Abnormalities in land management in a commune recently merged into Vinh City
From December 1, 2024, Nghi Phong commune (Nghi Loc) will be merged into Vinh city. However, the story related to land in this locality is still unfinished, not completely resolved before officially merging into the city.
Many irregularities
We (PV) received feedback from some residents of Hamlet 8, Nghi Phong Commune (formerly Nghi Loc District, now Vinh City), about the local government's many irregularities in adjusting land records, affecting the rights of the people.
Specifically, according to the reflection of Mr. Nguyen Quoc Tuan (residing in Nghi Phu commune, Vinh city): In 2021, Mr. Tuan's family bought land plot number 973, map sheet number 20, with an area of 500m22, in Hamlet 8, Nghi Phong Commune, of Mr. Ngo Xuan Que's family (Vinh City). Previously, in 2016, Mr. Que's family received a transfer from Mr. Pham Van Khan's family (the first owner of the land, residing in Nghi Phong Commune). At the time of buying the land, Mr. Tuan's family was handed over the land plot and the original cover had 2 roads (West and South of the land plot). To be sure, when buying the land, Mr. Tuan also checked the land registry extract, there were still 2 roads.
However, recently, when checking the extracted records to separate the plot, Mr. Tuan was surprised to see that in the current extracted records, the western part of the road had been incorporated into the land plot 1107 of the household in front (adjacent to Vinh - Cua Lo Avenue). When asking the local authorities, Mr. Tuan learned that the land file adjustment and the incorporation of the road into the above land plot had been carried out by the previous owner (Mr. Pham Van Khan) since 2018.
It is worth mentioning, according to Mr. Tuan: When he noticed the irregularities in the land he had purchased, he also worked with the previous seller, Mr. Que. But Mr. Que affirmed that he only transferred the entire plot, the entire title, and the land use rights certificate still clearly showed that there were 2 roads. Mr. Que did not know when the previous landowner, Mr. Pham Van Khan, made the adjustment file to merge the road into land plot No. 1107. Mr. Que did not even sign the boundary record as prescribed. However, it is unclear why the land adjustment procedures were still approved.
Not to mention, in land plot 1107 of Mr. Pham Van Khan (now transferred to someone else), there is an area of 11m2was compensated and cleared when constructing Vinh - Cua Lo boulevard. However, after that, 11m2This continues to be revised and incorporated into the land use rights certificate.
What makes people doubt the transparency is that the time Mr. Pham Van Khan carried out the procedures to correct the land records was in 2018, at that time the Chairman of Nghi Phong Commune People's Committee was Mr. Nguyen Dinh Hai and the land officer was Mr. Truong Van Hanh. However, in October 2021, Mr. Nguyen Dinh Hai was one of the subjects prosecuted by the Nghi Loc District Police Investigation Agency for being involved in the case of "Violating regulations on compensation and resettlement support when the State recovers land" and "Using fake documents of agencies and organizations".
The violations were pointed out.
Faced with the people's anger, the People's Committee of Nghi Loc district was forced to investigate. Accordingly, Mr. Pham Van Khan's family has a garden and residential land plot number 173, map sheet number 20 in hamlet 8, Nghi Phong commune with an area of 835m2.2, was granted a land use right certificate in 1997. In 2014, Mr. Khan's family was granted a new land use right certificate by Nghi Loc District People's Committee for the above land plot, the area was increased to 3,551m22(increase 2,716m2), including 1,500m2residential land and 2,051m2garden soil
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In 2016, Mr. Khan divided plot 173 into 2 plots. Of which, plot 973 has an area of 500m2.2sold to Mr. Ngo Xuan Que (later Mr. Que resold it to Mr. Tuan's family as mentioned above). The boundaries of the land plot that Mr. Khan transferred to Mr. Que showed that the West and South sides were adjacent to the road. Later, when Mr. Que transferred it to Mr. Tuan's family, it was also shown similarly.
The remaining plot 972 has an area of 3,051m22named after Mr. Khan. From 2016 to 2019, this plot of land was divided and merged with many other plots by Mr. Khan many times and sold to many people. Including in 2018, Mr. Khan made a correction file to merge the road located on the west side of the plot of land sold to Mr. Que, and also merged 11m2was compensated for land acquisition when building Vinh - Cua Lo avenue on his land plot.
On October 11, 2024, Nghi Loc District People's Committee issued Conclusion No. 215/KL-UBND, concluding the inspection of the adjustment and issuance of the Land Use Rights Certificate to Mr. Pham Van Khan, residing in Hamlet 8, Nghi Phong Commune. Accordingly, Nghi Loc District People's Committee concluded that the approval of the adjustment dossier in 2018 of Mr. Khan's family had not been confirmed by the adjacent land user, Mr. Ngo Xuan Que's household; as well as the issuance of 11m2Compensation for land acquisition and clearance when implementing the Vinh - Cua Lo boulevard construction project, and the land use rights certificate after adjustment is the responsibility of Nghi Phong Commune People's Committee, the Branch of the Land Registration Office and the Department of Natural Resources and Environment.
Regarding the road located to the west of plot 973 of land that Mr. Tuan's family bought, Nghi Loc District People's Committee determined that these were households arbitrarily leveling and opening roads on agricultural land that was recovered when implementing the first phase of site clearance of the Vinh - Cua Lo boulevard construction project.
In Conclusion No. 215, Nghi Loc District People's Committee also assigned responsibility to Nghi Phong Commune People's Committee; Branch of Land Registration Office; Department of Natural Resources and Environment of Nghi Loc District to organize a review, clarify responsibilities and take strict measures against individuals who violated the regulations in preparing and issuing new land use right certificates for Mr. Pham Van Khan.
On November 8, 2024, Nghi Loc District People's Committee continued to issue Document 3174/UBND-TTR, requesting relevant units to correct and issue land use right certificates to Mr. Pham Van Khan, to urgently implement Conclusion 215 issued by Nghi Loc District People's Committee. In particular, Nghi Loc District People's Committee assigned to report the results to the District People's Committee through the District Inspectorate no later than November 30, 2024.
Not to mention, on November 26, 2024, Nghi Loc District People's Committee continued to issue Document No. 3337/UBND-NV assigning the Department of Natural Resources and Environment and Nghi Phong Commune People's Committee to urgently conduct a review at the unit to analyze and clarify shortcomings and violations and propose handling methods according to regulations. At the same time, the results must be reported to the District People's Committee through the Department of Internal Affairs before November 29, 2024.
But up to this point, the review has not been carried out.
Working with Mr. Nguyen Duc Tho - Vice Chairman of Nghi Loc District People's Committee on the consequences that people are facing, stemming from the land adjustment dossier that does not meet the conditions but is still approved; Mr. Tho said that because Mr. Khan has transferred to many people, according to the Land Law, the issued land use right certificates will not be revoked, but people will be instructed to file a lawsuit in court. And the handling of damages caused by this incorrect adjustment and reissuance will be carried out according to the judgment and decision of the Court.
It can be seen that, although Nghi Phong commune has been merged into Vinh city, according to Resolution No. 1243/NQ-UBTVQH15 of the National Assembly Standing Committee on the arrangement of district and commune-level administrative units of Nghe An province in the period of 2023 - 2025. However, this incident will certainly be the responsibility of Nghi Loc District People's Committee to continue to resolve. Otherwise, it will lead to prolonged disputes and complaints, affecting the security and order situation in the area.