A task force has been established to investigate the case of a man who lost his home and land because he was far from his hometown.
The People's Committee of Quynh Luu district has established a working group to investigate the responsibilities of the Chairman of the People's Committee of An Hoa commune; at the same time, to review and re-examine the documents related to Mr. Tran Ba Dinh's petition.
Form an inspection team.
On October 28th, a leader of the People's Committee of Quynh Luu district stated that the locality had decided to establish a working group to inspect and review the petition of Mr.Tran Ba Dinh(An Hoa commune). This team has 7 members, including leaders and specialists from the professional departments of the District People's Committee.
The task of the working group is to examine and review Mr. Tran Ba Dinh's petition regarding the An Hoa Commune People's Committee's seizure of his family's land to expand the An Hoa Kindergarten campus.
At the same time, examine the responsibilities ofChairman of the People's Committee of An Hoa CommuneIn implementing the District People's Committee's Official Letter dated April 9, 2024, regarding the urging of the resolution of Mr. Tran Ba Dinh's petition, the working group will review and examine relevant documents and the verification results of the An Hoa Commune People's Committee as reported in the October 15, 2024, and October 28, 2024 reports on this matter. The working group has 30 days to report the results of the inspection and advise the District People's Committee on a plan to address Mr. Tran Ba Dinh's petition and related issues.
Also related to this matter, the People's Committee of Quynh Luu District has announced the results of handling the petition submitted by Mr. Tran Ba Dinh to the National Assembly Delegation of Nghe An Province and the People's Committee of Nghe An Province.
According to the People's Committee of Quynh Luu district, in implementing the directives of...Chairman of the Provincial People's CommitteeIn the Notice of Conclusion of the Citizen Reception Session on August 16, 2023, regarding the case of Mr. Tran Ba Dinh, the local authorities have focused on directing specialized departments to research and advise on a plan for land acquisition, compensation, and resettlement for Mr. Dinh in accordance with the law. To have a basis for land acquisition and resettlement for Mr. Dinh, it is necessary to establish and approve an investment project to expand the kindergarten or clear the traffic corridor of Provincial Road 537B, submit it to the Provincial People's Council for approval of a Resolution on land acquisition, and submit it to the Provincial People's Committee for approval of the annual land use plan targets before implementation can begin.
On September 13, 2023, the People's Committee of Quynh Luu District submitted a report and requested the Provincial People's Committee and the Department of Natural Resources and Environment to agree to allow the preparation of land clearance documents and to add the land plot to the traffic safety corridor planning in the future; On January 23, 2024, a document was sent requesting the Department of Transport to add land plot No. 73, map sheet No. 16 (i.e., land plot No. 1285, map sheet 01, map 299) to the traffic safety corridor planning; On March 15, 2024, a submission was made requesting the Provincial People's Committee and the Department of Natural Resources and Environment to allow the addition of the Provincial People's Council Resolution approving the policy of land acquisition for Mr. Dinh's residential land plot and the planned location for resettlement land allocation to Mr. Dinh upon acquisition.
The Department of Natural Resources and Environment then sent a letter requesting the People's Committee of Quynh Luu district to seek guidance from the Department of Transport on how to handle the addition of the aforementioned land plot to the traffic safety corridor planning, to be included in the land use plan until 2030 and the annual land use plan at the district level, to be submitted to the Provincial People's Committee for approval as a basis for land acquisition according to the provisions of the Land Law; On February 2, 2024, the Department of Transport sent a letter responding that the addition of Mr. Dinh's land plot to the traffic safety corridor land planning was not within the functions and duties of the department…
"Because the land plot that Mr. Dinh is requesting is located within the traffic safety corridor of Provincial Road 537B, it does not meet the requirements for establishing an investment project to expand the kindergarten. Therefore, there is no legal basis to reclaim the land and provide compensation and resettlement support according to current regulations," the People's Committee of Quynh Luu District stated.
The land will be returned if its origin is legitimate.
According to the report from the Chairman of the People's Committee of Quynh Luu District, during the review of land records and origins, the local authorities found that plot 1285, map sheet number 1 (map 299), recorded in the Land Use Right Certificate issued on June 1, 1996, to Mr. Tran Ba Dinh, was added by the former land cadastral officer of An Hoa commune after the District People's Committee issued the Land Use Right Certificate. This plot is not included in map 299 or in the land register kept at the commune, and has not been recognized by the District People's Committee as belonging to Mr. Tran Ba Dinh; its legal basis is unclear. In the land register and map 299, Mr. Dinh's land is listed as plot 1284.
Therefore, the People's Committee of Quynh Luu District directed the People's Committee of An Hoa Commune to conduct an inspection and verification to clearly determine the origin and history of land use for the plot of land that Mr. Tran Ba Dinh requested; to clearly identify whether the plot of land allocated to Mr. Dinh was plot 1284 or plot 1285; and to determine the allocated land area of 40m².2or 100m2How were the financial obligations fulfilled? Clearly identify whether the kiosk dismantled by the Commune People's Committee in 2017 belonged to Mr. Vo Ngoc Hung or Mr. Tran Ba Dinh...
After reviewing the land use history, if Mr. Tran Ba Dinh was allocated residential land by the An Hoa Commune People's Committee but has not yet been issued a Certificate of Land Use Rights, he should be guided to register his land and prepare the necessary documents for obtaining a Certificate of Land Use Rights in accordance with the law.
By October 15, 2024, the People's Committee of An Hoa commune had submitted a report on the results of verifying the origin and land use history of Mr. Tran Ba Dinh, and on October 18, 2024, a supplementary report was submitted stating that in 1996, Mr. Dinh was allocated land by the People's Committee of An Hoa commune with a land use fee of 2 million VND.
The land allocated to Mr. Dinh was handed over on-site by Mr. Tran Ba Tan (then a land management officer of An Hoa commune), representing the People's Committee of An Hoa commune. No land handover record was made at the time of the handover; the allocated land area was 100 m².2; land use purpose: residential. According to map 299, the land allocated to Mr. Dinh is located at plot number 1284, map sheet 01, with an area of 40 m².2and a portion of land plot number 1285, map sheet 01, with an area of 60 m².2Mr. Tran Ba Dinh was allocated 100 square meters of land.2Located on two plots of land, numbers 1284 and 1285, which the commune's land registry adjusted to 1285.
After being allocated the land, Mr. Tran Ba Dinh proceeded to build a barbershop on a portion of plot number 1285, while plot number 1284 remained unused. When Mr. Dinh went away for work, he entrusted the management of the land and the kiosk to Mr. Vo Ngoc Hung, who rented it out for barbershops, pig farming, cattle keeping, and welding until 2017. At that time, Mr. Vo Ngoc Hung unilaterally negotiated with the An Hoa Commune People's Committee to dismantle the kiosk, hand over the land to the Commune People's Committee, and transferred the management and use of the area on plot number 1284, which already had a kiosk, to renovate, use, and rent out for annual income.
According to the report, in 1996, Mr. Tran Ba Dinh's land use right certificate was issued by the People's Committee of Quynh Luu District for agricultural land. After Mr. Dinh was granted residential land by the People's Committee of the commune, Mr. Tran Ba Tan arbitrarily added a residential plot to Mr. Tran Ba Dinh's agricultural land use right certificate, specifically plot number 1285, map sheet 01 (map 299), with an area of 100 m².2.The note should state, "Residential land added to the land use certificate after issuance." Mr. Dinh's land use certificate was amended by Mr. Tran Ba Tan after he was granted residential land in 1996. Thus, Mr. Dinh was granted residential land with an area of 100 m² by the An Hoa Commune People's Committee.2For plot number 1284 and a portion of plot number 1285, map sheet 01, map 299, the People's Committee of Quynh Luu district has not yet issued the initial land use right certificate.
According to the People's Committee of Quynh Luu District, after reviewing the documents and verification report from the People's Committee of An Hoa Commune regarding the origin and use of the land that Mr. Tran Ba Dinh requested, it was found that in the land register stored at An Hoa Commune, Mr. Dinh was registered at plot number 1284, map sheet number 1 (map 299), with an area of 40m².2residential land. The People's Committee of An Hoa commune determined that 100m² was allocated in 1996.2 Residential land for Mr. Tran Ba Dinh (including 40m²)2at plot 1284 and 60m2Regarding a portion of plot 1285 (map sheet 1, map 299), the data does not match the land registry records, there are no land allocation documents, and the legal basis is unclear. Therefore, the People's Committee of Quynh Luu District has established a working group to review the verification and resolution process of the People's Committee of An Hoa Commune, and to clearly determine the location and area of land allocated to Mr. Dinh.
According to the leaders of the Quynh Luu District People's Committee, after reviewing the matter, the District People's Committee will direct the resolution of Mr. Tran Ba Dinh's petition. Regarding the land, if it is confirmed that Mr. Dinh was allocated 100 square meters of residential land by the An Hoa Commune People's Committee, the District People's Committee will address the issue.2Regarding the payment of fees, the current situation involves a portion of the kiosk being used and a portion of vacant land with planters located outside the kindergarten premises, as reported by the commune. The An Hoa Commune People's Committee will then mark the boundaries and return the land area to Mr. Dinh for his use (unless the An Hoa Commune People's Committee and Mr. Tran Ba Dinh reach a different agreement).
Regarding Mr. Dinh's property that was demolished in 2017, the An Hoa Commune People's Committee is tasked with organizing a meeting with Mr. Dinh to reach an agreement on compensation. If an agreement cannot be reached, Mr. Dinh should be advised to file a lawsuit in court for resolution according to the law.
"Due to the complex nature of the case involving unauthorized land allocation, improper land and property clearance agreements, and incomplete related documents, the resolution must adhere to current legal regulations, therefore the verification and processing process has not met the assigned deadline. The People's Committee of Quynh Luu District will promptly verify, conclude, and direct the People's Committee of An Hoa Commune to resolve Mr. Tran Ba Dinh's petition in accordance with the law," stated the report signed by Mr. Hoang Van Bo, Chairman of the People's Committee of Quynh Luu District.
Previously,Nghe An NewspaperThere have been many reports that in 1996, Mr. Tran Ba Dinh purchased a 100m² plot of land.2 The land in question belongs to the People's Committee of An Hoa Commune, as recorded in the Land Use Right Certificate issued by the District People's Committee. In 2017, while he was absent from the locality, the People's Committee of An Hoa Commune arbitrarily took his land to expand the kindergarten's premises, but to date, no compensation or resettlement assistance has been provided to his family.