In June 2022, Khanh Hoa Newspaper published a series of articles reflecting on errors in the issuance of land use right certificates (referred to as red books) to people in Dai Lanh commune (Van Ninh district). Immediately after the newspaper was published, the Standing Committee of the Provincial Party Committee requested the Provincial People's Committee to direct the Provincial Inspectorate to re-inspect the entire process of issuing red books to people in this area. Through the inspection, a series of errors were discovered by local authorities and functional agencies in the issuance of red books.
Mass error
Conclusion No. 13 dated December 28, 2022 of the Provincial Inspectorate clearly stated the errors in granting red books for each land plot on map sheet No. 01 (Forestry Map of Dai Lanh Commune).
Specifically, for land plot No. 136, the People's Committee of Van Ninh district granted a certificate to Mr. Le Van Hai (Dai Lanh commune) in 2013 with an area of 25,971m2 , by 2019, Mr. Hai transferred it to Mr. Tran Thanh Thong ( Ho Chi Minh City). Through verification, in 2007, the People's Committee of Dai Lanh commune confirmed that there were 5 households adjacent to land plot No. 136 who signed. However, the confirmation minutes did not specify the proximity of the land plot to any households. When the inspection team invited households to verify, these households all confirmed that they did not attend any commune meetings and did not sign the confirmation minutes of the land plot boundary markers in 2007. From there, the inspection team conducted field measurements to determine the boundaries and specific area of the land plot. Because the land plot had not been used for a long time and the path was covered by dense bushes, the inspection team was only able to obtain 4 coordinate markers. On that basis, establishing the current measurement record, it was discovered that the land plot only had an area of 1,168m2 (the area that had been granted a certificate was 25,971m2 ) and the location of the land plot was not as shown in the extract of the image on the granted red book, but overlapped with land plot No. 134, declared by Ms. Tran Thi Tron (Dai Lanh commune) for use.
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| Mr. Nguyen Phong Thanh's land plot for which he requested a red book overlaps with other land plots. |
For land plot No. 148, the People's Committee of Van Ninh district granted a red book to Mr. Nguyen Van Tri (Dai Lanh commune) in 2013 with an area of 23,657m2 . Through verification from the land inventory book in 2007, this land plot was registered and declared by Mr. Tran Kinh (Dai Lanh commune) and in 2011, it was sold to Mr. Nguyen Van Tri. Checking the minutes confirming the boundary of the land plot, there were 3 households signed adjacent to land plot number 148. However, when the inspection team worked, some households said they did not participate in the meeting and signed the minutes confirming the boundary of the land plot in 2007. To clarify further, the inspection team measured and determined the actual boundary of land plot number 148. Through inspection, the team discovered that the actual area of the land plot was 12,679m2 (the area with the certificate was 23,657m2 ) and the boundary of the land plot overlapped the boundaries of land plots number 147 and 149.
Regarding land plot No. 149, the People's Committee of Van Ninh district granted a red book to Mr. Nguyen Hat (Dai Lanh commune) in 2013 with an area of 29,351m2 . In 2019, Mr. Hat sold this land plot to Mr. Tran Thanh Thong. Through inspection and verification of the land inventory book, land plot No. 149 was registered and declared by Mr. Phan Van Tung (Dai Lanh commune). However, when the inspection team worked with Mr. Tung, Mr. Tung said that he did not have land in this area. Conducting an inspection of the minutes confirming the boundary of the land plot, there were 5 adjacent households; working with these households, some households said that they did not participate in the meeting and did not sign any minutes confirming the boundary of land plot No. 149. The inspection team conducted field measurements and determined the boundary; thereby discovering that the area of the land plot is only 9,630m2 (the area with the certificate is 29,351m2 ) and overlaps with land plot number 148.
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| The production forest land area was granted overlapping red books by the functional departments of Van Ninh district, resulting in many errors. |
The land area of more than 10,018m2 that Mr. Nguyen Phong Thanh (Dai Lanh commune) requested the authorities to issue the first red book is part of the land plots No. 136, 148, 149 that have been issued by the People's Committee of Van Ninh district. When working with the households around this land, they all said: The time Mr. Thanh used the above land area was around 2015, before that this land was abandoned, no one cultivated it. From there, the inspection team determined that the land Mr. Thanh requested to issue the red book was after 2004. The land use process was unstable, long-term and Mr. Thanh could not provide relevant documents as prescribed to serve as a basis for consideration of issuing the red book.
Which unit made the mistake?
When carrying out the procedures to issue red books to the owners of plots 136, 148, 149, the Van Ninh District Land Registration Office Branch only relied on the cadastral map established in 2007 without measuring or checking the current land use status, leading to the issuance of red books with very large areas and locations incorrect compared to the actual land users. Based on the examination of the Van Ninh District Land Registration Office Branch, the District Department of Natural Resources and Environment assessed and submitted to the District People's Committee to issue red books for the first time for 3 plots of land, leading to errors. At the same time, the entire red book issuance file for the 3 plots of land could not determine whether the households of Mr. Le Van Hai, Mr. Nguyen Van Tri, and Mr. Nguyen Hat were directly engaged in agricultural production or not, as a basis for determining that they were not subject to paying land use fees according to the provisions of law. All of these errors are the responsibility of the Van Ninh District Land Registration Office Branch.
In addition, Dai Lanh Commune People's Committee was not strict in confirming the minutes determining the boundaries of land plots in 2007. Because these minutes had the signatures of adjacent landowners but did not show the location adjacent to adjacent landowners and some households said they did not participate in the meeting and did not sign these minutes. At land plot No. 148 of Mr. Nguyen Van Tri, Dai Lanh Commune People's Committee verified the land origin inappropriately. Accordingly, the land origin was determined by the commune: "Mr. Tran Kinh reclaimed and used the land stably from 1989 to 2005, then transferred it to Mr. Nguyen Van Tri". However, in the land inventory book established in 2007, the land user was still shown to be Mr. Tran Kinh.
Not only that, the Van Ninh District Land Registration Office Branch was not strict in checking the records when carrying out the procedures for granting the red book for land plot No. 136 of Mr. Le Van Hai. In the records of this land plot and the cadastral map, there was no signature and name of Mr. Le Van Hai, nor was there a power of attorney. Regarding the granting of the red book for land plot No. 149 of Mr. Nguyen Hat, the Van Ninh District Land Registration Office Branch was lacking in checking the land origin records, but only based on Mr. Nguyen Hat's commitment and did not clarify the reason why Mr. Phan Van Tung's name was in the land register in 2007, but Mr. Nguyen Hat declared it in the records for applying for the red book.
Unified treatment direction
On March 13, Mr. Dinh Van Thieu - Vice Chairman of the Provincial People's Committee chaired a meeting with relevant departments, branches and localities and agreed on the direction to resolve the case according to the proposed handling measures of the Provincial Inspectorate. Accordingly, the issuance of red books for 3 land plots No. 136, 148, 149 by the People's Committee of Van Ninh district is contrary to the provisions of law and is a case of having to revoke the red book. Therefore, for land plot No. 148 issued to Mr. Nguyen Van Tri, the People's Committee of Van Ninh district must promptly revoke the issued red book. From there, proceed to determine the actual boundary in use and guide the landowner to carry out the procedure to adjust the issued book in accordance with regulations.
Regarding the two plots of land No. 136 and 149 sold to Mr. Tran Thanh Thong. According to the provisions of law, once the land has been transferred, the state agency will not revoke the issued red book, but the handling must follow the judgment or decision of the people's court. Therefore, the People's Committee of Van Ninh district needs to work with Mr. Tran Thanh Thong to agree on the handling direction according to the regulations. In case Mr. Tran Thanh Thong does not cooperate, the People's Committee of Van Ninh district will carry out the procedures to request the court to handle the damage caused by the illegal issuance of red books according to the provisions of the 2013 Land Law and other legal provisions.
With the land area that Mr. Nguyen Phong Thanh requested to be granted a red book, when the People's Committee of Van Ninh district completes the recovery and adjustment of the book for plots 136, 148, 149 and other related plots, based on the content of Mr. Thanh's application, the People's Committee of Van Ninh district will check and consider if the conditions are met, then carry out the procedure to grant a book to Mr. Thanh in accordance with regulations.
At the meeting on March 13, Mr. DINH VAN THIEU - Vice Chairman of the Provincial People's Committee emphasized: From Mr. Nguyen Phong Thanh's request to issue new red books, major shortcomings were discovered. Therefore, in addition to implementing the handling measures of the Provincial Inspectorate, the People's Committee of Van Ninh district needs to review all the issuance of red books to people in this area, if there are any errors, they must promptly adjust them for people according to regulations. No matter how difficult it is, it must be done, because currently, people who have not transferred their land can easily adjust it, if they wait until people transfer and there are complaints to make adjustments, it will be very complicated. The district needs to strengthen land management, ensuring strictness and compliance with regulations. The Provincial People's Committee criticized the land management of Van Ninh district for allowing errors to occur, when seeing difficulties, they pushed the issue, and were slow to resolve it for people, allowing the case to drag on for many years.
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