Nghi Lien Commune needs to learn from experience in land management.
In a petition sent to Nghe An newspaper, Mr. Lam Huu Minh and his wife Nguyen Thi Dao, residing in Hamlet 18B, Nghi Lien Commune, Vinh City, said that the People's Committee of Nghi Lien Commune had arbitrarily cut off two plots of land within their family's land area to sell. To clarify the content of the complaint, we went directly to investigate the matter.
(Baonghean) -In a petition sent to Nghe An newspaper, Mr. Lam Huu Minh and his wife Nguyen Thi Dao, residing in Hamlet 18B, Nghi Lien Commune, Vinh City, said that the People's Committee of Nghi Lien Commune had arbitrarily cut off two plots of land within their family's land area to sell. To clarify the content of the complaint, we went directly to investigate the matter.
Meeting us, Mr. Minh and Mrs. Dao said: “In 1986, with the permission of the People's Committee of Nghi Lien commune, my family was granted land in the area we had previously reclaimed (now in hamlet 18B, Nghi Lien commune - PV). In 1993, the family's land plot was granted a Land Use Rights Certificate by the State with a usable area of 1,100m2, but only now did we know that my family's garden was more than 2,000m2. In May 2004, the commune's cadastral officer came and cut out a piece in the North with an area of 400m2 for Mr. Trinh Trong Duong, then cut out a piece in the South for Ms. Lam Thi Tien with an area of 348.5m2. Both pieces of land are located within the garden of our family."
Discussing this issue with us, Mr. Vo Dinh Hoang, Vice Chairman of Nghi Lien Commune People's Committee, said: The land of Mr. Minh and Mrs. Dao's family is adjacent to the open space and lakes. During their stay, the family planted trees and expanded the land. After 1991-2001, it reached 1,700m2. From 2002 until now, Mr. Minh has continued to expand, with a total area of up to 2,000m2.
The land that Mr. Minh and Mrs. Dao claim is theirs.
Affirming that there was no story of the commune cutting off the land of Mr. Minh and Mrs. Dao's family to sell, Mr. Luong Ngoc Ty, a cadastral officer of Nghi Lien commune, said: In 2003, Nghi Loc district People's Committee approved the planning of the mixed residential land, dividing the plots to 2 households including Mr. Trinh Trong Duong and Mrs. Lam Thi Tien in the land managed by the commune People's Committee. Mr. Duong was assigned an area of 400m2, including 200m2 of garden land, 200m2 of residential land (on Map Sheet 19, plot number 02) in hamlet 18B, bordering the unused land to the north, bordering Mrs. Dao's land to the south, bordering the planned ditch to the east, and bordering Mr. Dich's house to the west. Ms. Lam Thi Tien was assigned an area of 384 square meters, including 200 square meters of residential land, 184 square meters of garden land (on Map Sheet 19, plot number 02) in Hamlet 18B, bordering Mr. Minh's house (Ms. Dao) to the North, Mr. Dan's house to the South, the planned ditch to the East, and Mr. Xoan's house to the West.
Mr. Duong and Mrs. Tien's families are 2 of 94 households that were allocated land and granted land use right certificates by Nghi Loc District People's Committee according to Decision No. 1094 QD/UB of Nghi Loc District People's Committee dated October 29, 2004. While according to the 1991 survey map currently being applied by Nghi Lien commune, Mr. Minh and Mrs. Dao's families were granted land plot No. 40, sheet No. 20, area 1,100m2. In Nghi Lien commune's land registry, it is clearly recorded that Mrs. Nguyen Thi Dao's household, hamlet 18B, Nghi Lien, was granted land use right certificate No. 1454, dated January 25, 1993, plot No. 40, sheet 20, with residential land area of 150m2 and garden land of 950m2. In the inventory book, it is also clearly recorded that Mrs. Nguyen Thi Dao's household has an area of 1,100m2 of residential land plus garden land. Mr. Ty added that in 2008, Nghi Loc District People's Committee also reissued a land use right certificate to Ms. Dao because previously (in 1993) it mistakenly recorded Dao as Giao, with the land area still being 1,100 square meters.
Mr. Minh mistakenly thought that his area was about 2,000 square meters, because up to now, in addition to the granted land area of 1,100 square meters, Mr. Minh's family has been using the entire plot 46, an area of 569 square meters recorded in the inventory book as land managed by the Commune People's Committee and the northern part of the plot. Mr. Vo Dinh Hoang further affirmed: There was no land granted to the two households of Mr. Duong and Ms. Tien on the land area of Ms. Dao's family. Because after deducting the land area of the two households, Ms. Dao's family still has 1,200-1,300 square meters (ensuring the area of 1,100 square meters as stated in the land use rights certificate - PV).
We learned that hamlet 18B was established after the commune had planned, so the land allocation policy in 1986-1988 was a maximum of 500m2/household. Mr. Dao Duc Loc, whose house was opposite the gate to Mr. Minh and Mrs. Dao's house, said: "My family lived here in 1988, at that time there were only about 5-7 houses, this area was mainly tobacco factory workers, with an average area allocated to each household of 400m2. Mrs. Dao's family also lived there at that time, but it was located in the outer pond area, so the area was expanded. The commune has also checked and re-measured this many times.
Mr. Minh and Mrs. Dao's family were granted a Land Use Rights Certificate in 1993, plot number 40, area 1,100m2, based on the 1991 survey map of Nghi Lien commune.
Sharing the same opinion with Mr. Loc, Mr. Nguyen Xuan Son, head of hamlet 18B, said: Most families in the hamlet after 1987 were granted land area of 400m2. My family came here in 1988, with an area of 500m2. The land area of Mrs. Dao's family in 1991, up to 1,100m2, was due to expansion, because this is a lake area. The possibility that the area beyond 1,100m2 now could be expanded by Mrs. Dao's family after measuring and granting a certificate. We continued to meet some more people in hamlet 18B and they all confirmed that this is a new village, the land area allocated by the state for households to use is about 500m2. And the fact that Mr. Minh and Mrs. Dao's families have such a large land area is because they expanded it themselves during the process of using it.
Thus, it can be said that the two plots of land that Nghi Loc District People's Committee assigned to the family of Mr. Trinh Trong Duong and Ms. Lam Thi Tien are completely outside the 1,100m2 land area that has been granted a land use right certificate for Ms. Nguyen Thi Dao's household. The statement of Mr. Minh and Ms. Dao "Only now do we know that my garden is over 2,000m2" is completely unfounded, because in fact, the Land Use Right Certificate was granted to their family in 1993 with an area of 1,100m2. Since then, her family has not had any comments. Currently, the land area being used by Mr. Minh and Ms. Dao is still sufficient according to the cover and they do not have any documents proving that the land assigned to Mr. Duong and Ms. Tien is theirs.
Through this incident, Nghi Lien commune needs to learn from experience in land management, not allowing people to arbitrarily expand and encroach, in order to avoid similar incidents. At the same time, propagate and clearly explain the incident to relevant parties and resolve it thoroughly, not letting complaints drag on.
Article and photos: Dang Nguyen