The Department of Natural Resources and Environment proposed a solution to handle the case of teachers borrowing school land and refusing to return it.
(Baonghean.vn) - The Department of Natural Resources and Environment confirmed that the issuance of the Certificate of Land Use Rights to the Provincial Boarding High School for Ethnic Minorities was correct. The Department also proposed a solution for one of the five cases of borrowing school land for residence.
Issuing red book to school is in accordance with regulations.
On April 19, a leader of the Department of Natural Resources and Environment said that the unit had just sent a report to the Provincial People's Committee on reviewing the dossier for granting Land Use Rights Certificates (red book) at the Provincial Boarding High School for Ethnic Minorities. This move was made afterThe provincial inspectorate has a document stating that,In 2019, the Department of Natural Resources and Environment proposed that the Provincial People's Committee recognize the land use rights, house ownership rights and other assets attached to the land for the Boarding High School for Ethnic Minorities without reporting and proposing that the Provincial People's Committee decide to handle the area that 5 teachers' families are using as housing, which is not in accordance with regulations.
Responding to this issue, the Department of Natural Resources and Environment said that the dossier for granting red covers to Nghe An Provincial Boarding High School for Ethnic Minorities in 2019 was carried out in accordance with the provisions of Article 25 of Decree No. 43/2014/ND-CP dated May 15, 2014 of the Government and the Regulations issued together with Decision No. 81/2014/QD-UBND dated October 27, 2014 (adjusted and supplemented in Decision No. 32/2019/QD-UBND dated August 19, 2019) of the Provincial People's Committee.
The components of the application for review and issuance of red book by Nghe An Provincial Boarding High School for Ethnic Minorities are complete according to the provisions of Article 8, Circular 24/2014/TT-BTNMT dated May 19, 2014 of the Ministry of Natural Resources and Environment and Clause 1, Article 5, Decision No. 81/2014/QD-UBND dated October 27, 2014 of Nghe An Provincial People's Committee.
Regarding the implementation procedure, the Department of Natural Resources and Environment said that, according to regulations, after receiving the dossier of Nghe An Province Boarding Ethnic High School, the Department of Natural Resources and Environment assigned the Provincial Land Registration Office to coordinate with the People's Committee of Ha Huy Tap Ward, the People's Committee of Vinh City and Nghe An Province Boarding Ethnic High School to organize an inspection of the current status and make a record of the inspection. On that basis, the Department of Natural Resources and Environment has appraised and submitted to the Provincial People's Committee to recognize the land use rights and issue a red book to Nghe An Province Boarding Ethnic High School with an area of 11,234 m2.
According to the conclusion of the Provincial Inspectorate, at the time of issuing the red book, the Provincial Boarding Ethnic High School and competent authorities had not yet declared, reviewed and advised competent authorities to handle the land area with dormitories that the Provincial Boarding Ethnic High School lent to households to live in. However, the Department of Natural Resources and Environment stated that, according to the inspection results and reports of the Vinh City People's Committee, the entire land area with 5 dormitories of the Provincial Boarding Ethnic High School is currently part of the school's land area that has been permitted to be used by the Provincial People's Committee since 1984. Cadastral maps measured over the periods all identified the land user as the Provincial Boarding Ethnic High School. Therefore, the People's Committee of Ha Huy Tap Ward and the People's Committee of Vinh City determined that the land user for the land area with 5 dormitories is the land of the Nghe An Provincial Boarding Ethnic High School.
“Therefore, the Department of Natural Resources and Environment advised the Provincial People's Committee to recognize the land use rights and issue red books to the Nghe An Provincial Boarding High School for Ethnic Minorities, including the land area with 5 dormitories of the school, with a total area of 11,385.5 m2"That is correct," affirmed the Department of Natural Resources and Environment.
Proposed treatment options
The Department of Natural Resources and Environment also said that the declaration and review of the Provincial Boarding Ethnic High School and the inspection of the current status of the Provincial Land Registration Office, Vinh City People's Committee, and Ha Huy Tap Ward People's Committee had shortcomings in the declaration and handling of the 5 collective houses, which were not in accordance with the current status of land use according to the provisions of Decree No. 43. The primary responsibility belongs to the Provincial Boarding Ethnic High School for not reporting full information during the declaration of the application for red book issuance, and the Provincial Land Registration Office for not fully reporting the current status of the land area of the collective house that the 5 households are managing and using.
“However, after receiving the petition of Mr. Nguyen Van Ky, the People's Committee of Vinh City and the People's Committee of Ha Huy Tap Ward have inspected and reviewed the contents of the origin and land use process of 5 households and individuals. Accordingly, the People's Committee of Vinh City and the People's Committee of Ha Huy Tap Ward concluded and affirmed that the entire land area with 5 collective houses that the households are managing and using is part of the land area that the Provincial People's Committee has allowed the school to use since 1984. Therefore, the omission in the process of declaring and reviewing the recognition of land use rights in 2019 does not change the results of granting red books to the Nghe An Provincial Boarding High School for Ethnic Minorities at present. The entire area is eligible for granting red books to the Nghe An Provincial Boarding High School for Ethnic Minorities; 5 households using land in the collective area (including Mr. Nguyen Van Ky) do not have land use rights for the land location they are using,” the document of the Department of Natural Resources and Environment stated.
On the other hand, according to the provisions of Clause 2, Article 106, Land Law 2013, the omission in declaration and inspection of the current status does not lead to incorrect land use area and land users, which is not a case where the State revokes the issued Certificate. Therefore, the Department of Natural Resources and Environment recommends that the Provincial People's Committee retain the Certificate of land use rights issued to the Nghe An Provincial Boarding High School for Ethnic Minorities.
Regarding the handling plan for the land area that the Provincial Boarding High School for Ethnic Minorities lent to households to build houses, the Department of Natural Resources and Environment stated that this content, in Notice No. 125/TB-UBND dated February 22, 2024 of the Provincial People's Committee, the conclusion of the Chairman of the Provincial People's Committee Nguyen Duc Trung at the regular citizen reception session in February 2024 concluded as follows:
“1. The contents of citizens' complaints and petitions have been assigned by the Provincial People's Committee to the Department of Natural Resources and Environment, relevant sectors and Vinh City People's Committee to inspect and review and have concluded and responded that there is no basis for resolution and that they do not meet the conditions for compensation, support and resettlement according to the provisions of law...
2. Regarding the situation of Mr. Nguyen Van Ky's family, the Vinh City People's Committee is assigned to base on the provisions of Decision No. 78/2014/QD-UBND dated October 27, 2014 of the Provincial People's Committee to consider and propose to allocate residential land without auctioning land use rights if the conditions are met according to regulations.
Following the direction of the Chairman of the Provincial People's Committee, the Vinh City People's Committee then reviewed. On March 22, the Vinh City People's Committee issued a written response stating that Mr. Nguyen Van Ky was eligible to be allocated residential land without auction according to Decision No. 78/2014/QD-UBND dated October 27, 2014 of the Provincial People's Committee. (People who participated in the resistance war to liberate the nation, protect the Fatherland and perform international duties).
However, Decision No. 78 has now expired (in Decision No. 05/QD dated March 18, 2024). Therefore, the Department of Natural Resources and Environment proposes that the Provincial People's Committee allow the Vinh City People's Committee to continue applying Decision No. 78/2014/QD-UBND dated October 27, 2014 to resolve citizens' rights (because this content has been commented on by the Provincial People's Committee in Notice 125/TB-UBND dated February 22, 2024 - before the effective date of Decision No. 05/QD dated March 18, 2024, which is April 1, 2024).
