The People’s Procuracy of Hai Phong City (PPPC) revealed that in 2022, they issued a recommendation to resolve a case involving a plot of land issued with two separate land titles. This situation forced one family to abandon their nearly completed house, while the other party was unable to reclaim their land.
According to the PPPC, during their inspection of the civil case between plaintiff Ms. Doan Thien Huong and defendant Mr. La Van Kien (both residents of Thien Huong commune, former Thuy Nguyen district), they discovered that the Thuy Nguyen District People’s Committee and the Land Registration Office – Thuy Nguyen Branch (former) had made errors and violations in issuing land use right certificates (LURCs). These actions failed to comply with legal regulations, impacting citizens’ lawful rights and interests and leading to disputes.
Mr. La Van Kien’s three-story house was nearing completion when construction halted due to a land dispute with Ms. Doan Thien Huong.
The PPPC highlighted that the Land Registration Office – Thuy Nguyen Branch (former) was negligent in evaluating and advising on the issuance of LURCs for households in the Ao Ca area of Thien Huong commune’s Village 8.
Specifically, according to the 2003 planning diagram, there were 30 plots, each measuring 100m². Comparing the plot positions on the diagram with the land allocation records from Thien Huong commune, it was confirmed that Plot 09, Map Sheet 03, transferred by Ms. Huong from Mr. Tran Van Dong, was correctly located.
However, Plot 10, transferred by Mr. Kien from Ms. Nguyen Thi Xinh, overlapped with Ms. Huong’s Plot 09. In reality, the area is missing one 100m² plot.
Both Ms. Huong and Mr. Kien’s land transfers fully complied with legal regulations. The issue arose from the Land Registration Office’s failure to thoroughly review and survey the total land fund in Ao Ca, leading to Ms. Xinh’s LURC being issued inaccurately and causing plot overlaps.
Currently, Mr. Kien has constructed a three-story house on Ms. Huong’s land, and there is no remaining land to allocate to either party.
The Land Registration Office’s negligence has severely impacted both Mr. Kien and Ms. Huong, resulting in prolonged disputes and complaints since 2019.
The PPPC emphasized the Land Registration Office – Thuy Nguyen Branch’s negligence in evaluating and advising on LURC issuance for Ao Ca area households in Thien Huong commune’s Village 8.
The PPPC also noted that the records, documents, and information provided by the Land Registration Office – Thuy Nguyen Branch regarding the Ao Ca area plots in Thien Huong commune’s Village 8 did not match the actual land conditions.
Additionally, the Thuy Nguyen District People’s Committee was negligent in reviewing and verifying the submission documents, leading to improper land allocation and LURC issuance, which violated state land management regulations and affected citizens’ rights and obligations in land-related legal relationships.
This negligence resulted in the dispute between Ms. Doan Thien Huong and Mr. La Van Kien. However, the Thuy Nguyen District People’s Committee has not yet thoroughly investigated responsibilities, comprehensively assessed land allocation and LURC issuance records, or examined statements from responsible officials during the land allocation period to definitively resolve the dispute. This has impacted the interests of the involved parties and the local government’s reputation.
Mr. La Van Kien’s house, nearly completed and ready for occupancy, has been abandoned for the past five years.
Given these errors and violations, the PPPC requested the Director of the Hai Phong Department of Natural Resources and Environment and the Chairman of the Thuy Nguyen District People’s Committee to clarify the responsibilities of individuals and organizations involved in LURC issuance and land allocation. Appropriate measures should be taken against violators.
The PPPC also urged these leaders to conduct a collective review, enhance responsibility awareness among units and individuals under their management, and improve land management practices. This includes the Thien Huong Commune People’s Committee, the Thuy Nguyen District People’s Committee, and relevant officials involved in land allocation and LURC issuance for this case.
Furthermore, the PPPC recommended addressing the rights of Ms. Doan Thien Huong and Mr. La Van Kien in accordance with the law.
However, the PPPC stated that as of 2022, they had not received any feedback on the implementation of these recommendations from the Hai Phong Department of Natural Resources and Environment or the former Thuy Nguyen District People’s Committee.
VTC News will continue to report on this case!
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