SGGPO
On the afternoon of November 23, the Dong Nai Provincial People's Court overturned the first-instance judgment and returned the case file for further investigation into the case of converting public land into private land in Long Thanh district.
Accordingly, the two plots of land totaling nearly 2.5 hectares on map sheet number 20 (Binh Son commune) are not under state management, so the investigating agency needs to clarify who manages this land area and whether it is public or private land. If it is public land, the individuals and organizations responsible for the violations should be held accountable.
According to the panel of judges, the evidence collected in the case has not been fully examined, and the investigating agency has not clarified whether or not there was collusion to falsify documents in order to obtain land use right certificates.
Therefore, the Dong Nai Provincial People's Court decided to annul the entire first-instance judgment and return the case file to the Dong Nai Provincial People's Procuracy for reinvestigation, requesting clarification of the victim's status and the parties involved in the proceedings.
At the trial, the defendants all pleaded not guilty and requested the panel of judges to question and clarify the land origin assessment.
According to the indictment, in early April 2019, the Long Thanh District People's Committee inspected and verified the issuance of land use right certificates in Binh Son commune for a plot of land measuring over 0.7 hectares to Ms. Le Thi Tho and a plot of land measuring nearly 1.8 hectares to Ms. Nguyen Thi Loan (residents of Long Thanh district).
The verification results determined that the People's Committee of Binh Son Commune, the Long Thanh Branch of the Land Registration Office, and the Department of Natural Resources and Environment of Long Thanh District had advised and proposed to the People's Committee of Long Thanh District to issue the first land use certificate in May 2017 for two plots of land (total 2.5 hectares) to Ms. Tho and Ms. Loan, which was contrary to the law because this was public land managed by the state.
Subsequently, Ms. Tho and Ms. Loan transferred the land plot to two other individuals for 12.5 billion VND and were granted land use rights certificates by the Department of Natural Resources and Environment.
The irregularities in the aforementioned case of misappropriation of public land have resulted in the state losing the right to manage and use the two plots of land, with a total value of over 18.1 billion VND.
Previously, in June 2023, the Long Thanh District People's Court identified seven defendants in the case of illegally converting public land into private land, causing nearly 20 billion VND in losses to the state, and sentenced them for the crime of "Negligence Causing Serious Consequences". Specifically, Nguyen Van Be (former land administration official of Binh Son commune, Long Thanh district) received a 4-year prison sentence; Tran Quoc Tuan (former Chairman of the People's Committee of Binh Son commune) received a 3-year and 6-month prison sentence; and Nguyen Quang Thao (former official of the registration and statistics team, Provincial Land Registration Office, Long Thanh district branch) received a 3-year prison sentence.
Defendant Le Quoc Dat (former Deputy Director of the Dong Nai Provincial Land Registration Office, Long Thanh District branch) was sentenced to 2 years and 6 months in prison; Bui Van Hong (former surveying officer, Provincial Land Registration Office, Long Thanh District branch) to 2 years and 6 months in prison; Duong Thi Duyen (former specialist in the Long Thanh District Department of Natural Resources and Environment) to 2 years in prison but given a suspended sentence with a probation period of 4 years; Nguyen Hoang Nghia (40 years old, former Head of the Long Thanh District Department of Natural Resources and Environment) to 2 years of non-custodial correctional training.
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