Quickly resolve land encroachment in Bong Khe commune

(Baonghean) - Recently, Nghe An Newspaper received a complaint from Mr. Tran Cong Hoi (Tan Tra village, Bong Khe commune, Con Cuong district) about the fact that households adjacent to his family have brazenly encroached and built embankments on the land his family contracted with Con Cuong Tea Processing and Service Enterprise. The local authorities knew about the incident, knew about it but still turned a blind eye...

From the reflection of Mr. Tran Cong Hoi, a reporter on the fact-finding mission, it is known that: In 1989, Bai Phu Tea Enterprise allocated land for building houses on farmland (no specific area - PV), in Tan Tra village, Bong Khe commune to families, including: Mr. Tran Cong Hoi, Mr. Bui Nguyen Minh, Mrs. Bui Thi Lam, Mrs. Ho Thi Tuyet. By 1992, the Farm assigned Mr. Tran Cong Hoi's family a tea garden adjacent to the residential land of 4 houses. In 2003, based on the map made in 1997 (not yet approved), Bai Phu Tea Enterprise handed over the residential land of 4 households to the People's Committee of Bong Khe commune for management. By 2009, the area of ​​the tea garden assigned to Mr. Hoi's family for production was recovered to build Nghe An Mountainous Ethnic Vocational College, the remaining area of ​​302.5m2 was continued to be assigned to Mr. Hoi's family for production. At the same time, the People's Committee of Bong Khe commune had a policy of measuring residential land for households to issue Land Use Rights Certificates. At this time, Mr. Minh, Mrs. Lam, and Mrs. Tuyet's households thought that their family's residential land was less than the data recorded on the map made in 1997 as well as the handover minutes, so they questioned it.

Mr. Tran Cong Hoi next to the land encroached by builders.

In the minutes of the meeting between the parties, including representatives of Bong Khe Commune People's Committee, Bai Phu Tea Enterprise, Tan Tra village officials, and 4 households on June 17, 2010, Mr. Nguyen Viet Thanh - Director of Bai Phu Tea Enterprise (at that time), explained and affirmed that the farm's land had existed since 1961, and the complaint of 3 households (Mr. Minh, Mrs. Lam, Mrs. Tuyet) about the boundary was unreasonable, because the households had lived there stably up to now without any disputes. The origin of the land of the households was granted by the farm, but the area was not specifically recorded.

By 2012, based on the remaining area that Nghe An Mountainous Ethnic Vocational College had recovered (302.5m2), Con Cuong Tea Processing and Service Enterprise (which had now been split up) continued to contract Mr. Hoi's family for production. However, on September 24, 2014, the three families of Mr. Minh, Mrs. Lam, and Mrs. Tuyet dismantled the previously fixed fence to encroach on this land.

Mr. Tran Cong Hoi said: The area of ​​302.5 square meters belongs to my family and continues to be contracted with Con Cuong Tea Processing and Service Enterprise, so the households' claim that their family's land is lacking and then encroaching on this area is unfounded. Moreover, the dispute causing complications in the area should have been prevented by the local government. But at that time, the Chairman and land officials of Bong Khe commune were also present but did not take any action. Ms. Le Thi Xuan - an officer of the Planning Department, Con Cuong Tea Processing and Service Enterprise, also said: The surplus land after Nghe An Mountainous Ethnic Vocational College did not take all of it is still under the management of the enterprise and in fact, Mr. Hoi's family is currently under contract, so the households' arbitrarily encroaching is wrong.

Regarding this matter, Mr. Ha Duc Dat - Chairman of the People's Committee of Bong Khe Commune, admitted: The reason why households moved their fences to encroach on farmland was because the commune only relied on an unapproved map and the handover minutes between Bai Phu Tea Enterprise and the People's Committee of Bong Khe Commune, not on land regulations. At the same time, he admitted that when households blatantly encroached and built fences, even though they were present there, they did not prevent or stop the construction, which was wrong.

Talking to us, Mr. Luong Dinh Viet - Head of the Department of Natural Resources and Environment of Con Cuong district, said: Previously, due to the irregular measurement of maps, there were discrepancies compared to reality, so we had to accept the current usage status and there were no regulations on compensation for the missing area, even though the land had a red book. In this case, the surplus land after being recovered to build the Nghe An Mountainous Ethnic Vocational College still belonged to the farm, so it was wrong for households to encroach and build fences on farm land.

Thus, it can be seen that the households' claim that their family's land is lacking and then arbitrarily encroach on and build fences on the land of Con Cuong Tea Processing and Service Enterprise (currently contracted to Mr. Tran Cong Hoi's household) is unfounded. Because in fact, the land of the households has been stable since 1989, when the land was allocated, there was no specific area. Therefore, there is no basis to claim that there is a shortage. For this to happen, in addition to the responsibility of the Farm, specifically Con Cuong Tea Processing and Service Enterprise, the unit responsible for managing the above land area, is the responsibility of the local government of Bong Khe commune.

In addition to not basing on land laws to propagate to people clearly, but also letting people encroach and build without stopping. In this matter, the People's Committee of Con Cuong district needs to direct the handling of individuals and groups that cause violations, and at the same time coordinate with Con Cuong Tea Service Processing Enterprise to measure and mark the boundaries between land plots on the field, resolve the matter thoroughly, and not let it drag on and cause complications in the area. As for households, they need to clearly realize that their actions are violations, so in addition to voluntarily removing the built fences, they need to coordinate with local authorities to unify the boundaries, and promptly complete the procedures to be granted a Certificate of Land Use Rights to avoid future disputes.

Article and photos:Quang An