Resolving the case of a man in Quynh Luu who lost his house and land because he worked far away

Return land to the people

On January 12, a leader of the People's Committee of Quynh Luu district said that the locality had just issued a document assigning relevant units to handle the case of citizen Tran Ba ​​Dinh (An Hoa commune), after receiving the results of the inspection and review of theWorking group established by the districtThis move comes after many years, Mr. Dinh filed a complaint about losing all his land and house after returning from working away from home.

“The Working Group and I have agreed and set up markers, accordingly I will receive back 81m.²located outside the school gate, while in the past I bought this plot of land from the commune with an area written on the cover as 100m2². But it is okay to suffer a little loss, anyway I want to settle it once and for all, waiting for too long is tiring. I also agree not to request compensation for the assets on the land that have been demolished,” said Mr. Tran Ba ​​Dinh.

Previously, during the review and working process with the Working Group, Mr. Tran Ba ​​Tan - former cadastral officer of An Hoa commune confirmed that Mr. Dinh's residential land was assigned by the Commune People's Committee with land use fees collected in 1996, the assigned area was about 100m² at plot 1284 and part of plot 1285, map sheet No. 1 (BD 299), the land use fee was 2 million VND. Mr. Tan was the person who directly assigned the land, collected the land use fee and then submitted it to the treasurer, with a receipt stamped by the Commune People's Committee. After being assigned the land, Mr. Dinh built a barber kiosk for a while and then handed it over to Mr. Vo Ngoc Hung to manage so that he could go to work far away. The Land Use Rights Certificate shows that this land plot has an area of ​​100m² of residential land, which Mr. Tan himself recorded after collecting money and assigning the land.

Mr. Ho Dinh Dung - former Deputy Secretary of the Party Committee of An Hoa commune, said that in 1996, the commune had allocated land to Mr. Dinh at the school gate, but the allocation of land was not discussed to have a policy among the commune leadership. However, Mr. Dung also confirmed that when allocating land to Mr. Dinh, Mr. Tan collected 2 million VND, which was consistent with the price at the time of 1996.

Meanwhile, Mr. Vo Ngoc Hung stated that in 2017, when clearing Mr. Dinh’s kiosk, he did not notify Mr. Dinh. After clearing the kiosk, the People’s Committee of An Hoa commune promised to give Mr. Dinh another plot of land, but so far it has not been done…

The working group concluded that in 1996, the People's Committee of An Hoa commune allocated residential land with land use fees to Mr. Tran Ba ​​Dinh at plot No. 73, map No. 16, which was an act of allocating land beyond the authority prescribed in Clause 3, Article 23 of the 1993 Land Law. On September 7, 2017, the People's Committee of An Hoa commune made a record agreeing on the plan to exchange land and dismantle the kiosk in front of the kindergarten gate with Mr. Vo Ngoc Hung (Mr. Hung was the person Mr. Dinh asked to look after the land and property). The record stated that the recovery of 80 square meters of land was not in accordance with the provisions of land and civil law. Because Mr. Hung was not the owner of the land and property on the land. This record violated the provisions on the authority to recover land in Clause 2, Article 66 of the 2013 Land Law.

“Mr. Tran Ba ​​Tan's act of arbitrarily adding the content of land plot No. 1285, map sheet No. 1, area of ​​100 m² of residential land to Mr. Dinh's land use right certificate is not in accordance with his official duties and violates his authority to issue land use right certificates. The content Mr. Tan himself entered is not legally valid. From the above content, it can be seen that in 1996, Mr. Dinh was assigned land by the People's Committee of An Hoa commune without authority with an area of ​​81.2 m², paid money to use the land, and has not been granted a land use right certificate. Currently, this land plot is outside the premises of An Hoa commune Kindergarten, has no assets on the land, and has not been declared or registered for land according to regulations,” the Working Group concluded.

Handling of violations by officials

The working group also pointed out shortcomings and violations of the People's Committee of An Hoa commune. Specifically, since the beginning of April 2024, the District People's Committee has issued an official dispatch to the People's Committee of An Hoa commune to review and report, but it was not until October that this work was carried out. The delay in performing the task for 5.5 months is a violation of the responsibility to perform public duties.

The responsibility for the above shortcomings and violations lies with the former Chairman of the Commune People's Committee and the cadastral officer of An Hoa Commune in 1996 for illegally allocating land and arbitrarily adding the content "area of ​​100 m² of residential land" to Mr. Dinh's land use right certificate. In addition, the Chairman, Vice Chairman of the An Hoa Commune People's Committee and related civil servants in the Minutes of land exchange agreement dated September 7, 2017 are also responsible for the incident.

After the Working Group concluded the inspection, the leaders of Quynh Luu District People's Committee issued a document assigning An Hoa Commune People's Committee to cancel the minutes of agreement on the land exchange plan and dismantle the kiosk in front of the Kindergarten gate, made and signed on September 7, 2017 between An Hoa Commune People's Committee and Mr. Vo Ngoc Hung. Hand over the land at plot No. 73, area 81.2m² to Mr. Tran Ba ​​Dinh on the basis of the minutes of boundary and boundary determination dated December 3, 2024 between Mr. Dinh and the Working Group. Instruct Mr. Dinh to declare and register the land plot in accordance with regulations, prepare a dossier to issue and exchange the Land Use Right Certificate for agricultural land plots according to the digital map, and request to revoke the Land Use Right Certificate issued by the District People's Committee on June 1, 1996 to Mr. Dinh during the issuance and exchange process. Organize a review of the responsibilities of relevant individuals and propose appropriate disciplinary measures (if any) according to regulations for allowing the above shortcomings and violations to occur.

The leaders of Quynh Luu district also assigned the Department of Internal Affairs to direct and guide the People's Committee of An Hoa commune to organize a review of individuals with the above shortcomings and violations and advise the District People's Committee to take appropriate measures according to the provisions of law. Assign the Department of Natural Resources and Environment to declare and register land plot No. 73, in accordance with regulations. Urge, guide and inspect the People's Committee of An Hoa commune in returning land and issuing and exchanging land use right certificates of Mr. Dinh...