Paid money, still not received certificate

Despite having fully paid her financial obligations as notified by the authorities, Ms. Phan Thi Hoai Mai (Vinh Phuong Commune, Nha Trang City) was still denied a Certificate of Land Use Rights and Ownership of Property Attached to Land (GCN). The Nha Trang City Land Registration Office (LRO) Branch admitted to having made mistakes in examining the documents, but to date the handling has not been consistent, causing losses to the people.

Completed financial obligations but the file is "suspended"

According to the petition sent to the People's Committee of Nha Trang City and Khanh Hoa Newspaper, Ms. Phan Thi Hoai Mai (Dac Loc 2 village, Vinh Phuong commune) said that she filed a request for a Certificate of Land Use Rights for plot No. 233, map sheet No. 36, area 714.6m² - the property to be divided after divorce according to Judgment No. 09 dated December 30, 2021 of the Provincial People's Court.

The land area where Ms. Mai is making a request.

On April 17, 2024, based on Ms. Mai's request, the Nha Trang City Real Estate Registration Office Branch conducted cadastral measurements according to Measurement Extraction Array No. 38-2024 to divide personal assets in accordance with Judgment No. 09. On April 25, 2024, Ms. Mai's application for a Certificate of Land Use Rights was received and then the Nha Trang City Real Estate Registration Office Branch transferred financial obligation information to the Nha Trang City Tax Department.

According to the announcement, the area requested to change the land use purpose is 350m², the land use fee that Ms. Mai must pay is more than 715 million VND. Because of the large amount of money, Ms. Mai had to borrow from many places to pay in full by October 9, 2024. In addition to the land use fee, she also paid more than 2 million VND in late payment fees and more than 5.1 million VND in registration fees, totaling more than 722 million VND. "I borrowed from the bank and friends, and from August 2024 until now, I have had to pay interest every month. But after completing the financial obligation, the application was "suspended" and not resolved," Ms. Mai was upset.

On March 3, 2025, Ms. Mai sent a petition to the Nha Trang City People's Committee regarding the delay in processing her application. On April 14, 2025, according to the transfer form of the Nha Trang City People's Committee, the Department of Agriculture and Environment (DARD) of the city responded in writing with the following content: "On April 4, 2025, the Branch of the Nha Trang City Land Registration Office sent a document to the DARD regarding the refusal to process Ms. Mai's application for a land use right certificate due to not meeting the regulations on land division in the province."

Ms. Mai wondered, if her land was not eligible for a land use right certificate, why did the Nha Trang City Land Registration Office not refuse to resolve it from the beginning, but instead transferred the file to the Nha Trang City Tax Department so that she had to pay the land use fee? Ms. Mai asked the agencies to clarify their responsibilities, requesting a refund of the amount paid and compensation for the monthly interest. At the same time, she requested a clear explanation of the reason for the refusal and detailed instructions so that she could continue to carry out the steps of dividing the land and issuing a valid land use right certificate.

No consensus on how to handle this

Working with reporters on May 21, Mr. Pham Xuan Thach - Director of the Nha Trang City Real Estate Registration Office Branch said that Ms. Mai's file was the procedure for issuing a certificate for the first time. However, the confirmation of the results of measuring the current status of the land plot carried out by the unit was to serve the division of assets after divorce, not to consider the conditions for land division. According to Mr. Thach, Ms. Mai's file did not meet the conditions for land division according to the regulations on the minimum area for land division for each type of land in the province. "This file should have been refused to be processed from the beginning. The unit's transfer of financial obligation information to the tax authority was an oversight in the verification process. On April 4, 2025, the unit sent a document requesting the Department of Agriculture and Environment to issue a notice of refusal to process the file. After receiving the official document, Ms. Mai will be considered for repayment of the financial obligations paid," said Mr. Thach.

However, the representative of the Department of Agriculture and Environment said that this unit could not issue a refusal notice because it found that the dossier processing procedure of the Land Registration Office Branch did not ensure legality during the examination process. Specifically, if the dossier did not meet the conditions for land division, why did the Land Registration Office Branch conduct a measurement, so that people could submit dossiers to register for a Certificate of Land Use Rights? Therefore, the Department of Agriculture and Environment returned the dossier, requested the Land Registration Office Branch to clarify the entire processing procedure, clearly state the legal basis and confirm that the dossier processing had full information and was in accordance with regulations, then there would be enough basis for the department to carry out the next steps in accordance with legal regulations.

While the relevant agencies have not yet agreed on how to handle the matter, and the rejection notice has not been issued, Ms. Mai still has to continue paying monthly interest on the loan of more than 715 million VND, while her application for a certificate of ownership has not been processed. The negligence is on the part of the authorities, but the consequences are borne by the people. We hope that higher authorities will soon intervene and direct the final handling of the matter, ensuring the legitimate rights of citizens.

THAI THINH

Source: https://baokhanhhoa.vn/xa-hoi/202505/da-nop-tien-van-khong-duoc-giai-quyet-cap-so-a6855ba/