The court partially accepted the lawsuit request.

SINCE 2018…

“The woman who has been complaining about land in Anh Son for 21 years” is Ms. Ngo Thi Huong, residing in Hamlet 2, Thach Son Commune, Anh Son District. At the end of January 2018, Ms. Ngo Thi Huong sent a complaint to Nghe An Newspaper, describing her 21-year ordeal. Accordingly, due to family circumstances, in 1989, Ms. Huong’s mother, Ms. Le Thi Than, had to leave her home to live on her own. Also in 1989, Ms. Than was considered by the People’s Committee of Hoi Son Commune (Anh Son) and granted residential land in Hamlet 10 with an area of ​​306m2.²(now in hamlet 10, Hoa Son commune). In 1990, Ms. Than built a house on the land area approved by the People's Committee of Hoi Son commune.

In 1997, Anh Son district started issuing land use right certificates to the people. During this period, Mrs. Than suffered a stroke and had to return to her son's house for treatment. On behalf of her mother to do the land procedures, Mrs. Ngo Thi Huong was informed by the commune cadastral officer that the People's Committee of Anh Son district had allocated the residential land with Mrs. Than's house to the family of Mr. Nguyen Ngo Hong and Mrs. Nguyen Thi Lu. From then on, Mrs. Huong had to painstakingly write petitions and complaints to demand her mother's legitimate rights and interests.

Ms. Ngo Thi Huong, a woman who has had 21 land-related complaints so far. Photo: PV

In August 2002, after inspection, Hoi Son Commune People's Committee recognized the land use rights (area 306m²) in the land use right certificate issued to Mr. Nguyen Ngo Hong, Ms. Nguyen Thi Lu belongs to Ms. Le Thi Than. In 2003, Ms. Nguyen Thi Lu's family filed a complaint against the People's Committee of Hoi Son commune to the People's Committee of Anh Son district.

Afterwards, Anh Son District People's Committee recognized land rights for Ms. Than and rejected Ms. Lu's complaint (in Decision 524/QD.UB dated July 31, 2003). However, ironically, Hoi Son Commune People's Committee did not resolve the matter according to the instructions of the superiors, and even handed over the land use right certificate to Ms. Nguyen Thi Lu's family. Then, in September 2003, Ms. Le Thi Than's house was demolished by Ms. Lu's family.

The land dispute has since been transferred to the provincial courts at all levels for resolution; even reaching the Civil Court - Supreme People's Court. In 2011, the Civil Court - Supreme People's Court pointed out the unreasonableness at the first instance and appeal courts; including the appraisal and issuance of land use right certificates by the Anh Son district government.

However, the land dispute between Ms. Le Thi Than and Ms. Nguyen Thi Lu's family continues to drag on, not being resolved. The competent authorities all recognize that Ms. Le Thi Than is right, however, the land use rights have not been given to Ms. Le Thi Than; the land use rights certificate that the People's Committee of Anh Son district granted to Ms. Nguyen Thi Lu has not been revoked or canceled...

Through verification, research of documents, and working with the authorities, Nghe An Newspaper determined that Ms. Ngo Thi Huong's complaint was well-founded. On February 8, 2018, Nghe An Newspaper published this incident in an article.“Nghe An: Woman sues for 21 years over land issues”;Continued article until May 17, 2018“Woman sues for land in Anh Son for 21 years: Still waiting for justice". The two articles provide objective and authentic grounds for the legitimate rights and interests of Ms. Le Thi Than.

Land plot number 662, map sheet 08 (Now plot number 108, map sheet 51) in village 1, Hoa Son commune, Anh Son district. Photo: PV

Specifically, as informed in the Final Appeal Decision No. 894/2011/DS-GDT dated November 24, 2011 of the Civil Court - Supreme People's Court annulled the civil appeal judgment of the People's Court of Nghe An province on the land and housing dispute case between Ms. Le Thi Than and Ms. Nguyen Thi Lu for the following reasons:“The court of first instance ordered Mr. Nguyen Ngo Hong to return 306m²The land use right application for Ms. Than is well-founded. The appellate court only based on the fact that Ms. Than's paperwork was incomplete and not legalized to reject Ms. Than's application for land use rights is not enough basis..."; “Regarding the procedure for granting the land use right certificate to Ms. Ngo Thi Lu, there were errors and were not in accordance with the provisions of the law.

At the same time, Nghe An Newspaper has made suggestions for the People's Committee of Anh Son district to properly perform its state management responsibilities...

In June 2018, Anh Son District People's Committee organized an inspection of the issuance of land use right certificates to Ms. Nguyen Thi Lu. On November 6, 2018, Anh Son District People's Committee issued Inspection Conclusion No. 15/KL-UBND, concluding that "Land use right certificates with serial number: I.504125, issuance number 1115.QSDD dated July 1, 1998 by Anh Son District People's Committee to Ms. Nguyen Thi Lu's household, hamlet 10, Hoa Son commune (former Hoi Son commune) were issued for incorrect land use purposes"; assigned the Department of Natural Resources and Environment to "advise the District People's Committeerevocation of CertificateLand use rights with serial number: I.504125, certificate number 1115.QSDD dated July 1, 1998 of Anh Son District People's Committee for Mrs. Nguyen Thi Lu's household, hamlet 10, Hoa Son commune in accordance with legal regulations"...

… SO FAR

It was thought that after the Inspection Conclusion No. 15/KL-UBND was issued, Ms. Ngo Thi Huong's complaint and denunciation would be closed. But no, because the Inspection Conclusion No. 15/KL-UBND was delayed in implementation, Ms. Le Thi Than's land rights were not considered for return, so Ms. Ngo Thi Huong continued to submit a petition to the competent provincial authorities.

Inspection conclusion No. 15KL-UBND dated November 6, 2018 and Decision No. 3853QD-UBND dated September 14, 2020 of Anh Son District People's Committee.

In August 2020, the content of Ms. Ngo Thi Huong's petition was considered by the Provincial Party Secretary at a regular public reception session; then, it concluded and directed the People's Committee of Anh Son district to consider and handle it thoroughly (Notice No. 2357-TB/TU dated August 12, 2020). On September 14, 2020, based on legal regulations, Notice No. 2357-TB/TU dated August 12, 2020 of the Provincial Party Committee, Inspection Conclusion No. 15/KL-UBND dated November 6, 2018..., the People's Committee of Anh Son district issued Decision No. 3853/QD-UBND to cancel the Land Use Right Certificate with serial number: I.504125, certificate issuance number 1115.QSDD dated July 1, 1998 of the People's Committee of Anh Son district for the household of Ms. Nguyen Thi Lu, hamlet 10, Hoa Son commune (formerly Hoi Son commune).

In early 2023, Ms. Ngo Thi Huong informed Nghe An Newspaper that after the People's Committee of Anh Son district issued a decision to cancel the Land Use Rights Certificate granted to Ms. Nguyen Thi Lu, she filed a lawsuit in court. In December 2022, the People's Court of Anh Son district held a public first-instance trial of the land dispute case between plaintiff Le Thi Than and defendant Ngo Thi Thanh Tam (a relative of Ms. Nguyen Thi Lu). At the trial, the Court recognized that the plaintiff Le Thi Than's lawsuit request was well-founded; forcing the related defendants to return to Ms. Le Thi Than more than 324m²However, as the successor of Ms. Le Thi Than's rights and obligations to litigate, Ms. Huong will file an appeal because she does not agree with some of the opinions of the People's Court of Anh Son district in Judgment No. 49/2022/DSST dated December 9, 2022.

See Judgment No. 49/2022/DSST dated December 9, 2022 “On land use rights disputes” of the People’s Court of Anh Son District, in the Court’s decision section, there is information as stated by Ms. Ngo Thi Huong. Specifically, the People’s Court of Anh Son District ruled: “Partially accept the lawsuit request of the plaintiff, Ms. Le Thi Than. Compel the defendant, Ms. Ngo Thi Thanh Tam, and those with related rights and obligations, including Mr. Nguyen Ngo Thanh and Ms. Ngo Thi Hiep, to return to Ms. Le Thi Than, through the successor of Ms. Than's rights and obligations to the litigation, Ms. Ngo Thi Huong, the land area of ​​324.1 m2.²(Including 300 m)²residential land and 24.1 m²Garden land) located in plot number 662, map sheet 08 (Now plot number 108, map sheet 51) in village 1, Hoa Son commune, Anh Son district, Nghe An province".

Judgment No. 49/2022/DSST dated December 9, 2022 of Anh Son District People's Court.

Asked Ms. Ngo Thi Huong about the points she did not agree with in the verdict of the People's Court of Anh Son district, she answered: "The residential land my mother was granted has an area of ​​306m2²located in plot 662 also includes garden land, the family still keeps the related documents and garden land tax receipts. Previously, Mr. Nguyen Ngo Hong and Mrs. Nguyen Thi Lu said that they lent my mother residential land, leading to a residential land dispute, so I had to file a lawsuit on behalf of my mother regarding this content.

In 2020, when the People's Committee of Anh Son district issued a decision to cancel the Land Use Rights Certificate granted to Ms. Nguyen Thi Lu, in the lawsuit, I requested the Court to consider and return to my mother the original status of land plot 662, including residential land and garden land.

I have provided full information and evidence to prove it, but the Court only recognized the residential land area for my mother, and did not consider the garden land. Besides, my mother's house was demolished by someone to take land for business, now the Court has forced them to return the land, so why is it forcing my mother to compensate for the damage to the constructions they built? That is why I have to continue to appeal!