Early issuance of land use right certificates for military households in Yen Cat town

After being granted land in area A, in quarter 2, Yen Cat town (Nhu Xuan), 9 military households of the Military Command of Nhu Xuan district built solid houses and used them stably before July 1, 2004.

Based on the content of the petition sent to the newspaper and through research, it was known that, implementing the policy of the Ministry of National Defense on building a military village on land planned for national defense management and with the consensus of the Provincial Military Command, the Standing Committee of the People's Committee of Nhu Xuan district, on April 7, 1995, the Military Command of Nhu Xuan district held a meeting to consider granting land to 11 military households working at the unit who needed to build houses, to be assured of long-term military service.

Next, from 2008 onwards, based on Official Dispatch No. 473/BQP-TM dated November 28, 2008 of the Ministry of National Defense on "agreeing to change the purpose of using national defense land to build military family apartment buildings in Thanh Hoa province", Decision No. 1088/QD-BTL dated August 18, 2008 of the Military Region 4 Command on "building military family apartment buildings in Thanh Hoa province", Decision No. 251/QD-BCH dated May 5, 2010 of the Provincial Military Command on "allocating land locations for lending to build military family houses in apartment buildings under the Military Command of Nhu Xuan district", the Military Command of the district continued to lend land to military families in the unit to build houses. According to statistics, 23 soldiers were given land or lent land by the Military Command of Nhu Xuan district to build houses. As soon as the land was allocated, the soldiers paid 3 million VND/household to the unit to complete the land procedures.

It is known that the military village under the Military Command of Nhu Xuan district is planned on an area of ​​3,553.4m2 of national defense land managed by the Provincial Military Command, divided into 2 residential areas, including areas A and B, with 23 plots of land, in Quarter 2, Yen Cat town. Since the time of land allocation, 9 households have built solid houses and used them stably before July 1, 2004; the remaining 14 households have not built houses.

On April 28, 2017, the Provincial People's Committee issued Decision No. 1393/QD-UBND on the recovery of 3,553.4 square meters of land from the Military Command of Nhu Xuan District of the Thanh Hoa Provincial Military Command in Yen Cat town, and assigned to the People's Committee of Nhu Xuan District for management. The location of the land plot is determined according to the Extract of the cadastral map of the land plot No. 828/TLBĐ, scale 1/1000, established by the Office of Land Use Rights Registration under the Department of Natural Resources and Environment ((now the Department of Agriculture and Environment) on December 26, 2016). Article 2 of the decision clearly states that the People's Committee of Nhu Xuan district is responsible for receiving the allocated land area; based on land use planning, construction planning, making a land use plan, putting the allocated land area into use according to the provisions of law. However, from 2017 to present, the People's Committee of Nhu Xuan district has not yet implemented construction planning, made a land use plan, put the allocated land area into use according to the provisions of law. This is considered one of the reasons leading to the deadlock in preparing documents, reviewing and granting land use right certificates to military households.

Mr. Vi Van Dien said: “In 1995, along with 10 other officers and soldiers, my unit considered granting me lot number 10 of land in area A, in residential area 2, Yen Cat town, about 2m from Highway 45 corridor. At that time, the entire area A was a hill, we had to work hard to level it to have a flat surface to build a house. By 1997, my family had built a house on the allocated land area and moved our household registration to residential area 2, Yen Cat town, where we have lived since then. After the Provincial People's Committee issued a decision to reclaim the land of the Provincial Military Command and hand it over to the local government for management, I and other military families were guided by the Yen Cat town People's Committee on the procedures for granting land use right certificates. However, after 7 years of waiting, we have repeatedly petitioned the town and district authorities of Nhu Xuan with the hope of granting land use right certificates to eligible households, but there has been no response. ensure citizens' rights".

Soldiers of the Military Command of Nhu Xuan district living in Ward 2, Yen Cat town reported the incident.

Similarly, Mr. Le Kim Vuong and some military families of the Military Command of Nhu Xuan district said: “Since being granted land by the unit, we have built houses and moved our families, wives and children to live, study and work in Quarter 2, Yen Cat town for 30 years now. We consider this place as our second homeland and always comply with all policies of the Party and laws of the State; fulfill our civic duties; and local regulations. More importantly, the land area where military families have built houses has been stable up to now, without any disputes or complaints. Therefore, our wish is to request the People's Committee of Nhu Xuan district to base on the provisions of the land law to establish records, consider and create conditions for households to be granted land use right certificates”.

Discussing the difficulties and obstacles in granting land use right certificates to military households living in Ward 2, Yen Cat town, Mr. Pham Van Tuan, Head of the Department of Agriculture and Environment of Nhu Xuan district, said: “The desire to be granted land use right certificates of military households is legitimate. According to the Land Law (old), even if the land was allocated without authority but before July 1, 2004, it is still considered for granting land use right certificates as long as the households have houses. Currently, there are 9 military households that already have houses, so they are still considered for granting land use right certificates normally. However, the problem lies in determining the financial obligations of households in 1995, there is no basis for determining land prices to resolve for the households. The reason is that we cannot find the land price list in Nhu Xuan district approved by the Provincial People's Committee in 1995”.

In order for military households of the Military Command of Nhu Xuan district to be granted land use right certificates soon, the People's Committee of Nhu Xuan district needs to soon plan construction, develop a land use plan, and put the allocated land area in Ward 2, Yen Cat town into use according to the provisions of law. At the same time, consult with relevant provincial departments and branches and flexibly apply the provisions of the law on land into local implementation to prepare documents and consider granting land use right certificates to eligible households.

Article and photos: Tran Thanh

Source: https://baothanhhoa.vn/som-cap-giay-chung-nhan-quyen-su-dung-dat-cho-cac-ho-gia-dinh-quan-nhan-o-thi-tran-yen-cat-249575.htm