land use is residential land.
However, regarding map 299, Mr. Dinh was assigned land by the People's Committee of An Hoa commune at plot number 1284, map sheet 01, area 40 m² and part of the area of plot number 1285, map sheet 01, area 60 m².
Regarding the cadastral map, when the People's Committee of An Hoa commune allocated land to Mr. Dinh, the allocated land area was measured by the cadastral map into a specific plot of land number 308, map sheet 10, with an area of 462 m². The People's Committee of An Hoa commune only allocated 100 m² of residential land to Mr. Dinh, equivalent to the amount of money collected from this person of 2 million VND. The remaining area was deducted to make land for school construction. Currently, it is corridor land next to kindergarten and primary school.
Therefore, the People's Committee of An Hoa commune concluded that, comparing the current land allocation location, map 299, and cadastral map, the land allocation location of Mr. Dinh was assigned by the People's Committee of An Hoa commune at plot number 1284, area 40m² plus 60m2at plot number 1285, map sheet 01.
Regarding the current status of land use, after being allocated land, Mr. Dinhhave built barber shopon a part of the land plot area at plot number 1285, while plot number 1284 Mr. Dinh has not used. In 1996, the Land Use Right Certificate of Mr. Dinh was issued by the People's Committee of Quynh Luu district on January 1, 1996, as agricultural land. After Mr. Dinh was granted residential land by the People's Committee of the commune, the land management officer of An Hoa commune added a residential land plot to this Land Use Right Certificate, specifically plot number 1285, map sheet 01, area 100 m². This officer wrote in the note section "Residential land issued later added to the Certificate".
The People's Committee of An Hoa commune said that the reason for the existence of land plot No. 1285 on Mr. Dinh's Land Use Rights Certificate was that in 1996, the commune's land management officer arbitrarily adjusted land plot No. 1284 and a part of the area of land plot No. 1285 into land plot No. 1285, then added it to the certificate.
“Thus, the land plot of Mr. Tran Ba Dinh was granted residential land by the People's Committee of An Hoa commune at plot number 1284, area of 40 m² and 60 m² of plot number 1285, map sheet 01. The meeting to consider granting the first Land Use Right Certificate has not been held. The People's Committee of Quynh Luu district has not yet granted the first Land Use Right Certificate", the conclusion of the People's Committee of An Hoa commune stated.
Although there has been a report on the results of verifying the origin of the land plot, in this report, the Commune People's Committee has not yet made recommendations or proposals on how to handle the situation as requested by the District People's Committee.
Talking to Nghe An Newspaper reporters about this matter, the Chairman of An Hoa Commune People's Committee said that the commune had previously proposed the District People's Committee to compensate Mr. Dinh for resettlement land but was not approved.
“It is unlikely that such a proposal will be successful because of the fear of making mistakes. Therefore, the commune will only report the results of further verification of the land origin and wait for guidance and direction from the district. In terms of the situation, all levels should also pay attention so that Mr. Dinh does not suffer any losses. As for the law, we may have to wait for the court to resolve it,” said the Chairman of the People’s Committee of An Hoa commune.
Criticism of commune leaders
Previously, on October 5, Nghe An Newspaper published an article reflecting on Mr. Tran Ba Dinh.lost land, lost houseafter a long time working away from home. According to Mr. Dinh, he is the legal owner of land plot number 73, map sheet number 16 (ie land plot number 1285, map sheet 01, map 299), which was granted a land use right certificate by the People's Committee of Quynh Luu district on June 1, 1996 with an area of 100m² of residential land.
In 2019, when he was not present in the locality, the People's Committee of An Hoa commune arbitrarily demolished the kiosk, took his land to expand the kindergarten campus, but to date has not yet compensated or provided resettlement support for his family. After many years of complaints without satisfactory resolution, in August 2023, he was received by the Chairman of the Provincial People's Committee in a meeting.regular public receptionThe Chairman of the Provincial People's Committee then issued a document assigning the People's Committee of Quynh Luu district to handle the matter thoroughly before December 31, 2023. But to date, the case has not been resolved.
Mr. Nguyen Xuan Dinh - Vice Chairman of Quynh Luu District People's Committee said that after Nghe An Newspaper published an article, on October 8, 2024, he chaired a meeting with specialized departments to give opinions on handling Mr. Tran Ba Dinh's petition.
Mr. Dinh also said that during the settlement process, the District People's Committee had issued a document requesting relevant departments and branches to guide legal procedures, organized work with the People's Committee of An Hoa commune and departments and units to direct and guide the People's Committee of An Hoa commune to carry out the verification and conclusion contents according to their authority to have the basis and basis to resolve the legitimate rights of citizens according to the law. The Department of Natural Resources and Environment also directly inspected the land plot site, checked the records, organized work to guide the People's Committee of An Hoa commune to implement and issued an official dispatch to urge.
However, the People's Committee of An Hoa commune has not seriously implemented the assigned contents. The District People's Committee has issued an official dispatch criticizing the Chairman and land officials of An Hoa commune. At the same time, it assigned the People's Committee of An Hoa commune to complete the instructions of the District People's Committee and report the results before October 20, 2024.
“In the face of the prolonged situation of citizens' petitions, the content of the settlement is the responsibility and authority of the People's Committee of An Hoa commune, but the locality's settlement is slow, causing frustration for citizens, and has been urged and reminded by the Provincial People's Committee. The case is complicated in nature, and the documents have signs of adding content that distorts the nature of the case,” Mr. Dinh concluded.
Also according to Mr. Dinh, in case the inspection results show that the legal documents have added content that intentionally distorts the nature, showing signs of a crime, it will be transferred to the District Police Investigation Agency for investigation, verification, and handling according to regulations. Based on the results of the review, verification, conclusion, and proposal of the An Hoa Commune People's Committee, Mr. Dinh assigned the Department of Natural Resources and Environment to preside over and coordinate with the District Inspectorate and relevant departments to study the documents and base on current legal regulations to advise the District People's Committee to handle according to its authority and direct the An Hoa Commune People's Committee to resolve Mr. Tran Ba Dinh's petition in accordance with legal regulations.
Discussing this incident, Lawyer Phan Thi Thuy - Nghe An Province Bar Association said that the fact that the People's Committee of Quynh Luu district did not implement the resettlement compensation plan for Mr. Dinh showed a lack of responsibility for the violations of the commune-level government as well as the interests of citizens protected by law; all instructions ofChairman of the Provincial People's Committee, The Chairman of the District People's Committee was not assigned responsibility for implementation by the departments and offices.
Also according to Ms. Thuy, the report dated October 15, 2024 of the People's Committee of An Hoa commune on the results of verifying the origin of land use of Mr. Tran Ba Dinh showed that his land plot was granted residential land by the People's Committee of An Hoa commune at plot number 1284, area 40m2and part of the land plot area number 1285, map sheet number 01, area 60m22. This land plot was measured, marked, mapped and recorded by the Chairman of the Commune People's Committee and the commune cadastral officer at that time. Mr. Dinh also paid 2 million VND and the cadastral officer collected and paid it to the State budget. "Thus, Mr. Tran Ba Dinh is eligible for land compensation when the State reclaims the land according to the provisions of the 2024 Land Law," said Lawyer Thuy.