Quickly resolve Mr. Khuong's complaint in Nghia Thuan commune (Thai Hoa)

(Baonghean) - Nghe An Newspaper received a complaint from Mr. Duong Minh Khuong - 81 years old in Hamlet 10, Nghia Thuan Commune, Thai Hoa Town, with the following content:

At the end of 2002, the province had a project to grow pineapples for export. The management board of Nghia Thuan Cooperative, bank representatives, and project representatives invited people to a meeting to disseminate the province's policy: whoever participates in growing pineapples for the project can borrow capital from the bank, the province will support interest rates, land reclamation costs of 400,000 VND/ha; borrow capital from the agricultural bank, transfer money to buy seedlings from the provincial seed company. At that time, Mr. Khuong mortgaged the land title to borrow 16,956,000 VND from the bank to transfer money to buy seedlings. As stated in the loan agreement dated March 13, 2006, he brought the principal to the bank to pay, the bank forced him to leave 56,000 VND, later it was said that he was delaying the capital, the bank did not return the land title to Mr. Khuong with the reason: The project management board had not paid the interest support money to the bank.

For the past 10 years, he has complained from the commune to the district, the Provincial Inspectorate, and the Provincial Court, but was told that it was not within his jurisdiction. He has sent a petition to the Standing Committee of the Provincial People's Council three times asking for intervention with only one request: the Provincial Pineapple Project Management Board transfers interest support money to him to pay off the bank and the bank returns the land title to him.



Mr. Khuong has been filing lawsuits for nearly 10 years now.

According to Mr. Duong Minh Khuong's petition, Nghe An Newspaper reporters directly investigated at Thai Hoa Town Agricultural Bank (formerly Nghia Dan District Agricultural Bank), Nghia Dan District Finance Department and Mr. Khuong's family to clarify the matter. According to credit contract No. 12/HDTD, dated March 10, 2003 between Nghia Dan District Agricultural Bank Branch and Mr. Duong Minh Khuong, the bank lent Mr. Khuong's household VND 16,956,000 to grow pineapples according to the province's project; loan interest rate 1.15%; loan term 36 months, final repayment date: March 10, 2006. On March 12, 2003, the bank disbursed according to contract No. 12/2D with the approved loan amount as in the contract.

On March 13, 2006, after the 36-month loan period ended, Mr. Duong Minh Khuong returned the principal to the bank. However, because he had not paid all the interest, the bank was forced to retain 56,000 VND of the principal as a basis for debt recovery. According to the credit contract, Mr. Khuong borrowed for 36 months, in which, according to Decision No. 251/QD.UB-NN dated January 18, 2002 of the People's Committee of Nghe An province, pineapple growing families were supported with interest for 18 months from the date of borrowing to buy seeds (according to the standards and technical procedures). For the next 18 months, Mr. Khuong personally had to pay the interest.

Ms. Dao Thi Bay - Deputy Director of Thai Hoa Town Agricultural Bank confirmed: By March 13, 2006, Mr. Khuong had paid the principal; for the amount of 18-month interest support, by January 11, 2005, the district budget had transferred to Nghia Dan District Agricultural Bank (at Cho Moi Transaction Office) 1,663,000 VND. Because the interest had not been fully paid, Thai Hoa Town Agricultural Bank could not close the loan application according to the prescribed business process. At the same time, the bank retained 56,000 VND of principal in Mr. Khuong's loan book to have a basis for monitoring and collecting interest later.

Thus, as of November 17, 2011, the total interest that Mr. Khuong must pay on the loan is 7,177,242 VND. Of which, the amount of interest that the budget must compensate for in 18 months is 3,555,390 VND. Currently, the budget has only compensated 1,663,000 VND in interest, still lacking 1,892,390 VND; the amount of interest that Mr. Khuong must pay for 18 months is 3,621,852 VND.

Talking to reporters, Ms. Ho Thi Phuc - accountant of the Finance Department of Nghia Dan district confirmed in a handwritten document: According to the summary report dated September 27, 2004 of the Agricultural Bank of Nghia Dan district, the interest rate on the loan for growing cayen pineapple of households as of September 30, 2004, including Mr. Duong Minh Khuong, the interest rate as of September 30, 2004 (full 18 months), Mr. Khuong still owed 598,000 VND. For the interest rate on the loan for growing pineapple during the 18 months, the district budget has fully paid to the Agricultural Bank of Nghia Dan district. (However, Ms. Phuc does not have enough documents and vouchers to prove that the district budget has transferred all the interest support money for 18 months to the bank for Mr. Khuong.)

Through investigation, it is known that on this issue, on November 17, 2011, Thai Hoa Town Agricultural Bank organized processing and verification. The bank's verification team and Mr. Khuong himself agreed to sign the minutes with the following content: as of November 17, 2011, Mr. Khuong's actual outstanding debt was 56,000 VND. The interest paid in the Agricultural Bank's book as of November 17, 2011 was 1,663,000 VND; in the customer's book: the loan amount on March 12, 2003: 16,956,000 VND. The principal repayment amount on March 13, 2006: 16,900,000 VND. The total interest payable was 7,177,242 VND. The interest transferred by the project was 1,663,000 VND. Interest payable: VND 5,514,242. Total principal and interest: VND 5,570,242.

Thus, based on the documents and verification of the parties, Mr. Khuong's family currently has a principal balance of 56,000 VND; interest not yet paid to the bank is 5,514,000 VND, (of which the remaining interest subsidy from the budget is 1,892,390 VND, the family must pay 3,621,852 VND). To thoroughly resolve this issue, in our opinion: To ensure the legality and principles of financial documents, Nghia Dan district must have documents and vouchers proving (according to the provisions of the law on payment transactions) that the district budget has paid enough interest support for 18 months to Mr. Khuong's family at the Agricultural Bank of Nghia Dan district before. The responsibility of the Bank is to coordinate with the district to clarify this issue and clearly define the responsibilities of the parties (including the responsibilities of individual officials) to resolve it completely. Mr. Khuong's family must pay the full amount of interest in addition to the budget support (18 months) of 3,621,852 VND.

This is not a big case and in fact not too complicated, but because from the beginning the authorities did not thoroughly clarify the responsibilities of the parties involved, nor did they explain clearly to the citizens, leading to prolonged complaints and the Thai Hoa Town Agricultural Bank holding the land use right certificates of the people for nearly 10 years. The key point of the current problem is that the Thai Hoa Town Agricultural Bank needs to urgently coordinate with Nghia Dan district to complete the procedures to return the land title to Mr. Duong Minh Khuong's household in accordance with regulations after Mr. Khuong has fully paid off the principal and interest that he is responsible for paying the bank.

Nguyen Van