Real estate transactions in Soc Son face difficulties

Transaction problems

Mr. Nguyen Hong Tuan (investor) shared that in 2019, his family bought a piece of land in Minh Phu commune, Soc Son with a land area in the red book of 1,200m2 (this red book was issued by the People's Committee of Soc Son district in 1992). After completing the notarization procedure, he submitted the application for changing the name of the book at the one-stop office of Soc Son district. However, according to the announcement result, this red book was in the category of being issued in excess of the land limit, so the name change procedure could not be carried out.

“My family is very worried because the money has been paid in full, the notarization of the transfer of ownership has been completed. Now, to get the book back, I have lost everything. The red book of this land was issued by the State with a red seal, so I dare to buy it, so I cannot force the people to suffer the consequences,” said Mr. Tuan.

Not only is it difficult to transfer land, the granting of land beyond the land use limit is directly affecting the rights of people who lost land when relocating the Nam Son landfill.

Exceeding the land use limit makes it difficult for people to enjoy resettlement policies.

Ms. Nguyen Thi Mai is one of 14 households that must be relocated within a range of 0 - 100m of the landfill's impact area. According to the standards, her family is entitled to the resettlement land allocation policy. However, due to the conclusion of the City Inspectorate, the first issuance of red books to these families was incorrect because they exceeded the residential land limit, so when selling a part or dividing or giving away, many books no longer had residential land area. According to regulations, although many households have books recording that they have residential land, they are still not eligible for the resettlement policy.

“My red book has 1,800 square meters of residential land. In 2017, I divided it among my four children, each of whom gets 400 square meters. The red book has been transferred to their names. Now, the government does not recognize this 1,800 square meters but only gives me 400 square meters. If I go to the resettlement area, I will only receive one resettlement land plot of 70-80 square meters, and my family will not be able to live. Therefore, we still have to stay here to live and build barns to raise our family,” Ms. Mai said indignantly.

Mr. Tran Ngoc Ha - Chairman of Hong Ky Commune People's Committee said that due to the problem of land use limit in the red book, currently only the red books that do not exceed the limit will be considered for resettlement for people at Nam Son landfill. The red books that exceed the limit will be revoked and then reissued according to the limit to the original owner. However, during the long period from 1993 to 2015, the original owner's red book was then divided, bought and sold many times and all the books were separated by competent authorities and the people had fulfilled all their financial obligations, so the relocation of people to new places of residence encountered many difficulties even though the resettlement areas had been fully invested in infrastructure by the district, just waiting for people to move in.

Need government to remove obstacles

Speaking to reporters, Mr. Nguyen Van Toan - Acting Head of the Department of Natural Resources and Environment of Soc Son district said that out of 12,000 red books, 3,000 books were issued from 1993 - 2000; 9,000 books were issued from 2005 - 2012. All households used the land before 1980.

Currently, the District People's Committee has mobilized 1,000 households to voluntarily adjust their residential land limits in accordance with regulations. There are still 11,000 books that have not been processed.

According to Mr. Toan, the handling of red books issued in excess of the limit encountered many difficulties due to the process of using registered households changing, changing, re-issuing certificates after separation, sale, transfer, donation, so it is impossible to revoke the Certificate of land use rights issued in violation of the provisions of Article 106 of the Land Law, Decree 148/2020/ND-CP dated December 18, 2020 of the Government.

"When carrying out site clearance, if compensation is based on the residential land area stated on the Certificate, it is not in accordance with regulations. If compensation is based on the initial limit (not exceeding 400m2/household), the households will not agree," said Mr. Toan. In particular, households within the site clearance scope of the project will relocate to the 0-500m environmental impact zone and will face many difficulties when carrying out site clearance according to the planning of Noi Bai International Airport in the upcoming period.

Director of Hanoi Department of Natural Resources and Environment Nguyen Huy Cuong said that for the 12,000 cases of land exceeding the limit in Soc Son district, the Government Inspectorate had previously concluded on this matter. However, it is impossible to issue a common mechanism to resolve the issue, but Soc Son district needs to classify it to resolve it together on the principle of reason and emotion. The entire political system needs to get involved to resolve this issue.

Source