Land encroachment in Yen Thanh: Has the local government fulfilled its responsibility?

Admit to land encroachment?

Since March 2023, Nghe An Newspaper has continuously published articles reflecting the behavior of Mr. Nguyen Thanh Than's family and Mr. Nguyen Van Kiem (now Nguyen Van Son's son), both residing in Van Yen hamlet, Van Thanh commune (Yen Thanh).illegal land occupationThe occupied land was originally residential land of the family of Mr. Nguyen Van Xung and Mrs. Nguyen Thi Tiu (both have passed away), now the representative is Mrs. Nguyen Thi Hien Luong.

According to map 299 still kept at the People's Committee of Van Thanh commune, the land plot of Mr. Nguyen Van Xung and Ms. Nguyen Thi Tiu has number 437, area 360m2²; Mr. Nguyen Thanh Than's family's land plot has code number 436, area 260m2²; and the land plot of Mr. Nguyen Van Kiem's ​​family has number 438 with an area of ​​220m2². All three households have adjacent land plots, and next to Mr. Xung and Mrs. Tiu's land plots to the East, there is also land plot number 482 of Mr. Nguyen Van Hoang and Mrs. Nguyen Thi Canh's family.

After Ms. Luong's parents passed away and she went to work far away, her siblings all started their own families with different circumstances. When Ms. Luong returned to her hometown with the intention of building a church on the ancestral land left by her parents, she discovered that the land had been divided and occupied by the two families of Mr. Nguyen Thanh Than and Nguyen Van Kiem. It is worth mentioning that after occupying a part of the land of Mr. Xung and Ms. Tiu's family (located in the middle), Mr. Than's family also encroached on the land of Mr. Hoang and Ms. Canh's family with an area of ​​72m2.²The land encroachment made Mrs. Luong's family as well as Mr. Hoang and Mrs. Canh very upset.

The land plot of Mr. Xung and Mrs. Tiu (marked in red) is located between the land plot of Mr. Than's family (436) and the land plot of Mr. Hoang and Mrs. Canh's family (428), according to map 299. Photo: Tien Dong

Ms. Luong said: When her father passed away (in 1989) and her mother went to live with her younger brother, the family's garden was still there, and the family had no intention of giving it to anyone. On the land at this time, there was still the old house and 2 graves, and later the family would return to build a church. "What surprised us was that even though the family did not give it to anyone, the local government did not take our parents' land to divide it to others. However, for some reason, the family's ancestral land was divided by Mr. Than and Mr. Kiem's ​​families and included in their own plot of land" - Ms. Luong said indignantly.

It is worth mentioning that in 1995, Yen Thanh District People's Committee issued a Land Use Rights Certificate (Land Use Rights Certificate, also known as red book) to Mr. Than's family (in the name of his wife Dao Thi Hue), with a total land area of ​​2,256m2.², of which 1,762m²Agricultural land, residential land and garden land area does not show the plot number or map sheet, but is understood to be 501m²Residential land and garden land. Currently, Mr. Than and Mrs. Hue's family have not completed the procedures to issue and change the Land Use Rights Certificate.

Information about the land of Mr. Than and Mrs. Hue's family. Photo: Tien Dong

As for Mr. Kiem's ​​land plot, from an area of ​​220m²As per map 299, by 1995 when the Yen Thanh District People's Committee issued the Land Use Rights Certificate, it had increased to 528m.². Then in 2007, Mr. Kiem completed the procedure to give the land to his son, Nguyen Van Son, and in 2010, Mr. Son was granted a Land Use Rights Certificate in his name.

As for Mr. Hoang and Mrs. Canh's family, from the place that was originally adjacent to Mr. Xung and Mrs. Tiu's land, now suddenly adjacent to Mr. Nguyen Thanh Than's land, the family was very surprised. However, it was even more unexpected when Mr. Than and Mrs. Hue's family continued to encroach on Mr. and Mrs. Canh's family's land by 72m.². Because of the area of ​​260m²Initially, according to map 299, Mr. Than and Ms. Hue's land increased to 501m²According to cadastral map No. 19. "In 2021, when we discovered that the land had been encroached, we invited the Yen Thanh branch of the Land Registration Office to re-measure and Mr. Than's family's land plot continued to increase to 573.9m². Of which, there are more than 72m²"Our family's encroachment" - Mr. Hoang emphasized.

Obviously, after encroaching on the land of Mr. Xung and Mrs. Tiu's families, both Mr. Than and Mr. Kiem's ​​families were granted Land Use Rights Certificates by the local government of Yen Thanh district. Is this an acknowledgement and legalization of the illegal land occupation?

Has the government fulfilled its responsibilities?

After her land was occupied, Ms. Luong filed a complaint against Mr. Than and Mr. Kiem's ​​families for illegally occupying land and sent it to the People's Committee of Van Thanh commune, requesting a resolution. On October 13, 2020 and November 24, 2020, the People's Committee of Van Thanh commune held a conciliation meeting between the families.

At the conciliation meeting on the morning of October 13, 2020, between Ms. Luong's family and Mr. Than's family, the People's Committee of Van Thanh commune stated that the Land Use Rights Certificate of Mr. Than's family, issued on April 12, 1995 (in the name of his wife, Dao Thi Hue), did not specifically state the plot number and area. Then, on November 24, 2020, the People's Committee of Van Thanh commune held another conciliation meeting for the land dispute between Ms. Luong's family and Mr. Nguyen Van Son's family.

Ms. Nguyen Thi Canh was upset when her ancestral land, the place to worship three martyrs, was encroached upon, even though her family's land was not adjacent to Mr. Than's or Ms. Hue's. Photo: Tien Dong

In both conciliations on October 13 and November 24, 2020, the parties could not reach an agreement. The two families who illegally occupied the land continuously defended their actions. The People's Committee of Van Thanh commune did not clarify right and wrong.

Not to mention, in the case of Mr. Hoang and Mrs. Canh's family, after discovering that their land had been encroached upon, they submitted a petition to the People's Committee of Van Thanh commune. However, the local government only organized a conciliation meeting in the hamlet on August 27, 2020, when opinions were not unanimous, the final conclusion of the local government representative was that the conciliation was unsuccessful.

In particular, in the information and reports sent to the People's Court of Yen Thanh district, the People's Committee of Yen Thanh district also affirmed that there were no documents proving that the State had allocated land plot No. 437 (land of Mr. Xung and Ms. Tiu) to anyone for use. This means that Mr. Nguyen Thanh Than's family and Mr. Nguyen Van Kiem's ​​family illegally occupied the land. Although the land occupation of these two families was determined to be illegal, the local government has not yet taken any action to handle it. At the same time, it is said that the People's Courts at all levels are handling this issue.

Recently, speaking with Nghe An Newspaper reporter, Mr. Nguyen Quy Linh - Secretary of Yen Thanh District Party Committee said that he will assign the District People's Committee to inspect, report the incident and will inform again./.