Regarding the article “Issuance of Land Use Right Certificate in Block 13, Hung Nguyen Town…”

(Baonghean) Nghe An Newspaper No. 9398 published on April 25, 2013, published the article "Issuance of Land Use Right Certificate in Block 13, Hung Nguyen Town: Needs internal family consensus".

After the newspaper was published, on May 20, 2013, Nghe An Newspaper received Official Dispatch No. 309/UBND of Hung Nguyen District People's Committee dated May 16, 2013 with the following content: "The article relates to the Hung Nguyen People's Committee issuing a Land Use Right Certificate to Mr. Luu Duc Cuc (son of Mrs. Ngo Thi Em) in 1996, according to Decree 64/CP of the Government; and the District People's Committee revoked and canceled that certificate, according to the decision to resolve the second complaint of the Provincial People's Committee against Mrs. Ngo Thi Em, Block 13, Hung Nguyen Town; at the same time, instructed the family to carry out the procedures according to regulations, so that the District People's Committee can re-issue the Land Use Right Certificate (red cover) with the name of Mrs. Ngo Thi Em, if the family has a document dividing the inherited property or dividing according to a civil judgment of the court.

First of all, the People's Committee of Hung Nguyen district would like to thank Nghe An Newspaper for promptly publishing the citizens' opinions and recommendations; on the other hand, it has explained a number of issues to help Ms. Ngo Thi Em better understand the provisions of the law, which the People's Committee of the district has also explained many times. However, it is necessary to clarify some inaccurate contents of the newspaper, which may lead to citizens and public opinion misunderstanding, namely:

1. Regarding the content "Through this incident, it can be seen that Ms. Em's complaint is well-founded". Saying so without further explanation, it can be misunderstood that Ms. Em's complaint is correct, and that in 1996 the District People's Committee issued a red book to Mr. Cuc was wrong...

2. …The authorities in general and the district People's Committee in particular are not wrong, so why does the newspaper say that it is necessary to seriously review and learn from experience?

3. In the article, the author stated “experience in the issue of considering granting Land Use Right Certificates for cases where the owner is not yet determined”. Saying so is confusing the concept of “ownership” with the concept of “use”…”.

First of all, Nghe An Newspaper thanks the People's Committee of Hung Nguyen District for their monitoring and timely response to the issues raised by the newspaper. Regarding the contents that the People's Committee of Hung Nguyen District believes the newspaper raised are inaccurate, Nghe An Newspaper would like to exchange as follows:

Firstly, Nghe An Newspaper's assertion that Ms. Em's complaint is well-founded is correct. Because according to Report No. 4544/QD.UBND.KT dated January 20, 2009 of the Provincial Inspectorate on "Results of inspection and review of Ms. Ngo Thi Em's complaint", it concluded that "The issuance of Land Use Right Certificate No. 00513 QSDD/75 QD/UB dated April 6, 1996 by the People's Committee of Hung Nguyen District to Mr. Luu Duc Cuc, including a residential land area of ​​200m2, is not consistent with reality and legal regulations because: in the process of granting the Land Use Right Certificate, the People's Committee of Hung Dao Commune and the People's Committee of Hung Nguyen District have not clearly determined the land use rights...".

Next, in Official Dispatch No. 371/TTr.TD dated May 19, 2009 of the Provincial Inspectorate sent to the Chairman of the Provincial People's Committee once again affirmed that "The origin of the land plot that Ms. Ngo Thi Em and Mr. Luu Duc Cuc are using belongs to the land plot that Viet Thang Cooperative, Hung Dao Commune People's Committee granted to the family of Mr. Luu Duc Mien, Ms. Ngo Thi Em and Mr. Luu Duc Cuc before 1980 and has changed many times. The monitoring and management work of local authorities at all levels regarding the use of this land plot is still not strict and inaccurate in determining the land user and land area over the periods. Currently, there is no legal basis to accurately determine the origin of the land plot that Ms. Ngo Thi Em and Mr. Luu Duc Cuc are using. The People's Committee of Hung Nguyen district issued the Land Use Rights Certificate No. 00513/QSDD/75 QD.UB dated April 6, 1996 for Mr. Luu Duc Cuc is not accurate, because: in the process of granting the Land Use Rights Certificate, the People's Committee of Hung Dao Commune and the People's Committee of Hung Nguyen District did not clearly determine the land use rights.

On the other hand, Mr. Luu Duc Cuc, whose name is on the Land Use Rights Certificate, cannot represent his father, mother and other family members in the land use rights. In addition, before making the statement "Through this incident, it can be seen that Ms. Em's complaint is well-founded", in the article, the author also cited documents, materials and evidence related to the incident to come to this conclusion.

Second, regarding the content "The authorities in general and the district People's Committee in particular are not wrong, so why does the newspaper say that it is necessary to seriously review and learn from experience?". Regarding this issue, according to the conclusions of the Provincial Inspectorate that we cited above: "The monitoring and management work of local authorities at all levels regarding the use of this land plot is still not strict and inaccurate in determining the land user and land area over the periods." and "The issuance of Land Use Rights Certificate No. 00513/QSDD/75-QD.UB by the People's Committee of Hung Nguyen district on April 6, 1996 to Mr. Luu Duc Cuc is not accurate." Therefore, Nghe An Newspaper's statement that "local authorities at all levels of Hung Nguyen district need to seriously review and learn from experience" is correct.

Third, regarding the content, the author confused the concept of “ownership” and the concept of “use” in the sentence “drawing experience in the issue of considering the issuance of Land Use Right Certificates for cases where the owner has not been determined”. Regarding this issue, Nghe An Newspaper confused the concept of “ownership” and the concept of “use”, therefore, Nghe An Newspaper and the author sincerely apologize to readers and related parties and ask for experience.

Once again, Nghe An Newspaper and the author sincerely thank the People's Committee of Hung Nguyen district for their monitoring and feedback.

People's Committee of Hung Nguyen District - Nghe An Newspaper