Reviewing citizen complaints related to public land

Citizen Chau Thanh Dang (residing in Phu Xuan commune, Phu Tan district) disputed to reclaim the land of Phu Xuan Primary School (sub-site A2), requesting compensation for the damage caused by the construction of 2 classrooms over the past 27 years. According to the verification results of the competent authorities and local authorities, the information provided by the disputing parties has no basis to determine the legal origin of land use; the current status of the disputed land with 2 classrooms is public property.

According to Mr. Dang, in 1994, after transferring the land of about 924m2 from Mr. Tran Van Hai, Mr. Dang did not use it immediately because he was living with his family about 100m away (both on Than Nong Canal Street). Also in 1994, the People's Committee of Phu Xuan commune built 2 new classrooms on the land that Mr. Dang had transferred. He protested and complained to the leaders of the People's Committee of the commune. The leaders replied "let the construction be allowed, if it is Mr. Dang's family's land, the State will compensate" (the content of the meeting was recorded in the working book at the Office of the Commune Party Committee), but they waited forever without any consideration or resolution.

“In 1995, I leveled and renovated the land for living, planting trees, digging ponds; in 1996, I built a house, built it on the same level as 2 newly built classrooms. But because the Commune People's Committee mobilized me to move it back, and supported me with 500,000 VND, in 2008, I moved the house as requested. The land that Phu Xuan Commune People's Committee built 2 new classrooms was not the land that Ms. Tot donated to the school, but it was part of the scope and area of ​​land that Ms. Tot transferred to Mr. Hai, and Mr. Hai transferred to me. I have been complaining and requesting to resolve the land dispute for many years. On January 10, 2018, there was a conciliation record with the conclusion of the Conciliation Council "Unsuccessful conciliation". The Commune People's Committee built 2 classrooms for A2 sub-point, but for more than 10 years now they have not been used, the current condition has deteriorated, I request to return the land. On the other hand, for nearly 30 years, I have not been able to use land, affecting the economy and family life. Propose that the Provincial People's Committee consider supporting 130 million VND" - Mr. Dang expressed his opinion.

Mr. Chau Thanh is expressing his opinion.

At the meeting with citizens of Chau Thanh Dang on June 11, Vice Chairman of Phu Tan District People's Committee Nguyen Quoc Bao informed that the land was originally used by the family of Ms. Le Thi Tot, whose husband was Mr. Vo Van Dung, before 1994, and transferred to Mr. Tran Van Hai. After that, Mr. Tran Van Hai transferred it to Mr. Chau Thanh Dang (the transfer documents were handwritten, not certified by the local government). Phu Xuan Commune People's Committee built 2 new classrooms on the land that Mr. Dang said was the land he transferred from Mr. Tran Van Hai.

Deputy Director of the Department of Agriculture and Environment Vo Hung Dung said that on May 15, 2023, Mr. Dang filed a land dispute (land reclaim) and sent it to the Provincial People's Committee for resolution. On May 25, 2023, the Provincial People's Committee Office issued a document assigning the Department of Natural Resources and Environment (now the Department of Agriculture and Environment) to inspect the case and advise the Provincial People's Committee to consider and resolve it in accordance with the provisions of law. The land that Mr. Dang reclaimed has not been granted a land use right certificate and is identified in the public land management records as being in dispute. This land belongs to Ms. Le Thi Tot, whose husband, Mr. Vo Van Dung, donated it to the State to build a school, so there is not enough basis to hand it over to Mr. Dang.

Mr. Cao Thanh Son (Chairman of the Provincial Lawyers Association) commented: “Based on Article 236 of the 2024 Land Law, Mr. Chau Thanh Dang's case is a land dispute without a land use right certificate and one of the disputing parties is an organization. The disputing parties can choose one of two forms of land dispute resolution at the People's Committee of the competent level, or file a lawsuit at a competent court. However, according to current legal regulations, land disputes where there are houses, architectural objects, and construction works on the land, the authority to resolve the dispute belongs to the people's court".

After listening to citizens' opinions and analysis from departments, branches, and localities, the Alternate Member of the Party Central Committee, Deputy Secretary of the Provincial Party Committee, Chairman of the An Giang Provincial People's Committee Ho Van Mung assigned the Department of Agriculture and Environment to be responsible for reviewing all regulations, and working with the Provincial Inspectorate to advise the Provincial People's Committee on whether Mr. Dang's complaint is eligible for acceptance or not, and then proceed according to the procedures prescribed by law on resolving complaints in the land sector. Organizations and individuals in the case can choose to file a lawsuit in court to request consideration to protect their legitimate rights and interests.

Source: https://baoangiang.com.vn/ra-soat-lai-khieu-nai-cua-cong-dan-lien-quan-den-dat-cong-a422950.html