The court partially accepted the plaintiff's claim.

SINCE 2018…

"The woman who has been litigating land disputes 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 letter to Nghe An Newspaper detailing her 21-year ordeal. According to her complaint, due to family circumstances, in 1989, Ms. Huong's mother, Ms. Le Thi Than, had to leave her home and live separately. Also in 1989, Ms. Than's application was considered and approved by the People's Committee of Hoi Son Commune (Anh Son District), granting her a residential land plot of 306 square meters in Hamlet 10.²(now part of Hamlet 10, Hoa Son Commune). In 1990, Ms. Than built a house on the land that the People's Committee of Hoi Son Commune had allocated to her.

In 1997, Anh Son district implemented a program to issue land use rights certificates to the people. During this period, Mrs. Than suffered a stroke and had to return to her son's house for treatment. While handling land-related procedures on behalf of her mother, Mrs. Ngo Thi Huong was informed by the commune's land cadastral officer that the Anh Son District People's Committee had allocated the 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 submit petitions and complaints to demand her mother's legitimate rights and interests.

Ms. Ngo Thi Huong, a woman who has filed 21 land-related complaints to date. Photo: PV

In August 2002, after inspection, the People's Committee of Hoi Son commune recognized the land use rights (area of ​​306m²).²The land use certificate issued to Mr. Nguyen Ngo Hong and Ms. Nguyen Thi Lu states that the land is under the ownership of Ms. Le Thi Than. In 2003, Ms. Nguyen Thi Lu's family filed a complaint with the People's Committee of Hoi Son Commune to the People's Committee of Anh Son District.

Subsequently, the Anh Son District People's Committee recognized Ms. Than's land rights and rejected Ms. Lu's complaint (in Decision 524/QD.UB dated July 31, 2003). Ironically, however, the Hoi Son Commune People's Committee did not resolve the issue as directed by the higher authorities, and even issued a land use right certificate to Ms. Nguyen Thi Lu's family. As a result, in September 2003, Ms. Le Thi Than's house was demolished by Ms. Lu's family.

The land dispute case was subsequently transferred to the provincial courts at various levels for resolution; it even reached the Civil Court of the Supreme People's Court. In 2011, the Civil Court of the Supreme People's Court pointed out the irregularities in the first instance and appellate courts, including the assessment and issuance of land use right certificates by the Anh Son district government.

Nevertheless, the land dispute between Ms. Le Thi Than and the family of Ms. Nguyen Thi Lu continues to drag on without a definitive resolution. The competent authorities all recognize that Ms. Le Thi Than is in the right; however, the land use rights have not yet been granted to her; and the land use certificate issued by the Anh Son District People's Committee to Ms. Nguyen Thi Lu has not been revoked or canceled…

After verifying and reviewing documents and working with relevant authorities, Nghe An Newspaper concluded that Ms. Ngo Thi Huong's complaint was well-founded. On February 8, 2018, Nghe An Newspaper published an article about this case."Nghe An: Woman spends 21 years suing over land dispute.";The article continued until May 17, 2018."Woman in Anh Son spends 21 years filing land dispute lawsuit: Still weary of waiting for justice.”The two articles present objective and authentic evidence regarding the legitimate rights and interests of Ms. Le Thi Than.

Plot number 662, map sheet 08 (now plot number 108, map sheet 51) in Hamlet 1, Hoa Son Commune, Anh Son District. Photo: PV

Specifically, as previously reported, the Supreme People's Court's Civil Division's Review Decision No. 894/2011/DS-GDT dated November 24, 2011, overturned the appellate civil judgment of the Nghe An Provincial People's Court regarding the land and housing dispute between Ms. Le Thi Than and Ms. Nguyen Thi Lu for the following reasons:"The first-instance court ordered Mr. Nguyen Ngo Hong to return 306 square meters."²The land allocation to Ms. Than was justified. The appellate court's decision to dismiss Ms. Than's claim for land use rights based solely on the fact that her paperwork was incomplete and not yet legalized is unfounded..."; “Regarding the procedure for issuing the land use right certificate to Ms. Ngo Thi Lu, there were errors and it was not in accordance with the law."

At the same time, Nghe An Newspaper has offered suggestions to help the Anh Son District People's Committee fulfill its responsibilities in state management…

In June 2018, the People's Committee of Anh Son District conducted an inspection of the issuance of land use right certificates to Ms. Nguyen Thi Lu. On November 6, 2018, the People's Committee of Anh Son District issued Inspection Conclusion No. 15/KL-UBND, which concluded that "Land use right certificate with serial number: I.504125, issuance number 1115.QSDĐ dated July 1, 1998, issued by the People's Committee of Anh Son District to the household of Ms. Nguyen Thi Lu, Hamlet 10, Hoa Son Commune (formerly Hoi Son Commune) was issued for an incorrect land use purpose"; and assigned the Department of Natural Resources and Environment to "advise the People's Committee of Anh Son District".Revoke the Certificate"The land use right with serial number: I.504125, certificate number 1115.QSDĐ dated July 1, 1998, issued by the People's Committee of Anh Son district to the household of Ms. Nguyen Thi Lu, Hamlet 10, Hoa Son commune, is in accordance with the law..."

…UNTIL NOW

It was thought that after the issuance of Inspection Conclusion No. 15/KL-UBND, Ms. Ngo Thi Huong's complaints and denunciations would be closed. However, due to the delay in implementing Inspection Conclusion No. 15/KL-UBND, Ms. Le Thi Than's land rights were not considered for return, so Ms. Ngo Thi Huong continued to submit petitions to the competent provincial authorities.

Conclusion of inspection No. 15KL-UBND dated November 6, 2018 and Decision No. 3853QĐ-UBND dated September 14, 2020 of the People's Committee of Anh Son District.

In August 2020, the petition of Ms. Ngo Thi Huong was considered by the Provincial Party Secretary at a regular public consultation session; subsequently, a conclusion was reached and the Anh Son District People's Committee was directed to thoroughly review and resolve the matter (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, and Inspection Conclusion No. 15/KL-UBND dated November 6, 2018…, the Anh Son District People's Committee issued Decision No. 3853/QD-UBND to revoke the Land Use Right Certificate with serial number: I.504125, certificate number 1115.QSDĐ dated July 1, 1998, issued by the Anh Son District People's Committee to the household of Ms. Nguyen Thi Lu, Hamlet 10, Hoa Son Commune (formerly Hoi Son Commune).

At the beginning of 2023, Ms. Ngo Thi Huong informed Nghe An Newspaper that after the Anh Son District People's Committee issued a decision to revoke the land use right certificate previously granted to Ms. Nguyen Thi Lu, she filed a lawsuit. In December 2022, the Anh Son District People's Court 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 the plaintiff Le Thi Than's claim as well-founded and ordered the defendants to return over 324 square meters of land to Ms. Le Thi Than.²land. However, as the successor to the litigation rights and obligations of Ms. Le Thi Than, Ms. Huong will file an appeal because she disagrees with some of the findings of the Anh Son District People's Court in Judgment No. 49/2022/DSST dated December 9, 2022.

See Judgment No. 49/2022/DSST dated December 9, 2022, "Regarding the dispute over land use rights" of the People's Court of Anh Son District. In the decision section, there is information as Ms. Ngo Thi Huong has stated. Specifically, the People's Court of Anh Son District ruled:Partially accepting the plaintiff Ms. Le Thi Than's claim, the court orders 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 her successor Ms. Ngo Thi Huong, the land area of ​​324.1 m².²(Including 300 m)²residential land and 24.1 m²(garden land) located within plot number 662, map sheet 08 (now plot number 108, map sheet 51) in Hamlet 1, Hoa Son Commune, Anh Son District, Nghe An Province"

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

When asked about the points she disagreed with in the Anh Son District People's Court's ruling, Ms. Ngo Thi Huong replied: "My mother's residential land was allocated with an area of ​​306 square meters."²The land, located within plot 662, also includes garden land. The family still retains relevant documents and receipts for garden land tax payments. Previously, Mr. Nguyen Ngo Hong and Ms. Nguyen Thi Lu claimed they lent the land to my mother for residential purposes, leading to a land dispute. Therefore, I had to file a lawsuit on behalf of my mother regarding this matter.

In 2020, when the People's Committee of Anh Son District issued a decision to revoke the land use right certificate previously granted to Ms. Nguyen Thi Lu, in my lawsuit I requested the Court to consider and declare that plot 662, including both residential and garden land, be returned to my mother in its original state.

I provided all the necessary information and evidence to prove my case, but the court only recognized the residential land area for my mother, disregarding the garden land. Furthermore, my mother's house was demolished by others to seize the land for business purposes. Now that the court has ordered them to return the land, why should my mother be required to compensate for the damage to the structures they built? That is why I am continuing my appeal!