According to the petition, Mr. Cao Xuan Thuy said: In 2022, he submitted a petition to the People's Committee of Hoang Hoa commune to consider preparing a dossier and requesting the issuance of a land use right certificate at 2 locations: Land plot No. 20, map sheet No. 24, area 105.1m2 and land plot No. 629, map sheet No. 23, area 1075.6m2 is land for perennial crops.
Regarding the origin, Mr. Thuy stated: The two plots of land mentioned above were reclaimed and used by Mr. Cao Van Yen (Mr. Thuy's father) since 1988; in 1992, Mr. Cao Van Yen and his wife let Mr. Thuy and his wife manage and use them stably until now, without any disputes.
During the process of managing and using the above land plot, on April 11, 2006, the People's Committee of Hoang Hoa commune conducted a specific verification of the land plot that Mr. Cao Xuan Thuy's family was managing and using. Accordingly, the total area used by Mr. Thuy's family was 9,270m2. At the same time, the People's Committee of Hoang Hoa commune determined that the land use fee that his family had to pay was 12,875,000 VND. This amount was paid by Mr. Thuy to the People's Committee of Hoang Hoa commune on January 26, 2010 (shown in receipt number 0001208, book number 025 - PV). Along with that, from 1996 to present, Mr. Cao Xuan Thuy's family has continued to pay land tax and non-agricultural tax annually to the State.
In 2022, when Mr. Thuy applied for a land use right certificate for the above 2 plots of land, the People's Committee of Hoang Hoa commune determined that this was forest land managed by the People's Committee of the commune?!
Frustrated by this incident, Mr. Thuy went to find out and learned that the households bordering his family's land plot were all granted certificates of land use rights for residential land and land for perennial crops. However, for unknown reasons, the People's Committee of Hoang Hoa Commune determined that his land plot was forest land managed by the People's Committee of the Commune. From there, Mr. Thuy filed a complaint, hoping that the People's Committee of the Commune would verify the origin of the land plot and bring legal rights to his family.
In addition, according to the minutes confirming the current status of forestry land use to implement compensation for land acquisition and clearance for the construction of Hop Chau - Dong Tinh road, dated January 19, 2010, Tam Duong Commune People's Committee stated: "After checking, it was found that the household met the conditions for 50-year land allocation such as: The household has a need for land allocation, the land plot is not in dispute, not encroached upon, the household uses the land for the right purpose, according to the planning, the family has been using the land stably since 1992 until now".
However, in Document No. 13/CV-UBND dated January 13, 2023 on responding to the application for a land use right certificate and Decision No. 26/QD-UBND dated March 21, 2023 on resolving Mr. Cao Xuan Thuy's complaint, the People's Committee of Hoang Hoa commune affirmed that the two plots of land for which Mr. Thuy requested a land use right certificate are forest land under the management of the People's Committee of Hoang Hoa commune. Therefore, the request for a land use right certificate for the two plots of land for perennial crops is not eligible for settlement.
Hoang Hoa Commune People's Committee based on the following grounds: Through checking the land records stored at the Commune People's Committee and the actual land plot; the two land plot locations mentioned above that Mr. Cao Xuan Thuy, Village 4, Hoang Hoa Commune is using originated from production forest land assigned by the Commune People's Committee in 2006. Based on Decision No. 03/QD-UBND, dated January 9, 2001 of Tam Duong District People's Committee on revoking Decision No. 500/QD-UBND, dated October 10, 1996 of Tam Dao District People's Committee (old) deciding to assign forests and forestry land to organizations, households and individuals in Hoang Hoa Commune.
On April 11, 2006, the People's Committee of Hoang Hoa commune had a working record at Dat Doc A lot 03 forest on the allocation of land for sprouts to Mr. Cao Xuan Thuy's household, his wife, Mrs. Ha Thi Hung, to manage with an area of 9,270m2, the amount to be paid was 12,875,000 VND. However, Mr. Thuy did not pay the above amount to the People's Committee of the commune.
Mr. Thuy was upset: My family has paid money to Hoang Hoa commune since 2010, there is no way the family is delaying. You can confirm again, but if the commune says it has not paid yet, the commune must be responsible before the law, my family still has the payment receipt.
Although the People's Committee of Hoang Hoa Commune affirmed that the two plots of land that Mr. Cao Xuan Thuy's household is managing and using are forest land, managed by the People's Committee of the Commune. However, in Document No. 84/CV-HKL dated September 9, 2022 on providing information on land plots to the People's Committee of Hoang Hoa Commune, the Tam Duong District Forest Protection Department affirmed that the plot of land that Mr. Cao Xuan Thuy's household is managing and using is not within the planning boundary of the three types of forest land.
Speaking to reporters, Mr. Nguyen Van Nam - Head of the Tam Duong District Forest Protection Department said that, from the incident of Mr. Cao Xuan Thuy applying for a land use right certificate, the People's Committee of Hoang Hoa commune sent an official dispatch requesting the Forest Protection Department to determine whether Mr. Thuy's land plot was forest land or not? Based on the map, documents of the Department and the reality, the Department sent an official dispatch to the People's Committee of Hoang Hoa commune that Mr. Cao Xuan Thuy's land plot was not within the planning boundary of 3 types of forests.
To understand more clearly and objectively, the reporter had a meeting with Mr. Ha Khac Tu - Chairman of Hoang Hoa Commune People's Committee and Ms. Tran Thi Kim Phuong - Commune Land Officer. The reporter asked: Hoang Hoa Commune People's Committee confirmed that the two plots of land of Mr. Cao Xuan Thuy's household are forest land managed by the commune? Mr. Ha Khac Tu said: In fact, this plot of land is managed and used by Mr. Cao Xuan Thuy's household, Hoang Hoa Commune People's Committee does not manage and use these two plots of land.
Regarding the amount of 12,875,000 VND that Mr. Thuy's family has not paid to the commune, Mr. Ha Khac Tu admitted: Mr. Thuy's family has paid this amount to the commune since 2010. The reason, explained by Mr. Tu, is that the Commune People's Committee has not checked carefully, so they do not know that Mr. Thuy's family has paid the money.
Regarding the determination of the origin of Mr. Cao Xuan Thuy's land as forest land managed by the Commune People's Committee, Mr. Ha Khac Tu said: After receiving Mr. Thuy's application, the Hoang Hoa Commune People's Committee invited the specialized departments of Tam Duong district to a meeting and they confirmed that this was forest land, so the Commune People's Committee could not confirm otherwise. So the superiors confirmed the forest land, while Hoang Hoa Commune could only acknowledge it and turn it into land managed by the Commune. This is the underlying reason why Mr. Thuy was upset and could not change the land use purpose.
Mr. Ha Khac Tu also said that the Forest Protection Department's response was not qualified and correct, so it could not be used as a basis to respond to Mr. Cao Xuan Thuy's household. However, Mr. Ha Khac Tu always affirmed that the Commune People's Committee was not "narrow-minded" in verifying the land origin for Mr. Thuy's household. Currently, Mr. Thuy has sent a petition to the Tam Duong District People's Committee. If the District People's Committee determines that the land origin is not forest land, the Commune People's Committee will verify the land origin for Mr. Thuy's household.
Through this incident, it can be seen that the People's Committee of Hoang Hoa commune is the direct land management agency in the area, but the People's Committee of Hoang Hoa commune cannot clearly determine the origin of the land that the people are using. They have to consult many agencies but in the end, they issue an unconvincing and unreasonable response, making the people upset.
Before the above incident, the reporter scheduled a meeting with the People's Committee of Tam Duong district. However, more than a month has passed and the reporter still has not received any response from the People's Committee of Tam Duong district. We request that the competent authorities of Vinh Phuc province promptly intervene to resolve the incident to avoid prolonged complaints.
Natural Resources and Environment Newspaper will continue to inform.
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