1 resident in Thanh Hai commune was hindered from land use rights

The land was granted to Mrs. Nhac but Mr. Minh still believes that it belongs to his family.

According to the petition, on August 30, 2018, Ms. Nhac bought a plot of land with a house with a total area of ​​nearly 300 m2 worth more than 1 billion VND from Ms. Vuong Thi Mui (same village). On December 24, 2018, the People's Committee of Thanh Ha district issued a land use right certificate to Ms. Nhac. After Ms. Nhac used the land for a short time, she was prevented by Mr. Nguyen Danh Minh (Mrs. Mui's son) and his wife and children from cleaning the garden. The garden gate was locked by Mr. Minh and his wife. On February 19, 2019, Mr. Minh and his wife continued to break down more than 11 m of the surrounding wall of the land plot, and covered the gate with bricks. On March 16, 2022, the couple demolished the old gate and surrounding wall on the land under Ms. Nhac's ownership. Not stopping there, Mr. Minh also arbitrarily demolished the fence separating Mrs. Nhac's land and his house, poured concrete on her land and used the land from the beginning of 2019 until now. When Mrs. Nhac and her children came to ask Mr. Minh and his wife to stop the "property appropriation" behavior, the couple held weapons and threatened.

Mrs. Nhac's land was fenced and used by Mr. Minh and his wife.

When Hai Duong Newspaper reporters met Mr. Minh, he said that the local authorities had repeatedly asked him to return the land to Ms. Nhac, but "there were no documents proving that this land was under Ms. Nhac's right to use."

Mrs. Vuong Thi Mui and Mrs. Nguyen Danh Mai had four children together. Later, Mrs. Mai passed away, and Mrs. Mui had three more children, including Mr. Minh. The above land belonged to the two of them. After registering the land use rights according to the 299-meter map in 1984, Mrs. Mui was registered as the land user and entered into the land registration book, but had not yet been granted a land use right certificate. In 2003, the People's Committee of Thanh Hai commune and the People's Committee of Thanh Ha district completed the procedures to grant a land use right certificate for a 465 m2 plot of land to Mr. Minh and his wife, without the opinion of Mrs. Mui and Mrs. Mai's children. Later, when he learned about the incident, Mr. Nguyen Danh Mao (the two of them's son) filed a request to cancel the land use right certificate. After conducting appraisal, measurement, and determining the current status of land use of 476.5 m2, on July 31, 2013, Thanh Ha District People's Court tried and annulled the land use right certificate granted to Mr. Minh and his wife, and transferred the right to use 311.5 m2 of residential land to Mrs. Mui and her children, while the couple was allowed to use 163 m2. In 2016, Thanh Ha District Civil Judgment Enforcement Office enforced the above judgment. Afterwards, Mr. Mui's children transferred all the land to their mother for use. Mr. Mui sold 294.5 m2 to Mrs. Nhac.

However, Mr. Minh "still thinks that the land belongs to him" according to the land use rights certificate in 2003 (which was canceled by the People's Court of Thanh Ha district).

Working with us, Lieutenant Colonel Vu Hong Khanh, Deputy Chief of Thanh Ha District Police, said that the agency had received Ms. Nhac’s petition and determined that this was a case under the commune’s jurisdiction. After Mr. Mui transferred the land use rights to Ms. Nhac, the boundary was not clearly defined and the boundary between households was not signed, leading to land disputes.

Ms. Nhac has submitted a petition to the Thanh Hai Commune People's Committee to help and regain land use rights. According to the leaders of Thanh Hai Commune, the Commune People's Committee and organizations have repeatedly invited Mr. Minh's family and Ms. Nhac to work together to measure and determine the boundaries of each plot of land, but Mr. Minh did not come. The organizations have come to persuade and propagate, but Mr. Minh not only did not cooperate but also cursed, prepared weapons, petrol bombs, and gas to resist the working group. The Thanh Hai Commune People's Committee has reported the incident and requested Thanh Ha District to give instructions.

Part of Ms. Nhac's petition to the authorities

Mr. Vu Viet Anh, Chairman of Thanh Ha District People's Committee, said that the District People's Committee has repeatedly directed Thanh Hai commune to resolve the matter, ensure security and order in the locality. In case the commune cannot resolve the matter and encounters difficulties, it will propose to the district and relevant agencies for support. The district has requested the commune to develop a detailed plan to support security forces in case Mr. Minh and his wife do not return the land to Ms. Nhac and deliberately resist. However, the latest written report that Thanh Hai commune sent to Thanh Ha District People's Committee in September 2022 did not have a clear proposal, causing the matter to be delayed and prolonged.

The delay in handling the case by the commune has resulted in citizens not being able to reclaim their rights for many years. This is the main reason why citizens are upset and send "cry for help" petitions to provincial agencies, causing insecurity and disorder in the locality.

PV