Timely and effective legal aid for people with revolutionary contributions

The policy of legal aid for people with revolutionary contributions is a special policy that reflects the nation’s morality of “When drinking water, remember its source”. Each successful case of legal aid for people with revolutionary contributions makes us understand more clearly the humanistic meaning of this activity.

On December 3, 1999, Ms. Le Thi Lieu, residing in Gio Chau commune, Gio Linh district (old), Quang Tri province, was granted a Certificate of land use rights by the People's Committee of Gio Linh district for plot No. 21, map sheet No. 7 with an area of ​​4,075 square ^meters (including 200 square ^meters of residential land and 3,875 ^{square meters} of garden land).

A communication session on legal aid and legal advice for people in Quang Tri province.

In 2014, Ms. Lieu transferred to Mr. Nguyen Van Hoai and Ms. Nguyen Thi Bach Yen, both residing in Gio Linh district, a part of the land area of ^​​200m2 according to an oral agreement. Afterwards, Mr. Hoai and Ms. Yen proceeded to build a house on the land area that Ms. Lieu sold to them.

At that time, Mrs. Lieu's eyes were still clear so she determined that the location she transferred to Mr. Hoai and Ms. Yen was close to the back wall of their house. At the same time, she continuously urged them to complete the transfer procedures for her to confirm, but they made promises and did not do so.

On March 1, 2021, taking advantage of Ms. Lieu's old age, blindness and lack of legal knowledge, Mr. Hoai completed the transfer procedures and arbitrarily transferred 337 ^{square meters} without Ms. Lieu's knowledge. In April 2023, Ms. Lieu discovered the above deception.

She herself is 86 years old this year, has no husband or children, is a person who has contributed to the revolution, lives alone and has no support. The transfer of her ^337m2 of land to Mr. Hoai and his wife does not reflect her true will and desire and is a deception. Ms. Lieu was mediated by the People's Committee of Gio Chau commune but was unsuccessful.

Therefore, Ms. Lieu filed a petition requesting the People's Court of Quang Tri province to consider the request to declare the land use rights transfer contract dated March 1, 2021, between the transferor Ms. Le Thi Lieu and the transferees Mr. Nguyen Van Hoai and Ms. Nguyen Thi Bach Yen partially invalid for the area of ^​​137m2 beyond Ms. Lieu's transfer intention; at the same time, requesting to cancel the land use rights certificate No. CX 938985 issued by the Department of Natural Resources and Environment on March 25, 2021 to Mr. Nguyen Van Hoai and Ms. Nguyen Thi Bach Yen.

Through the mass media, Ms. Lieu came to the Quang Tri Provincial State Legal Aid Center to ask for advice on her problem. After confirming that she was a person with revolutionary contributions, the Center received her and assigned a legal aid officer to advise and draft a lawsuit for Ms. Lieu, guided her through the procedures for filing a lawsuit, and directly represented her in copying the documents to submit to the Court as evidence to prove the content of her lawsuit.

At the time of establishing the land use rights transfer contract, Ms. Lieu was blind (the assistant copied Ms. Lieu's eye treatment record with an official dispatch explaining Ms. Lieu's eye condition from Quang Tri Provincial General Hospital), so she could not read. Although Ms. Lieu was blind and could not read, there was no witness. According to the provisions of Clause 3, Article 36, Decree 23/2015/ND-CP dated February 16, 2015 of the Government guiding the authentication of signatures and authentication of contracts and transactions, "In case the person requesting authentication cannot sign, he must fingerprint; if that person cannot read, cannot hear, cannot sign, cannot fingerprint, there must be 2 (two) witnesses...".

Therefore, the certification was not in accordance with the law and violated the conditions for the validity of the contract, so Ms. Lieu's determination that the area of ​​137m2 ^that Mr. Hoai and Ms. Yen automatically transferred was against her will and wishes was completely reasonable.

With dedication to work, along with the grounds provided, the legal assistant proposed to declare the land use rights transfer contract established on March 1, 2021, between the transferor, Ms. Le Thi Lieu, and the transferees, Mr. Nguyen Van Hoai and Ms. Nguyen Thi Bach Yen, partially invalid for the area of ^​​137m2 outside of Ms. Lieu's transfer will, only recognizing the validity of the area of ^​​200m2 ( ^60m2 of residential land and ^140m2 of garden land) for Mr. Nguyen Van Hoai and Ms. Nguyen Thi Bach Yen.

Based on the grounds provided by the legal aid officer, the People's Court of Quang Tri province opened a trial and decided to partially accept Ms. Lieu's lawsuit request, declaring invalid a part of the land use rights transfer contract between Ms. Lieu and Mr. Hoai and Ms. Yen for an area of ​​137 square ^meters of garden land, and at the same time recognizing the validity of the land area of ​​200 ^{square meters} (60 square ^meters of residential land and 140 square ^meters of garden land).

Source: https://cand.com.vn/doi-song/tro-giup-phap-ly-kip-thoi-hieu-qua-cho-nguoi-co-cong-o-cach-mang-i784931/