Reply to the petition of Mr. Tran Ngoc Sau in Hung Dung ward, Vinh city

(Baonghean) - Considering the advisory report of the Provincial Inspectorate in Official Dispatch No. 680/TTR-P2 dated October 21, 2014 and Official Dispatch No. 545/TTR-P2 dated August 27, 2014 on the results of checking and reviewing citizens' petitions. On October 30, 2014, the Provincial People's Committee issued Official Dispatch No. 8160/UBND.KT responding to the contents of Mr. Tran Ngoc Sau's petition as follows:

l Regarding the content of Mr. Tran Ngoc Sau's accusation that Mr. Nguyen Van Chat - Dong Tho block, Hung Dung ward, Vinh city (household adjacent to Mr. Tran Ngoc Sau) committed the following violations:

- 3 times buying land without completing transfer procedures to defraud the State of tax money;

- Falsifying the time of land use to get 5 times more tax exemption: Bought land from Ms. Minh Chau in March 1984 but declared the year 1980.

- Falsely declaring land area not true to reality (buying land from Ms. Minh Chau of 450m2 and arranging to write a hand-delivered paper for 500m2);

- The actual area used by Mr. Nguyen Van Chat's family is about 76 square meters larger than the area granted with the Land Use Rights Certificate;

This is a complaint related to the confirmation of the area, origin and land use process by the People's Committee of Hung Dung Ward for Mr. Nguyen Van Chat when carrying out the process of granting a Land Use Right Certificate to Mr. Nguyen Van Chat's family (Mr. Nguyen Van Chat's land was granted a Land Use Right Certificate by the Vinh City People's Committee on June 24, 2003), under the authority of the Chairman of the Vinh City People's Committee to consider and resolve.

On October 8, 2014, the Provincial People's Committee issued Document No. 7443/UBND.KT assigning the Chairman of Vinh City People's Committee to consider and resolve this issue.

l Regarding the content of Mr. Tran Ngoc Sau's accusation that Vinh City People's Committee issued a Land Use Right Certificate to Mr. Nguyen Van Chat's family in 2003 while the land was in dispute with Mr. Tran Ngoc Sau's family.

The inspection results show that: The land dispute between Mr. Tran Ngoc Sau and Mr. Nguyen Van Chat was first resolved by the Chairman of Vinh City People's Committee in Decision No. 1188/QD.UB dated October 11, 2000; the Chairman of the Provincial People's Committee resolved it for the second time in Decision No. 1325/QD.UB.KT dated May 7, 2001 (this is the effective decision).

On June 24, 2003, Vinh City People's Committee signed and issued a Land Use Rights Certificate to Mr. Nguyen Van Chat.

Thus, the decision of Vinh City People's Committee to grant a Land Use Right Certificate to Mr. Nguyen Van Chat after the second dispute resolution decision of the Provincial People's Committee Chairman (the decision has come into effect) is in accordance with regulations. The content of Mr. Tran Ngoc Sau's complaint is not grounded for consideration and resolution:

l Regarding the content of Mr. Tran Ngoc Sau's accusation that Mr. Nguyen Van Chat occupied residential land in the sanitation area and vegetable growing land of Mr. Tran Ngoc Sau's family.

In essence, this is the content of Mr. Tran Ngoc Sau's land dispute with Mr. Nguyen Van Chat, which was first resolved by the Chairman of Vinh City People's Committee in Decision No. 1188/QD.UB dated October 11, 2000; the Chairman of the Provincial People's Committee issued Decision No. 1325/QD.UB.KT dated May 7, 2001 to resolve the second time (this is the effective decision). On June 19, 2008, the Chairman of the Provincial People's Committee issued Decision No. 2389/QD.UBND.KT on handling the results of the inspection and review: in which it was concluded that Mr. Tran Ngoc Sau's reflection that Mr. Nguyen Van Chat encroached on the land of Mr. Tran Ngoc Sau's family was unfounded.

Thus, the content of the land dispute between Mr. Tran Ngoc Sau and Mr. Nguyen Van Chat has been fully resolved by the state administrative agency, in accordance with the provisions of law. The Provincial People's Committee terminates and does not continue to accept the contents of Mr. Tran Ngoc Sau's petition related to the land dispute with Mr. Nguyen Van Chat mentioned above.

l Regarding the content of Mr. Tran Ngoc Sau's accusation against Mr. Nguyen Tan Phong, Dong Tho block, Hung Dung ward, Vinh city (household adjacent to Mr. Tran Ngoc Sau) for encroaching on the land of Mr. Tran Ngoc Sau's family.

In essence, this is the content of Mr. Tran Ngoc Sau's land dispute with Mr. Nguyen Tan Phong, which was resolved for the first time by the Chairman of Vinh City People's Committee in Decision No. 485/QD.CT.ND dated March 10, 2006; on November 17, 2006, the Chairman of the Provincial People's Committee issued Decision No. 4387/QD.UBND.KT to resolve for the second time; On June 19, 2008, the Chairman of the Provincial People's Committee issued Decision No. 2389/QD.UBND.KT on handling the results of the inspection and review of the settlement of land disputes of Mr. Tran Ngoc Sau, concluding and handling: "Mr. Tran Ngoc Sau's reflection that Mr. Nguyen Tan Phong encroached on his family's land is well-founded. However, Mr. Nguyen Tan Phong only encroached on the space on the land plot with an area of ​​0.06m x 16m = 0.96m2, not encroaching on 0.13m x 16m = 2.08m2 as Mr. Sau reflected;

Assign Mr. Nguyen Tan Phong to voluntarily dismantle the flying roof (first floor) to the open space of Mr. Tran Ngoc Sau's land area before July 30, 2008; if Mr. Phong does not voluntarily dismantle it, assign Vinh City People's Committee to direct Hung Dung Ward People's Committee and relevant agencies to organize enforcement according to the provisions of law."

As of July 21, 2014, Mr. Nguyen Tan Phong has not yet carried out the dismantling according to the handling decision of the Provincial People's Committee; Vinh City People's Committee has also not yet organized the implementation of the task assigned by the Provincial People's Committee in Decision No. 2389/QD. UBND.KT dated June 19, 2008.

On October 8, 2014, the Provincial People's Committee issued Document No. 7443/UBND.KT assigning the Chairman of Vinh City People's Committee to strictly implement the handling decision of the Chairman of the Provincial People's Committee in Decision No. 2389/QD.UBND.KT dated June 19, 2008.

The Provincial People's Committee informs and responds to Mr. Tran Ngoc Sau.

People's Committee of Nghe An province