The People’s Procuracy of Hai Phong City (PPHPC) revealed that in 2022, they issued a recommendation to resolve a case involving a plot of land issued with two separate land-use right certificates. This situation left one family with an almost-completed house abandoned, while the other party was unable to reclaim their land.
According to the PPHPC, during their inspection of the civil case between plaintiff Doan Thien Huong and defendant 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. These actions failed to comply with legal regulations, impacting citizens’ lawful rights and interests and leading to disputes.
La Van Kien’s three-story house was nearly completed before construction halted due to a land dispute with Doan Thien Huong.
The PPHPC highlighted that the Land Registration Office – Thuy Nguyen Branch (former) was negligent in evaluating and advising on land-use right certificates for residents in the Ao Ca area of Thien Huong commune’s Village 8.
Specifically, the 2003 planning map indicated 30 plots, each 100m². Comparing the plot positions on the map with the land allocation records from Thien Huong commune, it was confirmed that Plot 09, Map Sheet 03, transferred by Doan Thien Huong from Tran Van Dong, was correctly located.
However, Plot 10, transferred by La Van Kien from Nguyen Thi Xinh, overlapped with Huong’s Plot 09. In reality, the area is missing one 100m² plot.
Both Huong and Kien’s land transfers were legally compliant. The issue stemmed from the Land Registration Office’s failure to thoroughly review and survey the Ao Ca area’s land fund, resulting in an inaccurate land-use right certificate for Xinh, which caused plot overlaps.
Currently, Kien has constructed a three-story house on Huong’s land, and there is no remaining land to allocate to either party.
The Land Registration Office’s negligence has severely impacted both Kien and Huong, leading to prolonged disputes since 2019.
The PPHPC emphasized the Land Registration Office – Thuy Nguyen Branch’s negligence in evaluating land-use right certificates for Ao Ca area residents in Thien Huong commune’s Village 8.
The PPHPC also noted that the records, documents, and information provided by the Land Registration Office – Thuy Nguyen Branch regarding the Ao Ca area plots in Village 8 did not match the actual land conditions.
Additionally, the Thuy Nguyen District People’s Committee was negligent in reviewing and approving these documents, leading to improper land allocation and certification, disrupting state land management and affecting citizens’ legal rights.
This negligence resulted in the dispute between Huong and Kien. However, the Thuy Nguyen District People’s Committee has not yet clarified responsibilities or comprehensively assessed the land allocation and certification process, prolonging the dispute and impacting both parties and local government credibility.
La Van Kien’s house, almost ready for occupancy, has been abandoned for five years due to the dispute.
Given these issues, the PPHPC has requested the Director of Hai Phong Department of Natural Resources and Environment and the Chairman of Thuy Nguyen District People’s Committee to clarify the responsibilities of individuals and organizations involved in land certification and allocation. Appropriate measures should be taken against violators.
Both leaders are also urged to enhance accountability within their departments and improve land management practices. The Thien Huong commune and district authorities must thoroughly review land allocation and certification processes to resolve the dispute fairly.
The PPHPC also recommends addressing the legal rights of Huong and Kien according to the law.
However, the PPHPC has not received any updates on these recommendations from the Hai Phong Department of Natural Resources and Environment or the former Thuy Nguyen District People’s Committee since 2022.
VTC News will continue to report on this case.
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