Overlapping land grant case at Bao Dai Palace: Why is there no appraisal conclusion yet?

On October 24, the Department of Justice of Lam Dong province has just sent a report to the Provincial Party Committee's Internal Affairs Committee on the progress of appraisal and valuation of assets in cases and lawsuits, especially the case of violations related to the issuance of Land Use Right Certificates at the residential area of ​​Dinh I (Bao Dai Palace), Xuan Huong ward - Da Lat.

Previously, on June 26, 2025, the Lam Dong Provincial Land Registration Office received a Decision requesting an appraisal from the Investigation Police Agency, Lam Dong Provincial Police, requesting an appraisal of 9 contents regarding: Records, procedures, origin, authority, planning overlap, damage consequences and responsibilities.

However, up to now, the Land Registration Office has not been able to issue an appraisal conclusion or document on the handling results of this case.

Palace I - Bao Dai Palace (Photo: Nguyen Nghia - Thuy Trang)

Previously, the Office assigned a team of experts to study documents and records as a basis for handling the appraisal as requested by the Investigation Police Agency. At the same time, it reviewed information on land records, technical records, and records of granting land use right certificates (GCN) of 8 cases.

The Land Registration Office has also completed the classification of the contents of the request according to expertise and authority; has drafted analysis and evaluation for 3/9 contents suitable according to the expertise and profession of the unit, including: Records, examination process, and document comparison.

Regarding the remaining 6 contents, which are issues of property valuation and other contents such as: Determining "damage consequences", land valuation at the time of the violation, the Land Registration Office found that it has no function, authority and no specialized appraiser in judicial property valuation to conduct the appraisal. Therefore, the unit is reviewing and handling to refuse or propose handling these contents to ensure compliance with regulations.

The main reason for the delay in the appraisal by the Land Registration Office is that the appraisal request was sent during a period of many changes in the organizational structure. In addition, it was also affected by some professional contents, functions, authorities and personnel arrangements at the Land Registration Office before and after the merger.

The Land Registration Office is a public service unit, an administrative land registration agency, not a specialized judicial appraisal agency, so the contents of assessment, determination of criminal responsibility or the level of economic damage... have exceeded its authority and expertise.

The appraisal content covers many areas, the Land Registration Office does not have the authority to conclude on the legal contents of overlapping planning (protection forests, public land of Dinh I) or assess the legality of administrative decisions and assess damages.

Meanwhile, the GCN issuance records span from 2011 to 2020, relating to many decisions, plans and legal documents on land over the periods. Therefore, it requires checking, reviewing and synthesizing many legal documents, leading to difficulties in assessing and clearly distinguishing between administrative violations due to intentional violations or due to professional shortcomings of the unit.

To complete the appraisal work and meet the requirements, the Land Registration Office proposed that the Provincial People's Committee and the Provincial Party Committee's Internal Affairs Committee approve an extension of the time to process and resolve the appraisal case, expected to be completed on November 15, 2025.

In December 2024, Lam Dong Provincial Police received a request for prosecution from the Provincial Inspectorate regarding the People's Committee of Da Lat City (old) granting certificates of land use rights, house ownership rights and assets attached to land to 8 cases in the residential planning area of ​​Dinh I, Ward 10, Da Lat City (now Xuan Huong Ward - Da Lat) with signs of overlapping with the total planning area of ​​the residential area of ​​Dinh 1, Ward 10, Da Lat City according to Decision No. 2254/QD-UB, dated July 14, 1999 of Lam Dong Provincial People's Committee.

Afterwards, the Investigation Police Agency, Lam Dong Provincial Police conducted investigation and verification measures according to regulations. However, the case is currently having to temporarily suspend the handling of information about the crime pending the results of the appraisal.

Source: https://baolamdong.vn/vu-cap-dat-chong-lan-dinh-bao-dai-vi-sao-ket-luan-giam-dinh-van-chua-co-397513.html