Waiting for the court's verdict
Responding to the press, Mr. Tang Vu Em - Vice Chairman of Ca Mau City People's Committee - confirmed that the People's Court had invited relevant parties in the lawsuit of Mr. Ho An Tap - the owner of the villa considered the most beautiful in Ca Mau.
Mr. Tang Vu Em said that the court had invited the City People's Committee once. Because the City People's Committee is the defendant in the case, he asked not to answer. Regarding the trial time, Mr. Vu Em suggested that journalists contact the People's Court of Ca Mau province for information according to their authority.
Previously, when discovering the villa under construction, Ca Mau city issued a record and imposed administrative penalties, forcing it to restore to its original state. However, Ca Mau city has reviewed and held many meetings to agree with Mr. Ho An Tap to convert the purpose of land use from aquaculture land to rural residential land after the decision to enforce the review was approved.
Enforcing the government to perform public duties according to the law
According to Mr. Ho An Tap's lawsuit, he sued the agencies (claimants) including: Chairman of the People's Committee of Ca Mau City; People's Committee of Ca Mau City; Tax Department of Region II.
Mr. Ho An Tap's lawsuit stated: The administrative decision was sued as Decision No. 407/QD-UBND dated September 17, 2024 of the People's Committee of Ca Mau City; Official Letter No. 5453/UBND-TNMT dated November 22, 2024 of the Chairman of Ca Mau City People's Committee; Decision No. 7309/QD-DDBSHB dated November 15, 2023 of the Chairman of Ca Mau City People's Committee; 2 Tax payment notice of Regional Tax Department II.
The petitioner (Mr. Ho An Tap) asked the People's Court of Ca Mau province to cancel the decisions and official dispatches. "Forcing the People's Committee of Ca Mau City to carry out the official duty in accordance with the law related to the couple, my wife and my wife shift the purpose of land use from aquaculture land to 580m2 rural land on the housing construction," Xi wrote in the application.
The basis for Mr. Ho An to practice the petition is: the main house and the auxiliary house has been built on an area of 580 m2, while forced to convert the land use purpose from aquaculture land to rural land is 2,141.7 m2 with the amount of more than 8 billion. In fact, in addition to the area of housing construction, he and his wife used as fish ponds, planted trees without basic construction but forced him to switch to residential land and pay the amount of money beyond financial capacity.
In the petition also stated: Land use rights (2,141.7m2) include 2 land use right certificates. A paper named Ho An Tap with an area of 1,659m2, a paper named Kieu Trang with an area of 1,650m2, but Decision 407 of the People's Committee of Ca Mau City only forced Ho An Tap to change the land use purpose of 2,441.7m2. The petitioner said that Decision 407/QD-UBND of the People's Committee of Ca Mau City seriously violated the legitimate rights and interests of Ms. Kieu Trang.
Mr. Tap said that he and Ms. Kieu Trang are a couple, registered to marriage, but the administrative decisions in settling the land of the People's Committee of Ca Mau city all deprived Ms. Kieu Trang of the right to participate. The decisions, official dispatches, and notices only have the name of Ho An Tap, not the name of Ms. Kieu Trang.
In January 2023, the People's Committee of Ca Mau City issued a decision to administratively sanction Mr. Ho An Tap for violations related to land use. Mr. Tap was fined VND 22.5 million and required to restore the original state of the land before the violation.
In November 2023, the People's Committee of Ca Mau City continued to issue decisions to amend and supplement the penalty content. Accordingly, instead of forcing the demolition, the authorities requested Mr. Ho An Tap to maintain the current status of land use and carry out procedures to convert the purpose of use for more than 2,200 m2 of violating land.
On September 27, 2024, the Department of Justice of Ca Mau province reported to the People's Committee of Ca Mau province about the incident, in which it assessed that the decision to sanction administrative violations of the People's Committee of Ca Mau city was not completely in accordance with legal regulations. The Department of Justice recommended canceling the previous penalty decision and proposing to apply other remedial measures, including:
Forced to restore the initial status for an area of 1,303.22 m2 of violating land; Forced land registration and use of use purpose for an area of 2,261.58 m2; Forced to submit illegal benefits obtained from the use of violating land. In case Mr. Ho An Tap does not perform or has not fully implemented the above requirements, the Department of Justice proposes to conduct procedures for land acquisition as prescribed.
