Land violations in Cam Lam: Difficulty in overcoming consequences

Recently, Cam Lam District People's Committee issued an official dispatch on canceling the suspension of land change registration for 114 plots of land (including 2,385 plots) that donated land for road construction in the district, but the handling of violations of these plots is facing many difficulties. Therefore, Cam Lam District People's Committee reported to the Department of Natural Resources and Environment on the problems and proposed solutions.

Many decisions on land use conversion have been cancelled.

According to the report, on June 10, 2022, the Provincial People's Committee issued Conclusion No. 247 on the situation of land subdivision and sale in Cam Lam district. Implementing the conclusion, Cam Lam District People's Committee has canceled the decision to change the land use purpose and the document approving investment in traffic roads for the land plot in Cam Hai Tay commune of Mr. Luong Cong Dan and Mr. Vu Dinh Chinh. For the land plot of Ms. Tran Thi Phuong Ha in Cam Hai Tay commune, the District People's Committee has canceled the document approving investment in traffic roads, but not canceled the decisions to change the land use purpose. The reason is that from the time of changing the land use purpose to now, the land belongs to the residential land planning and is consistent with the types of planning maps and land use plans of the district in 2020 that have been approved.

The situation of donating land to build roads to divide plots along Thuy Trieu lagoon in the period 2018 - 2020.

Regarding the land plot (including 6 plots) of Mr. Luong Cong Danh and Ms. Tran Thi Phuong Ha in Bai Gieng 1 village (Cam Duc town), Cam Lam District People's Committee has issued 2 decisions to cancel the conversion of land use purpose for 2/6 plots because they are consistent with the land use planning until 2020 and the district's land use plan for 2020 , but not consistent with the general construction planning until 2025. Regarding the remaining 4 plots of land, the District People's Committee has not yet canceled them, because from the time of changing the purpose of use until now, all 4 plots of land belong to the residential land planning and are consistent with the types of planning maps and land use plans for 2019 of the district that have been approved.

In addition, in the process of implementing Conclusion No. 247 of the Provincial People's Committee, Cam Lam District People's Committee has issued an official dispatch requesting the Cam Lam Branch Land Registration Office to temporarily suspend the implementation of land change registration procedures for land plots in the above 3 areas; at the same time, requesting the District Economic and Infrastructure Department, People's Committees of communes and towns to inspect the construction, not allowing new construction in these areas.

End of suspension of land change registration

In 114 areas of land division, plot separation, and land donation for road construction, Cam Lam District People's Committee has counted that in Cam Duc town, there are 22 areas; Cam Thanh Bac commune has 38 areas; Cam Hai Tay commune has 35 areas; Suoi Cat commune has 7 areas; Suoi Tan commune has 10 areas; Cam Hiep Nam commune has 1 area and Cam Hai Dong commune has 1 area. The total area of land divided into plots is more than 55 hectares, divided into 2,385 plots. The area donated for road construction is more than 97,400 ^m2 . The report shows that there are 7 areas of land donation for self-construction of roads, plot separation, and transfer in accordance with traffic planning, of which 6 cases were issued by the district with approval documents for investment in road construction; The remaining 107 areas have no roads, are not suitable for traffic planning, then donate land to build roads themselves, of which 65 cases have written approval to build roads from the District People's Committee.

Recently, the Standing Committee of Cam Lam District Party Committee has established a Steering Committee and a Working Group to overcome the consequences of violations in land management and construction order. On November 23, 2022, Cam Lam District People's Committee issued an official dispatch on opinions on resolving issues related to 114 land plots that had been concluded to have violations in land management, in which it requested the Cam Lam Branch Land Registration Office to temporarily suspend the implementation of land change registration procedures for the above 114 land plots (2,385 plots).

Mr. Ngo Van Bao - Chairman of Cam Lam District People's Committee said that the temporary suspension of land change registration procedures for 2,385 plots of land in 114 areas is to limit the subdivision and sale of land that has occurred in the district. However, the temporary suspension of people's rights by Cam Lam District People's Committee is not in accordance with the provisions of the law. Currently, there are many complaints, petitions and complaints related to this matter. The District People's Committee has received 84 complaints from households related to the temporary suspension of land change by the District People's Committee. Therefore, on April 27, Cam Lam District People's Committee issued an official dispatch on ending the temporary suspension of land change registration. The reason is that the temporary suspension of land change registration after people have been granted a Land Use Right Certificate is not in accordance with the provisions of the Land Law, the Civil Procedure Law, etc.

Proposal to temporarily allow the existence of land plots

According to the report, Cam Lam District People's Committee has gradually corrected the violations according to the direction of the Provincial Party Committee and the Provincial People's Committee. However, after the District People's Committee canceled the documents approving the investment in traffic roads, there are no specific instructions on the next steps as well as how to resolve the problems arising after the cancellation of the documents approving the construction of traffic roads.

To resolve the difficulties in overcoming the above violations, Cam Lam District People's Committee has proposed that competent authorities consider allowing people to build houses if they have a need for 7 areas that donated land for road construction in accordance with the approved traffic planning. For the remaining 107 areas that donated land for road construction but are not in accordance with the traffic planning, the District People's Committee will cancel the documents approving road investment; assign Cam Duc Town People's Committee and communes to manage the donated land according to regulations. At the same time, it is proposed to temporarily allow the existence of the above land plots according to the purpose on the land use right certificate. However, construction is not allowed until it is in accordance with the detailed planning and meets the infrastructure conditions or there is a document of permission from competent authorities.

In early 2021, the Provincial People's Committee established an interdisciplinary inspection team chaired by the Department of Natural Resources and Environment to inspect land management and construction order in Cam Lam district. After that, the Provincial People's Committee issued Conclusion No. 247 on the situation of land subdivision and sale in Cam Lam district. According to the inspection results, from January 1, 2018 to June 30, 2021, Cam Lam district allowed 114 areas to donate land for road construction to separate plots and divided a total of 2,385 plots. The land use conversion dossiers did not have the required components. The Land Law does not have the concept of land donation, only the case where the State reclaims land due to others voluntarily returning the land. The fact that Cam Lam District People's Committee approved the plan to separate large plots of land, but did not consider the regulations on real estate business, and did not require land users to establish enterprises when transferring land use rights for the separated plots of land is not in accordance with the provisions of the law on real estate business.

Of the 2,385 illegal plots of land, in Cam Duc town, there are 5 plots with houses built (of which 3 houses have permits), Cam Hai Dong commune has 1 house, Cam Hai Tay commune has 10 houses (of which 1 house under construction was suspended), Suoi Cat commune has 6 houses, Suoi Tan commune has 8 houses, Cam Thanh Bac commune has 7 houses.

NHAT THANH

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