The court of first instance determined that the plaintiff had used the land area continuously, without any dispute, and had not been punished by competent authorities for violations.

The People's Court of Quang Binh province has just held a first-instance trial of the case of "dispute over compensation and support for site clearance due to land acquisition by the State" between the plaintiff, Mr. Le Van Tuy (residing in Le Ky 1 ​​village, Vinh Ninh commune, Quang Ninh, Quang Binh) and the defendant, the People's Committee of Quang Ninh district. Accordingly, the People's Committee of Quang Ninh district was ordered to compensate Mr. Tuy 300 million VND.

According to Mr. Tuy’s lawsuit, in 1993, he was granted an immigration card and 10 hectares of land in the Mam Xoi hill area (Trooc Trau, Le Ky) by the Quang Binh Provincial Department of Labor Mobilization to plant forests. From then until 2010, his family continuously used the allocated land to plant forests.

However, in 2001, Dong Hoi Forestry Enterprise and Long Dai Industrial Forestry Company declared his forest area as the forest enterprise's land to be granted a land use right certificate (in sub-area 309). Although the forest enterprise completed the procedures to grant such a certificate, it did not use the land, so Mr. Tuy did not know anything about this.

In 2005 and 2006, the forestry farm again contracted more than 22 hectares to Mr. Hoang Trong Que and Mrs. Hoang Thi Hoa (Mr. Que's wife). Of these, 10 hectares overlapped with Mr. Tuy's family's forest land.

In 2010, the State reclaimed land to build a project to repair and upgrade Trooc Trau Lake, so it compensated households that planted forests. Because he did not receive compensation for 10 hectares of forest, Mr. Tuy filed a lawsuit.

In response to the plaintiff's request for a lawsuit, the People's Committee of Quang Ninh district stated that the land use rights of Mr. Tuy and his wife for 10 hectares of land at Mam Xoi hill were not sufficient grounds for the State to recognize and consider compensation.

Accordingly, the 10-hectare area was contracted to Mr. Que and Ms. Hoa. Mr. Tuy planted forests on the land of Dong Hoi Forestry Enterprise through the contracted household, Mr. Que. When the government compensated for the site clearance, Mr. Tuy received more than 362 million VND from Mr. Que. Therefore, Mr. Tuy's request for the State to compensate and support the site clearance for 10 hectares of forestry land was incorrect, affecting the spending of state budget money on the wrong subjects.

The Court of First Instance found that the origin of the disputed land was that it was assigned to Mr. Tuy by the Quang Binh Provincial Department of Labor Mobilization in 1993. In 1994 and 1997, the Quang Ninh District People's Committee granted land for afforestation and restoration on an area of ​​nearly 10 hectares. Therefore, at the time in 2001, when Dong Hoi Forestry was assigned land in sub-area 309, Mr. Tuy's household had been using the land continuously, without any disputes, and without being punished by competent authorities for violations.

The panel of judges found it necessary to consider the long-term process of land reclamation, restoration and use (from 1993 until the State reclaimed the land in 2010), so they partially accepted Mr. Tuy's lawsuit. On that basis, the People's Committee of Quang Ninh district was forced to compensate Mr. Tuy's household (for 10 hectares at Mam Xoi hill) with 300 million VND. The amount of money Mr. Tuy received from Mr. Que is considered a compensation and support from the State that Mr. Tuy received.

Regarding Mr. Tuy’s request to sue for the amount of VND 850 million in support for job creation when the State reclaims the land, the Court held that Mr. Tuy was not eligible to receive this amount of money. The reason was that Mr. Tuy’s land use process was confirmed to have a clear, continuous origin and no disputes, but at the time of land reclamation, he had not yet been granted a land use right certificate.

According to PLO