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According to the report on land violations in Ngoc Island (Tinh An commune, Quang Ngai city), out of 1,227 plots formed after separation, 737 plots had 1,018 changes in ownership.
Massive land division
On September 30, Chairman of the Provincial People's Committee Dang Van Minh issued a conclusion on the inspection of the implementation of policies and laws on land division and transfer of land use rights (LUR); and on land management and use in the Ngoc Island area (Tinh An commune, Quang Ngai city).
Accordingly, from 2015-2022, the division of land plots, self-clearance of roads when dividing land plots, and transfer of land use rights in Ngoc Island occurred in large numbers.
From 214 original plots of land, through many subdivisions, 1,227 plots of land were formed (an increase of nearly 6 times). Most of them were only divided on the plot division diagram in the records, while in the field, they remained the same as before the subdivision.
Of the 1,227 plots formed after separation, 737 plots have undergone 1,018 changes in ownership transfer.
Of which, 468/737 plots after separation were transferred to households and individuals with registered residence outside Tinh An commune, most of whom have not yet built houses.
At the time of inspection, there were still 156 plots/10.46 hectares of agricultural land that households and individuals were using and cultivating, but the People's Committee of Tinh An commune had not yet established procedures for leasing according to regulations.
The conclusion clearly stated that the consultation of the Provincial Land Registration Office - Quang Ngai City Branch, the appraisal of the Provincial Land Registration Office and the approval of the Quang Ngai Department of Natural Resources and Environment when handling the land division procedures, had many violations.
The settlement of procedures for dividing agricultural land plots without legal basis, the division of residential land plots without ensuring the minimum area leads to the granting of land use right certificates without basis; the settlement of procedures for merging land plots of different types of land and different land use periods is not in accordance with regulations.
Redetermination of residential land area in cases of gardens and ponds not in accordance with regulations for 21 cases with a total area of more than 4,139 m2, causing a loss of state budget with an estimated amount of more than 571 million VND.
There are 357 plots of land that were granted certificates of land use rights that are not qualified and not for the right purpose. However, up to now, 226/357 plots have been separated and transferred to other people, so the land use rights certificates cannot be revoked.
For the remaining 121/221 plots, the People's Committee of Quang Ngai province requested the Department of Natural Resources and Environment of Quang Ngai to establish procedures to revoke land use right certificates.
Request to review many individuals and groups
The inspection conclusion clearly stated that the violations in the land division in Ngoc Island had both objective and subjective causes. Among them, there were many subjective violations.
Specifically, the Department of Natural Resources and Environment advised the Provincial People's Committee to issue regulations on re-determining residential land area contrary to the land law provisions issued by the Central Government, leading to competent authorities handling procedures to re-determine residential land area when challenging plots for a number of households and individuals in violation of regulations.
This Department did not advise or propose to the Provincial People's Committee to direct solutions to remove shortcomings in procedures allowing people to donate land use rights or voluntarily return land to the State to build public works, leading to many shortcomings, arbitrariness, and non-compliance with regulations in the division of land plots with free access roads.
Quang Ngai City People's Committee did not fulfill its responsibility as the unit managing a specific area to proactively regulate or recommend and propose the Provincial People's Committee to make specific regulations to suit the conditions of the City People's Committee.
The Department of Natural Resources and Environment has not properly promoted the role of a professional agency, leading to violations in the Pearl Island area.
The Chairman of the People's Committee of Quang Ngai province assigned the Director of the Department of Natural Resources and Environment to study and advise the Provincial People's Committee to issue a document directing the correction and prevention of violations in the implementation of procedures for land division, land consolidation, re-determination of residential land area, change of purpose, and transfer of land use rights in the province; and establish procedures for revoking incorrectly issued land use rights certificates.
This Department reviews and clarifies the responsibilities of the collectives and individuals who advised the Provincial People's Committee to issue legal documents contrary to the provisions of the land law issued by the Central Government; and delayed in advising on regulations on the minimum area of land plots for each type of land.
Request the Director of the Quang Ngai Province Traffic Construction Investment Project Management Board to review all land recovery records and compensation for 52 households on 60 residential land plots in accordance with legal regulations.
According to Vietnamnet