Land dispute over self-purchase and exchange in Phu Thu

The disputed land area according to the complaint of Mr. Nguyen Xuan Hung (left photo). The ditch leading to the bidding site was previously renovated and leveled by the people to become a road (right photo).

Hai Duong Newspaper received a petition from Mr. Nguyen Xuan Hung (in zone 6, Phu Thu ward, Kinh Mon) reflecting the dispute over 160 square meters of residential land owned by his family with Mr. Truong Van Quang, Director of Hoang Oanh Import-Export Trading Joint Stock Company.

According to Mr. Hung's application, in 2006, his family bought a 4,225 m2 plot of land on the beach (locals call it "bãi thoi") from Mr. Nguyen Van Dinh (in zone 6, Phu Thu town, now Phu Thu ward). This beach land has no access to the main road. In 2009, Mr. Hung's family and Mr. Nguyen Van Vi's family (both in zone 6) agreed to transfer land to each other. Mr. Vi's family received 1,100 m2 of beach land and transferred 160 m2 of residential land to Mr. Hung. Mr. Vi made a transfer document that was certified by the local government. In 2014, Mr. Hung's family transferred the remaining area of ​​the beach land along with assets and crops to Mr. Tran Huy Hieu (in zone 2, Phu Thu ward). Mr. Hung's family did not transfer the 160 m2 of residential land to anyone. Every year, Mr. Hung still fully pays land tax.

After receiving the transfer of the land from Mr. Hung, Mr. Hieu transferred it to Mr. Truong Van Quang, Director of Hoang Oanh Import-Export Trading Joint Stock Company. In May 2021, Mr. Quang disputed 160 square meters of residential land from Mr. Hung's family. Mr. Quang claimed that he had received the transfer of this area because it was located within the area of ​​the main road. However, Mr. Hung affirmed that the receipt between him and Mr. Hieu only showed the transfer of the land and crops, and did not include the transfer of the main road. According to Mr. Hung, the transfer between Mr. Hieu and Mr. Quang included the part of the main road that Mr. Hieu later arbitrarily added.

According to the reporter's investigation, the auctioned land in Mr. Hung's reflection previously had no access road, only a drainage ditch behind the land of some households. Later, some households asked for permission to fill the ditch themselves to make a common road. From the land on the beach, to get to the main road, one must go through a part of Mr. Hung's residential land that was transferred from Mr. Vi.

Ms. Truong Thi Bon, Chairwoman of Phu Thu Ward People's Committee, said that after receiving Mr. Hung's application, the Ward People's Committee reviewed, resolved, and responded in accordance with the provisions of law. In July 2022, Phu Thu Ward People's Committee sent a report to Kinh Mon Town People's Committee on resolving the boundary dispute between Mr. Hung and Mr. Quang. The report confirmed that the 160 m2 of land that Mr. Hung's family received from Mr. Vi in 2009 was residential land with a clear origin. Mr. Hung had all the documents confirmed by Phu Thu Town People's Committee on July 13, 2009 in accordance with regulations. During the process of using the land for residential purposes, Mr. Hung paid annual non-agricultural land use tax. Therefore, for this area, Phu Thu Ward People's Committee concluded that it is under the management and use of Mr. Hung's family.

Regarding the handwritten sales contract between Mr. Hung's family and Mr. Hieu executed on August 30, 2014, Mr. Hung said that the sales documents with Mr. Hieu had added the phrase "path to the main road", while the sale only showed the transfer of assets and crops on the land. On July 9, 2021, Phu Thu Ward People's Committee worked with Mr. Hieu, Mr. Hieu affirmed that he did not write anything more on the receipt. The Ward People's Committee made a record and asked Mr. Hieu to take legal responsibility for what he had presented. On September 9, 2021, the Ward People's Committee worked with Mr. Hung, requesting to provide additional documents related to the land transfer, but Mr. Hung could not provide the original documents, so he could not invite the parties to confront. The Ward People's Committee clearly explained to Mr. Hung that the area used as a path is land managed by the locality, the two parties do not have the right to buy, sell, or transfer, and this buying, selling, or transfer does not go through the local government. Therefore, when a dispute occurs, both parties have the right to file a lawsuit in court.

Speaking to reporters, Mr. Hieu confirmed that there was no content modification or addition to the receipt. Mr. Hieu was the one who kept the original copy and later handed over the related documents when transferring it to Mr. Quang. We contacted Mr. Quang by phone and asked to meet him, but he refused to meet and said that he had sent a petition to the People's Court of Kinh Mon town, waiting for the court to resolve it.

Through the reporter's investigation, during the transfer process between Mr. Hung and Mr. Hieu, Mr. Hung did not keep the original receipt, only a photocopy, which was not notarized. The reporter compared the contents of the photocopy of the receipt and found that in the receipt of the advance payment of 200 million VND from Mr. Hieu's family, Mr. Hung wrote on August 30, 2014, on the first page, "cash receipt for the transfer of land and crops for bidding on shuttle yard", without the word "path". However, on September 16, 2014, when Mr. Hung received the full amount of 1.32 billion VND from Mr. Hieu, the receipt stated "receipt for the purchase of shuttle land, crops and path". On September 20, 2014, when Mr. Hieu transferred to Mr. Quang, the receipt between Mr. Quang and Mr. Hieu stated: "Cash receipt for the transfer of land for bidding on shuttle yard, assets attached to land and common path".

Regarding the project of Hoang Oanh Import-Export Trading Joint Stock Company, through the reporter's investigation, in September 2016, the Provincial People's Committee decided to invest in a project of a wharf for trading construction materials and coal processing at the wharf outside the Kinh Thay River dike, Phu Thu town (now ward). In November 2019, the Provincial People's Committee granted a land use right certificate to this company with an area of ​​8,841.5 m2. The land plot diagram granted to the company does not show the road leading to the disputed residential land plot.

The matter related to Mr. Hung's reflection is very complicated. The content of the sales and transfer contracts between Mr. Hung and Mr. Hieu, as well as between Mr. Hieu and Mr. Quang, were not approved by the local authorities. Therefore, when a dispute arises related to a civil contract, to determine whether or not there is additional content written in the contract, it is necessary to have the court's verification and conclusion as the basis for settlement.

PV