Lack of responsibility in handling citizen petitions

(Baonghean) - Nghe An Newspaper received a complaint from Mr. Lam Van Duyen, resident of Hamlet 8, Thanh Thinh Commune, Thanh Chuong District, about the People's Committee of Thanh Thinh Commune handling citizens' petitions regarding the issuance of land use right certificates in an objective and irresponsible manner.

Commune land dispute with people

In his petition to the newspaper, Mr. Lam Van Duyen said that in 1965, implementing the policy of the Party and the State, his family and dozens of other households moved from the Lam River bank to the Ru Gia area to live. At that time, his family reclaimed a plot of land and has used it continuously and stably since then.

In 1978, the State opened Highway 33, dividing his family's land into two plots. In 1997, he received a land use right certificate (LURC) for the plot above the road, but the plot below the road was not granted a LURC.

Since 2005, his family has repeatedly submitted petitions and requests for a land use right certificate for the plot of land below the road, but the Thanh Thinh Commune People's Committee replied that the plot of land was under the management of the Commune People's Committee, so it could not be granted to him.

The land plot that Mr. Lam Van Duyen (in white shirt) is petitioning to be granted a land use rights certificate.

Observing the current situation, the land above the road has been built by his family to build a solid house. The land below the road is being used by Mr. Duyen to grow perennial crops. The land has clear boundaries, Mr. Duyen's family has built a fence, and has a kiosk of about 16m2 that was built a long time ago.

“My family has been using both of these plots of land stably, without any disputes with any households since the land was reclaimed. The Commune People’s Committee’s statement that this is land managed by the commune is incorrect, because the commune has not reclaimed it and I have not signed any land lease contract as the commune said,” said Mr. Duyen.

Regarding the contents presented by Mr. Duyen, Mr. Nguyen Van Luc, former hamlet chief of hamlet 8 from 2008-2009 and 2013-2015, affirmed that Mr. Duyen's 2 plots of land had been used stably since 1965 and there was no dispute with any household. During his time as hamlet chief, the commune did not meet with him to verify the origin and current status of use of the plots of land that Mr. Duyen was petitioning for.

Many people in Hamlet 8, Thanh Thinh Commune (Thanh Chuong) shared with reporters about the same incident as Mr. Lam Van Duyen's family.

However, Thanh Thinh Commune People's Committee stated that on January 21, 1996, the commune issued Notice No. 01/UBND on the recovery of some private land areas to balance the distribution among the population according to Decree 64. But in reality, this area was too bad so it was not included in the balance for distribution. The Commune People's Committee put it under management as public land, including the land plot that Mr. Duyen is petitioning for, so it did not issue a land use right certificate.

In 2000, the commune included the above land in the planning of a residential area but it was not approved. In 2005, according to the State's regulations on expanding the road corridor into Provincial Road 533 from the center of the road to each side by 15 m, the land did not meet the conditions for planning a residential area, so the Commune People's Committee continued to lease it to people under a contract with the Commune People's Committee.

Lack of responsibility in handling citizen petitions

Contacting the land records kept at Thanh Thinh Commune People's Committee, it was found that the settlement of citizens' petitions was not carried out by Thanh Thinh Commune People's Committee in accordance with the provisions of law. During the settlement process, Thanh Thinh Commune People's Committee incorrectly determined the location of the land plot that the citizen petitioned.

Specifically, according to map 299, which was measured in 1983, the land plot that Mr. Duyen is petitioning for is an unused flat plot of land, without a plot number, not that it is not on the plot map as reported by the commune. According to map 299, which was revised in 1996, the land plots that Mr. Duyen petitioned for are plots 769 and 770, unused land, not plot 759 as stated by the commune. Regarding the 2010 survey map, the land plots that Mr. Duyen is petitioning for are plots 219 with an area of ​​310 m2 and 243 with an area of ​​489 m2, map sheet number 11, not plot 115, map sheet number 11 as reported by the commune.

Not only that, the Commune People's Committee did not directly work with citizens, did not conduct inspections and verifications of land use processes and current land use status to clarify the petition content, and did not have a written response to citizens, which is not in accordance with the provisions of Clause 4, Article 199 of the 2013 Land Law.

In the remaining land records, the land plot that Mr. Duyen is requesting is not included in the records and books of public land management managed by the Commune People's Committee. Notice No. 01/1996 on land recovery is general, not specific, and the list of recovery does not include the Ru Gia area or the land plot that Mr. Duyen is requesting.

Mr. Nguyen Van The - Chairman of the Commune People's Committee, after re-inspection, confirmed: Through inspection, the commune did not have a land lease contract with Mr. Lam Van Duyen. Furthermore, in 1996, after the notice of land recovery was issued to the hamlets, the households that did not voluntarily hand over the land did not have any decision to recover the land.

The opening of Route 533 has divided many families' gardens into two plots, but they were only granted land use rights certificates for one plot.

On August 18, 2015, Thanh Chuong District People's Committee issued Document 1573/UBND.TNMT signed by Vice Chairman of Thanh Chuong District People's Committee Phan Dinh Ha to Thanh Thinh Commune People's Committee, based on reviewing the origin, land use process, land planning and other regulations, to guide Mr. Lam Van Duyen to declare, register, and prepare documents for granting a land use right certificate according to the 2013 Land Law. However, up to now, Thanh Thinh Commune People's Committee has not yet verified the origin and use process of the land plot that Mr. Duyen is requesting.

Mr. Nguyen Van The - Chairman of Thanh Thinh Commune People's Committee admitted that, in order to respond to citizens' petitions, the commune had to rely on the response documents of the previous period. Moreover, due to the weak capacity of the commune's land officials, the settlement of citizens' petitions was slow and not in accordance with regulations.

Working with the district, Mr. Trinh Van Bang - Head of the Department of Natural Resources and Environment of Thanh Chuong district assessed that the People's Committee of Thanh Thinh commune did not have a firm grasp of the Land Law and did not verify and base on the land records stored locally, did not consider the provisions of current law to resolve citizens' petitions, which lacked legal basis and did not fulfill its responsibility in handling citizens' petitions.

Thus, it can be affirmed that Mr. Lam Van Duyen's complaints are well-founded. And the handling of citizens' petitions by the Thanh Thinh Commune People's Committee is not objective and irresponsible. Therefore, the Thanh Chuong District People's Committee needs to promptly intervene to clarify the contents of citizens' petitions in order to respond to citizens in accordance with regulations. In addition, it is necessary to clarify the responsibilities of Thanh Thinh Commune People's Committee officials to regain people's trust, avoid causing resentment and prolonged petitions.

Pham Bang