Nghe An Province Inspectorate concludes case of many teachers who were lent land by the school but refused to return it

Many recommendations are baseless.

On April 17, a source said that the Nghe An Provincial Inspectorate had a report from the Inter-sectoral Working Group on the results of the inspection and review of the origin and land use process of households in the residential area and the issuance of land use right certificates to Nghe An Ethnic Boarding High School. After receiving the report, the Provincial People's Committee directed the Department of Natural Resources and Environment to implement the results of the inspection, review and recommendations of the Provincial Inspectorate in accordance with the law. The results will be reported to the Chairman of the Provincial People's Committee before May 10, 2024.

This is the case thatNghe An Newspaper has had many articles reflectingin the past

According to the report of the Provincial Inspectorate, the inspection results showed that the entire land area used by Mr. Nguyen Van Ky was lent by the Boarding High School for Ethnic Minorities to build a house since 2006, located entirely within the school's land plot. Mr. Nguyen Van Ky's claim that his family was given an additional land area by Ms. Vuong to expand the campus is unfounded, because the total area and shape of land plot No. 110, map sheet No. 20 (adjacent to the south of Mr. Ky's land plot) from the time of measurement in 1999 to present has not changed through the transfers and moreover, the south of Mr. Ky's land plot has been built on the school's drainage system.

“Mr. Nguyen Van Ky's claim that the school assigned him a land area of ​​58.5 square meters is unfounded, because Mr. Nguyen Van Ky could not provide documents showing the school assigned the land, and did not have a diagram of the land plot's location and the land area lent in 2006,” the report of the Provincial Inspectorate stated.

In addition, according to the Provincial Inspectorate, Mr. Nguyen Van Ky's claim that his family had encroached on a part of the State-managed vacant land is unfounded, because the 1993 and 1999 survey maps show that the land plot of the Boarding Ethnic High School has a southern part adjacent to plot number 110, map sheet number 20, and the current revised map is adjacent to plot number 258, map sheet number 20 (the southern part is not adjacent to the ward-managed land).

Similarly, the land area used by Ms. Sam Thi Son was lent by the Ethnic Boarding High School to build a new house in 2006. The new construction costs were paid by the family, not to expand or repair the old dormitory.

The land area used by Mr. Thai Khac Hoa, Mr. Lang Viet Chinh and Mr. Tran Van Son originated from the Ethnic Boarding High School, which lent the school's dormitories (there is a contract for lending the dormitories for teachers and staff dated June 25, 2006, confirmed by the principal).

At the time of the inspection by the Working Group, the households of Mr. Thai Khac Hoa, Mr. Lang Viet Chinh and Mr. Tran Van Son had handed over the site for the school to carry out construction according to the plan. The households of Mr. Nguyen Van Ky and Ms. Sam Thi Son had not yet handed over the site.

Need to have a solution soon

Regarding the issuance of land use right certificates to the Boarding High School for Ethnic Minorities in 2019, the Provincial Inspectorate stated that, based on Clause 1, Article 25; Point c, Clause 2, Article 25 of Decree No. 43/2014/ND-CP dated May 15, 2014 of the Government detailing a number of articles of the 2013 Land Law, the issuance of land use right certificates, house ownership rights and other assets attached to land to domestic organizations using land is regulated as follows:

“I. Domestic organizations using land without being granted a certificate must self-review, declare the current land use status and report to the People's Committee of the province where the land is located.

Based on the report on the current land use status of the organization, the People's Committee of the province where the land is located shall inspect the actual land use and decide on handling according to the following provisions:

c) Land areas used for improper purposes, land areas encroached or occupied due to lack of responsibility; land areas leased or borrowed for use by other organizations, households, or individuals; land areas in illegal joint ventures or associations; land areas that have not been used for more than 12 months or whose use progress is slow for more than 24 months, the People's Committee of the province shall decide to handle them according to the provisions of law.

According to the Provincial Inspectorate, through checking the dossier for granting land use right certificates to the Boarding High School for Ethnic Minorities, it was found that: When preparing the dossier for granting land use right certificates, the Boarding High School for Ethnic Minorities did not report to the competent authority the land area that 5 households are using as housing; when checking the current land use status, the Nghe An Land Use Right Registration Office did not reflect the land area that the school is allowing 5 households to use as housing, therefore, at the time of 2019, the Department of Natural Resources and Environment requested the Provincial People's Committee to recognize land use rights, house ownership rights and other assets attached to land for the Boarding High School for Ethnic Minorities without reporting and requesting the Provincial People's Committee to decide to handle the above area as not ensuring compliance with the provisions of Clause 1, Article 25; Point c, Clause 2, Article 25, Decree No. 43/2014/ND-CP dated May 15, 2014 of the Government.

Therefore, the Provincial Inspectorate recommends that the Chairman of the Provincial People's Committee assign the Department of Natural Resources and Environment to review the process and procedures for granting land use right certificates to the Boarding High School for Ethnic Minorities in 2019; report the results and advise the Provincial People's Committee to handle them in accordance with legal regulations; Research and advise the Provincial People's Committee on a plan to handle the land area that the Boarding High School for Ethnic Minorities has lent to households to build houses but has not been handled in accordance with legal regulations.

Previously, working with the Working Group, Mr. Nguyen Van Ky said that he worked at Nghe An Ethnic Boarding High School from 1984 to 2007 and retired. In 1990, considering Mr. Ky's family's difficult circumstances, the school lent him a room in the dormitory to stay in from 1990 to 2006.

In 2006, the school took back Mr. Ky's borrowed room to build a cafeteria for students, so he had no place to live. He asked the school principal for permission to demolish the school's restroom to build a house. The principal agreed to let him demolish the school's restroom to build. During the construction process, he encroached on a part of the vacant land and asked Ms. Vuong (a neighbor) for about 0.5 meter in width (in addition to the land the school gave him).

According to Mr. Ky, his entire house has an area of ​​4.5 m x 13 m. During the construction of the house, the Ward People's Committee and the City Urban Inspectorate came to inspect but had no comments. Mr. Ky did not agree with the opinion of the Department of Natural Resources and Environment in Official Dispatch No. 216/STNMT dated January 10, 2023 on handling problems at the dormitory area of ​​Nghe An Ethnic Boarding High School.

Mr. Ky said that the Department of Natural Resources and Environment, when it issued the land use right certificate to the Boarding High School for Ethnic Minorities in 2019, had encroached on his house's land (because his house was built in 2006). The Department of Natural Resources and Environment's issuance of the land use right certificate to the school did not comply with the provisions of the law.

According to the school, since 1984, the People's Committee of Nghe Tinh province issued a Decision allowing Nghe Tinh Highland High School (now the Boarding High School for Ethnic Minorities) to use the old land of the Agricultural Machinery Design Institute with a total area of ​​13,000m2.²to build the headquarters. The dormitory is part of the land area that the Provincial People's Committee allows the school to use in this decision.

Before 2000, the dormitory had 2 rows. In 2005, due to the need to build a canteen for students, this dormitory changed: Row 2 was completely demolished; Row 1 left 3 rooms. In 2006, after defining the area for the canteen construction, considering that there were still many cadres and teachers of the school in difficult circumstances, the school leadership held a meeting to consider lending houses to families (with a housing loan application and contract attached); the families were allowed to stay in Row 1 with 3 rooms of the old dormitory, which was lent by the school according to the house loan contract dated June 25, 2006.

Due to the lack of accommodation, and next to the dormitory there is still an empty plot of land for a vegetable garden, sanitation facilities, and drainage system; considering the difficult circumstances of the families of Mr. Nguyen Van Ky and Ms. Sam Thi Son, the school agreed to lend the two families the empty plot of land to build each family a house next to the old dormitory according to the house borrowing contract dated June 25, 2006; Therefore, the current collective housing area has 5 households.

“Up to now, the school has had no policy of distributing or arranging land for staff and teachers to use for housing and other purposes; there are no documents or policies related to the liquidation of assets for these collective houses,” the school’s report to the Provincial Inspectorate stated.

Since 2019, the school has notified these 5 households about the project to build a dormitory for students, requiring them to hand over the premises within 1 year according to the loan contract. Some households have requested to extend the deadline by 3 years and the school has accepted. However, in 2023, when the school started construction of the project, the 5 households refused to relocate and requested compensation for site clearance. Meanwhile, according to the school, to implement this project, the State did not provide a budget for site clearance because the project was carried out entirely within the school's premises.