Lesson 2: A plot of land has 7 duplicate land use right certificates
Also in Bac Binh district, the land seller has received the money, but the land buyer has not received the land use right certificate even though the transfer documents between the parties have completed legal procedures. The reason also stems from the local authorities issuing up to 7 duplicate land use right certificates on 1 plot of land.
Buyers and sellers are stuck.
According to the complaint of Mr. Nguyen Dong Ung (born in 1954) and Ms. Le Thi Cuong (born in 1956) of Binh Liem village, Phan Ri Thanh commune: On April 17, 2021, the couple transferred the land use rights to Ms. Duong Thi Thu Minh (Binh Long village) 2 agricultural land plots. One plot of land No. 25 has an area of 5,461.5 m2, in Dong Do area. This land plot has been transferred to Ms. Minh. The second plot is plot of land No. 23, with an area of 15,197 m2, also in Dong Do area, according to the land use rights certificate No. CM 710459 issued by the People's Committee of Bac Binh district on November 22, 2018 (referred to as plot 23). After applying for land and property changes, as well as paying registration fees, income tax... and completing legal procedures, they were just waiting for the day when Mr. Ung and his wife legally transferred the land use right certificate to Ms. Minh. However, on April 26, 2021, the Bac Binh Land Registration Office Branch issued an official dispatch requesting the withdrawal of the notice of financial obligations and the refund of the money paid. Through checking the cadastral map, this agency found that land plot No. 23 had been issued with 7 duplicate land use right certificates: Certificate No. BD 065934; BD 065569; BD 065933; BD 065932, BD 065936; BD 065935; BD 065931 issued by the District People's Committee on December 22, 2010 in the name of Mr. Tran Ngoc Hoang (receiving the transfer from Mr. Nguyen Thanh at GCN No. X 429558, according to the report No. 22/TTr-UBND dated March 2, 2021 of the People's Committee of Phan Ri Thanh commune). Therefore, the unit does not accept to process the above file. Now, the Branch of the Bac Binh Land Registration Office requests the Bac Binh - Tuy Phong Tax Department to withdraw the notice of determining financial obligations for the above case.
From December 28, 2021 to now, Mr. Ung and his wife have submitted 6 applications to adjust the Land Use Right Certificate for plot 23 to execute the contract of transferring land use rights to Ms. Duong Thi Thu Minh, because the transfer documents between Mr. Ung and Ms. Minh have completed legal procedures. After failing to change the name, Ms. Minh went directly to the Branch Office of the Land Registration Office of Bac Binh district and Phan Ri Thanh commune and was informed that plot 23 was wrongly assigned to someone in Ho Chi Minh City. The district will invite the relevant parties to resolve the issue by exchanging, revoking the old book and re-issuing a new book, keeping the land area of 15,197 m2.
Revoked because… the certificate was issued to the wrong person!
However, on December 9, 2022, Chairman of Bac Binh District People's Committee Mai Van Vu issued a decision to revoke the Land Use Right Certificate for plot No. 23. Accordingly, the Land Use Right Certificate, house ownership rights and other assets attached to land No. CM 710459 issued by the District People's Committee on November 22, 2018 for Mr. Nguyen Dong Ung and Ms. Le Thi Cuong at plot No. 23 on map sheet No. 33 with an area of 15,197 m2, land for perennial crops, in Dong Do area, Binh Liem village, Phan Ri Thanh commune was revoked. Reason for revocation: The above certificate was issued to the wrong subject or land user (based on point d, clause 2, article 106 of the 2013 Land Law). Request the Bac Binh Real Estate Registration Office Branch to update and correct cadastral records and guide the implementation of procedures for re-issuing the Land Use Right Certificate (if any). Mr. Ung and his wife have the right to appeal this decision to the Chairman of the People's Committee of Bac Binh district within 90 days or file an administrative lawsuit at the People's Court of Binh Thuan province within 1 year from the date of receipt of this decision.
In February 2023 and most recently on May 4, 2023, Mr. Ung and his wife continued to ask someone to file a complaint against the Decision on revoking the Land Use Right Certificate for plot 23 by the Chairman of the People's Committee of Bac Binh district. Mr. Ung and his wife are nearly 70 years old and admit that they are illiterate, so they have to ask someone else to file a complaint to the authorities in many places. “We are not familiar with the law, we only know that we sold the land and received money from the buyer, but could not get the certificate. As for the issue of two land use right certificates for two different land users, this was all measured, the procedures and order of the issuance of the certificates were done by the Bac Binh Land Registration Office Branch. I think the person responsible to the people is the competent authority, not us. When errors are discovered, the land management agency must measure and adjust to revoke and reissue the certificate to the land user, not make citizens go back and forth many times. Therefore, I do not agree with the district's decision to revoke without adjusting the land use right certificate for the area of 15,197 m2. If the land plot was issued in the wrong location, the district will invite relevant parties to resolve the issue by exchanging, revoking the old certificate and reissuing a new one while keeping the area of 15,197 m2 of my land intact,” said Mr. Ung and his wife.
“Our two plots of land have clear origins. We use, manage, produce crops, and grow long-term trees. The period of use is stable and continuous, with no disputes, and is in accordance with the planning. We only agree to hand over the Land Use Right Certificate for plot number 23 (notarized photocopy), requesting the Bac Binh Land Registration Office Branch to update and correct the land records and provide guidance on the procedures for issuing the certificate. When we have the adjusted Land Use Right Certificate (new certificate), we will hand over the old certificate,” Mr. Ung and his wife added.
After receiving the complaint from Mr. Ung and his wife, on May 24, 2023, the People's Committee of Bac Binh district continued to issue a document instructing Mr. Ung and his wife and related people to re-file the complaint according to regulations. According to the district's document, the complaint dated May 4, 2023 is not in accordance with Form No. 01 of Decree No. 124/2020/ND-CP dated October 19, 2020 of the Government; in the complaint, Ms. Duong Thi Thu Minh and Bui Thi Mi La (authorized by Mr. Ung) signed to confirm that the complaint is not in accordance with the provisions of the Law on Complaints. To ensure compliance with the legal provisions on the Law on Complaints 2011, the People's Committee of the district requested Mr. Ung and his wife to rewrite the complaint according to Form No. 01 (instructed and sent Form No. 01 at the meeting on April 13, 2023). In case after you have filed a complaint but due to force majeure you cannot participate in the coordination, you can authorize to exercise the right to complain. The authorization is made according to form No. 02 (instructions were given and form No. 02 was sent at the meeting on April 13, 2023).
The prolonged incident has exhausted both Mr. Ung (the land seller) and Mrs. Minh (the buyer). “The state agency has issued a document admitting that it issued duplicate certificates, but it has not proactively verified the error and then found a solution for the people, but instead forced the people to write a petition according to the form and go back and forth many times. So is this a disadvantage for the people?”, Mrs. Minh added indignantly.
Lesson 1: Going to extract the map… only to discover duplicates?
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