Another school in trouble because retired teacher refuses to return dormitory
(Baonghean.vn) - For many years, Ha Huy Tap High School has been struggling to find a way to deal with the last remaining dormitory on campus. Many of the school's construction plans have also been affected, because a retired teacher has refused to return the dormitory.
For rent on school land
On April 4, the leader of Ha Huy Tap High School (Vinh City) said that the school is contacting Mr. Nguyen Duc C. to work on the issue of him publicly announcing the rental of a kiosk right on the school's land. "This is the school's dormitory, located entirely within the school grounds and has been granted a Certificate of Land Use Rights," said this leader.
The house Mr. C. is using belongs to a block of dormitories built by Ha Huy Tap High School in 2003 for teachers to use. This block of dormitories previously had 11 rooms, each about 40m wide.2. After the construction was completed, Mr. Nguyen Duc C. (the school's Literature teacher) was assigned to the first room, adjacent to the fence next to Nguyen Dinh Chieu Street. Next to this room was a fairly large open space. The entire dormitory building was located entirely within the school grounds.
In 2009, Mr. C. retired but was still given the opportunity by the school to continue living in this dormitory. “While living in the dormitory, while the whole school was on vacation, Mr. C. arbitrarily renovated and expanded the area, occupying the empty land next to it to build and open the gate facing Nguyen Dinh Chieu Street,” said a school leader.
From a collective house of only about 40 square meters, the area of the house Mr. C. is currently using is up to nearly 90 square meters.2, with a width of nearly 13m on Nguyen Dinh Chieu Street.
In 2020, Ha Huy Tap High School built a soccer field for students, so they demolished the dormitory to make room. After receiving notice from the school, the households in the dormitory moved out one by one. Only Mr. Nguyen Duc C. refused to move. When the school mobilized machinery to dismantle the building, he reacted and filed a complaint.
“Mr. C. said that the old principal had given him this house, so he refused to move. He requested that a large apartment be bought for him before he would be accepted,” said the leader of Ha Huy Tap High School in 2020.
The leaders of the Department of Education and Training then went down to work and asked the Education Sector Union and Ha Huy Tap High School to call for contributions from teachers in the entire sector to buy an apartment for Mr. C., so that he would agree to relocate and hand over the premises to the school to complete the project. However, the call was unsuccessful. After the meeting, the school's Union decided not to call for support, because the circumstances of this case were not difficult and there was no precedent. Meanwhile, the teachers of Ha Huy Tap High School also refused to support.
“There are many teachers at the school who only receive a salary of a few million, have to rent a house, and have to raise children. Meanwhile, Mr. C. is healthy, has a pension several times higher, and does not have to support anyone. So no one agreed to support him,” said the leader of Ha Huy Tap High School. Since then, the school had to give in, leaving the dormitory alone on campus.
According to Mr. Cao Thanh Bao - Principal of Ha Huy Tap High School, recently, due to the large number of students using electric vehicles, the school's parking lot is not enough. The school has a plan to build another parking lot, but the construction site is blocked by the apartment building that Mr. C. is using. Therefore, the school really wants to demolish this apartment building.
Need to resolve soon
According to the reporter, the apartment building that Mr. C. is using is in a nice location, right next to a busy intersection. Recently, Mr. C. hung a kiosk for rent sign right in front of his house.
Speaking to reporters, Mr. C. admitted that he did not have any legal documents for this house. “Now my circumstances are difficult, my pension is low, only over 7 million per month, so I have to rent it out to earn a little money,” Mr. C. said, adding that after the divorce, he lived alone here, his ex-wife and son lived elsewhere.
Regarding the reason for refusing to move, Mr. C. said that he had contributed to the school, being one of the first teachers to teach at the school. Previously, the old principal had promised to let him stay here. “In the past, the principal said that if I stayed here, I would stay. A few years ago, the school promised to buy me an apartment. But now even if they bought it for me, I would not agree, I would never move,” said Mr. C.
Discussing this issue, lawyer Nguyen Cao Tri (Nghe An Province Bar Association) said that Mr. C's case is similar to the case of some teachers' households in the dormitory of Nghe An Province's Ethnic Boarding High School.
“Legally, this teacher has no basis to be able to live there. If the land belongs to the school, is located within the school campus, has been granted a land use right certificate to the school, and the dormitory was also built by the school. Therefore, if the school wants to take it back, it can file a lawsuit in court,” said lawyer Nguyen Cao Tri.
Regarding a similar incident that occurred at the provincial Ethnic Boarding High School that Nghe An Newspaper just reported, lawyer Nguyen Cao Tri said he knew it very well because he was invited to participate in legal consultation.
Accordingly, in 2006, teachers in the school submitted a request to the school's leadership to borrow housing. After considering the conditions and circumstances, the provincial Boarding High School for Ethnic Minorities signed a contract agreeing to lend the dormitory area to a number of staff and teachers. When writing the housing loan papers, the teachers committed to comply with the school's rules and regulations. At the same time, the school also clearly required that teachers who borrow housing must be responsible for "repairing any room that needs to be repaired to live in, not expanding beyond the designated area. When the school needs to use it, it will notify at least 12 months in advance so that households can find a place to live."
“Comparing with the case file, in fact, in 2006, the school only lent the 5 households the collective housing area on the land, not the land use rights. But up to now, this land is in the planning to build a dormitory for students. This policy is also consistent with the functions and tasks of the school and for the legitimate interests of the students. Therefore, the school's announcement of the need to return this land area is appropriate. Therefore, according to the above regulations, the responsibility of the households to return the borrowed assets to the school is in accordance with the provisions of the law,” said lawyer Nguyen Cao Tri.
According to the lawyer, when signing the housing loan contract, the school required that if teachers used the loaned property, "any room that needs to be repaired, you (Mrs.) must repair it yourself to live in" and "not expand beyond the specified area". Based on the above agreement, the borrower of the property, when using the loaned property, invested and repaired within the scope and premises of the property, must take responsibility for the repairs. And the arbitrary expansion beyond the loaned property area is not in accordance with the agreement in the contract, so he/she must take responsibility.
“The Provincial Boarding High School for Ethnic Minorities is a public service unit, not a state administrative management agency, so it does not have the authority to issue a decision to reclaim, compensate, and support resettlement of land and assets on the land. Therefore, the request of households to the school to compensate for land and assets on the land is incorrect and has no legal basis,” said lawyer Nguyen Cao Tri.
