Strictly handle violations at Yen Thanh Land Use Rights Registration Office

(Baonghean) - Nghe An Newspaper received a petition from households residing in Hamlet 2, Yen Thanh Town, Yen Thanh District, accusing Mr. Hoang Van Trong, Director of the Office of Land Use Rights Registration of Yen Thanh District, of incorrectly determining the land use right limit (area) for many households, and at the same time directing the collection of fees and appraisal fees for granting land use rights in violation of regulations...

According to the reflection, the determination of residential land limits in the Land Use Right Certificate has been clearly stipulated by the Provincial People's Committee in Article 4, Decision No. 146/2007/QD - UBND, dated December 19, 2017 and Article 8, Decision No. 46/2013/QD - UBND, dated August 21, 2013... Accordingly, "In case the People's Committee at the commune level determines the area or boundary of the land plot used stably before December 18, 1980, which is currently not in dispute, the residential land area is determined to be the entire area of ​​the land plot used stably before December 18, 1980, the remaining area (if any), used after December 18, 1980, is determined according to the agricultural land group". The document of the Provincial People's Committee stipulates that, but when granting Land Use Rights Certificates to many households in Yen Thanh Town, Mr. Hoang Van Trong - Director of the Land Use Rights Registration Office, took a common residential land limit of 200m2, the remaining land area was classified as agricultural land.

Mr. Phan Doan Nghia and Mr. Nguyen Viet Thao presented the case.

For example, Mr. Phan Doan Nghia's family, residing in Hamlet 2, Yen Thanh Town. The land Mr. Nghia is using

Invoice for collecting appraisal fee for granting land use rights in violation of regulations

belonging to plot number 748, map sheet 02 (map 299) measured in 1992, now plot number 30, map sheet 05, with residential land origin before 1945, area 574.4m2. The town People's Committee determined that it is long-term residential land, without disputes, in accordance with planning and fully performing financial obligations. According to the regulations of the Provincial People's Committee, Mr. Nghia's family will be determined that the entire area of ​​the above land is residential land.

However, when issuing the Land Use Right Certificate, Mr. Hoang Van Trong only approved for Mr. Nghia's family 200m2 of residential land and 374.4m2 of land for perennial crops. Similarly, in the case of Mr. Nguyen Viet Thao, also residing in Hamlet 2, Yen Thanh Town, according to the regulations of the Provincial People's Committee, Mr. Thao's family will be determined to have the entire area of ​​720m2 as residential land. However, when issuing the Land Use Right Certificate, Mr. Hoang Van Trong only approved for Mr. Thao's family 200m2 of residential land and 520m2 of land for perennial crops.

In addition, the families of Mr. Phan Hoan, Mr. Phan Doan Suc, Mr. Phan Van Trung, Mr. Nguyen Huu Thong... all residing in Hamlet 2, Yen Thanh Town, are also among the cases where the Land Use Rights Registration Office has determined the wrong residential land area. According to Mr. Phan Doan Nghia, determining the wrong residential land area will make it difficult for people, because when families want to expand the residential land area, they must apply for permission to change the land use purpose and pay the land use purpose conversion fee according to regulations.

In addition, households reported that, based on Official Dispatch No. 4922/UBND.DC dated August 3, 2009 of the Provincial People's Committee, 53 households in Yen Thanh Town, which were granted land use right certificates on December 9, 2008, had the origin of land use rights recognized by the State, so they did not have to pay the appraisal fee for granting land use right certificates. However, these 53 households still had to pay the appraisal fee as required by the Land Use Right Registration Office, with a total amount of VND 6,360,000 (VND 120,000/certificate).

All of the above reflections, in the Conclusion Notice No. 133/TB.UBND.TTr of the People's Committee of Yen Thanh district dated August 7, 2013, clearly stated: "Mr. Trong directed the Land Use Right Registration Office to determine the residential land limit for the above households not in accordance with the provisions of Decision No. 146/2007/QD-UBND of the People's Committee of Nghe An province, which is a correct reflection". The conclusion also stated that "The Land Use Right Registration Office collected appraisal fees for granting Land Use Right Certificates for the above 53 households, which is in violation of the regulations compared to Official Dispatch No. 4922 of the Provincial People's Committee". Mr. Nguyen Vinh Cu, Chief Inspector of Yen Thanh district, said: Based on the verification of the reflections, currently, according to the direction of the District People's Committee, in cases of incorrect determination of residential land limit, the Land Use Right Registration Office has re-determined. For cases that have paid the fee, please come to the Land Use Right Registration Office to receive the money back...

Thus, the reflections of households in Hamlet 2, Yen Thanh Town are correct. Therefore, the People's Committee of Yen Thanh District needs to promptly direct the Land Use Right Registration Office to review the determination of residential land limits for households and individuals in the recent past that the District Land Use Right Registration Office has implemented. If it is not correct, the Land Use Right Registration Office must coordinate with the People's Committees of communes and towns to promptly adjust for households and individuals in accordance with regulations. At the same time, review cases where the Land Use Right Registration Office has collected appraisal fees for granting Land Use Right Certificates in violation of regulations to refund the collected amount to households and individuals who have paid. Through this incident, the People's Committee of Yen Thanh district needs to direct a serious review of the individuals and collectives involved, especially Mr. Hoang Van Trong, who acted irresponsibly, causing errors in determining residential land limits, as well as implementing the collection of fees and appraisal fees contrary to regulations, and not letting the matter drag on, causing prolonged complaints.

Article and photos:Quang An