In 1982, Mr. Duong Quoc Luyen (born in 1962) and his wife left Con Son village (formerly Son Tien commune), traveling more than 2 km to the "Tan An camp" area (now Hung Son village) on the border of Ha Tinh and Nghe An provinces to clear land and start a new life. From a barren, mountainous area, the couple gradually cleared the land, built a house, and cultivated an area of more than 1 hectare.
After more than 44 years of living there, the family has settled down and their children have grown up; however, the entire area of land they are using has not yet been issued a land use certificate (red book).
At that time, this area belonged to the Dung Tien Agricultural Cooperative, and Mr. Luyen's family also participated in the cooperative and fulfilled their financial obligations as stipulated. Around 1990, the cooperative dissolved, and the family stopped paying land tax. In 2000, Mr. Luyen's household was allocated 2,300m2 out of a total of over 10,000m2 of land by the People's Committee of Huong Son District (formerly) according to Decree 64/CP. However, to this day, the legal documents regarding land use rights have not been completed.
Because they have not yet been issued land ownership certificates, Mr. Luyen's family faces difficulties in determining the boundaries between residential land, garden land, and production land; the division and disposition of assets are also not smooth, mainly carried out on the basis of family agreements, lacking a complete legal basis for long-term stability.
Mr. Luyen stated that due to the lengthy waiting period, he was forced to divide the land among his children upon their marriage to ensure they had stable housing. The division was primarily based on family consensus, and the lack of complete legal documentation presented many limitations in the process.
Similarly, Mr. Dau Quoc Trinh (born in 1963) owns over 10,000 square meters of reclaimed land, put into use since 1991, but has yet to receive a land ownership certificate. He still keeps the receipt for the 20,000 VND land allocation fee paid to the People's Committee of Son Tien commune (formerly) at that time. However, after many years, the legal documents regarding his family's land use rights are still incomplete.
Mr. Trinh stated that the lack of a land ownership certificate has caused his family difficulties in civil transactions such as borrowing money, repairing their house, and investing in production due to the lack of legally valid collateral. Therefore, he hopes that the relevant authorities will pay attention and promptly consider and resolve the issue so that his family can have stable long-term land use.
According to statistics from the People's Committee of Son Tien commune, Hung Son village currently has about 40 households, formed from land reclamation efforts from the 1960s to 2000s. The total area of land currently in use is approximately 400,000 m2.
According to the provisions of the 2013 Land Law and Decree 43/2014/ND-CP, cases of stable land use before July 1, 2004, without disputes and in accordance with planning may be considered for the issuance of land use certificates, even in cases where there are not complete documents on land use rights, provided that the conditions stipulated in the regulations are met.
In reality, the households in Hung Son village have a long and continuous history of land use, fulfilling financial obligations and living stably over many periods. However, the process of obtaining land ownership certificates has not yet been fully resolved.
The initial cause was identified as being related to historical factors, as the area had previously experienced encroachment and illegal settlement between the bordering provinces of Ha Tinh and Nghe An. By 2015, the two localities had coordinated to review, demarcate, and agree on adjusting the administrative boundaries, based on the principle of maintaining the stability of the existing population and clearly defining responsibilities for land management.
Ms. Nguyen Thi Hien, Head of Hung Son village, said: “During my three terms as village head and a representative of the commune People's Council, I have participated in many meetings related to this issue. The local authorities have received opinions and suggestions from the people and compiled reports to the competent authorities. The people hope that the obstacles will be resolved soon so that they can complete the legal procedures regarding land and stabilize their lives in the long term.”
According to Mr. Le Dai Viet, a specialist in the Economic Department of Son Tien Commune People's Committee, this is a long-standing unresolved issue involving historical factors and legal documents spanning multiple periods. The local government has repeatedly reviewed, compiled, and submitted proposals to relevant provincial agencies for consideration and resolution. In the future, the locality will continue to coordinate with relevant departments to review all documents, clarify issues related to land origin, usage history, and procedures following administrative boundary adjustments, and then propose a solution in accordance with regulations.
It is clear that the issuance of land use rights certificates to households in Hung Son village directly relates to the rights of land users and land management in the locality. This is also an issue that the people have repeatedly petitioned for and hope to be addressed soon. It is suggested that the relevant authorities should promptly review and gradually resolve the obstacles, ensuring legitimate rights according to regulations, while contributing to the stability of life and economic development in the area.
Source: https://baohatinh.vn/cham-cap-so-do-o-son-tien-hang-chuc-ho-dan-mon-moi-cho-doi-post309574.html
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