Land encroachment in Yen Thanh: Has the local government fulfilled its responsibility?
(Baonghean.vn) - Although the People's Committees of Van Thanh Commune and Yen Thanh District both affirmed that they would not hand over the land plot of Ms. Nguyen Thi Hien Luong's parents in Van Yen Hamlet (Van Thanh) to Mr. Than and Mr. Kiem's family (neighbors), they did not take any preventive measures and even issued a red book for this illegally encroached part.
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 occupationThe occupied land was originally the residential land of the family of Mr. Nguyen Van Xung and Mrs. Nguyen Thi Tiu (both have passed away), now represented by 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; The land plot of Mr. Nguyen Thanh Than's family has 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, and next to Mr. Xung and Mrs. Tiu's land plot 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 Ms. Luong 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.
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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. The land still had the old house and two graves, and the family would later 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 for 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 (LUR 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 implicitly understood as 501m2Residential land and garden land. Currently, Mr. Than and Ms. Hue's family have not completed the procedures to issue and change the Land Use Rights Certificate.
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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, it suddenly became adjacent to Mr. Nguyen Thanh Than's land, which surprised the family. 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 upon, 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 property" - Mr. Hoang emphasized.
Obviously, after encroaching on the land of Mr. Xung and Ms. Tiu's family, 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 reconciliation 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 Right Certificate of Mr. Than's family, issued on April 12, 1995 (under the name of his wife Dao Thi Hue), did not specify 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.
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Ms. Nguyen Thi Canh was upset when her ancestral land, the place to worship 3 martyrs, was encroached upon, even though her family's land was not adjacent to Mr. Than's and 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 also 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 filed a petition to the People's Committee of Van Thanh commune. However, the local government only organized one 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 Yen Thanh District People's Court, the Yen Thanh District People's Committee also affirmed that there were no documents proving that the State had allocated land plot No. 437 (Mr. Xung and Ms. Tiu's land) 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 yet to take 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./.
