Hanoi City People's Committee has just issued conclusion on the content of denunciation No. 48/KL-UBND against Mr. Pham Van Minh - Chairman of Soc Son District People's Committee (formerly), now Secretary of Yen Lang Commune Party Committee, Hanoi related to the issuance of decisions to revoke Certificates of land use rights and ownership of houses and other assets attached to land issued to households in hamlet 20, Xuan Bang village, Nam Son commune (old), now Trung Gia commune while there is no conclusion from the inspection agency, not notifying land users.
According to people's reflections, as of August 2024, before issuing the Detailed Plan for compensation and resettlement support for people affected by the Nam Son Waste Treatment Complex, households in hamlet 20 Xuan Bang, Nam Son commune (old) were all granted Certificates of Land Use Rights in the years from 2015 - 2017, including residential land, pond garden land and perennial crop land.
However, by 2021, Soc Son District People's Committee issued many decisions to revoke the Certificates of Land Use Rights issued to households in hamlet 20 Xuan Bang, with the reason that the Certificates of Land Use Rights issued were not in accordance with the law.
According to the provisions of the Land Law, the revocation of the issued Certificate must be decided by the competent authority issuing the Certificate of land use rights, ownership of houses and other assets attached to land, based on the conclusion of the inspection agency at the same level, or the effective document of the competent State agency on resolving land disputes.
Therefore, the fact that Soc Son District People's Committee self-issued a decision to revoke the Certificates of Land Use Rights of households without the conclusion of the inspection agency, and at the same time did not clearly notify the land user of the reason to exercise the right to complain, does not ensure the order and procedures according to the provisions of law", a household with a red book being revoked shared with a reporter of Lao Dong Newspaper.
From the content of citizens' denunciations, the Hanoi People's Committee believes that in 1999, households of Ms. C.T. L, Mr. T.N. T; Mr. N.V.L, Ms. L.T. T; households of Mr. T.V. T, Ms. D. T. H; Ms. N.T. H; Ms. N.T. T were compensated for property and supported to stabilize their residence;
Therefore, the land plot located in the environmental impact area of Soc Son Solid Waste Treatment Complex (a radius of 500m from the fence of Soc Son Solid Waste Treatment Complex) is only used for growing perennial crops or agricultural and forestry production.
Soc Son district's issuance of land use right certificates to households is not in accordance with the 2013 Land Law.
Based on reports and reviews from functional agencies, Soc Son District People's Committee issued a notice on the revocation of land use right certificates of households.
The decision of Soc Son District People's Committee to revoke land use right certificates for households when households have transferred land use rights is not in accordance with the authority specified in point d, clause 2, clause 3, Article 106, 2013 Land Law; clause 6, Article 87, Decree 43/2014 dated May 15, 2014 of the Government detailing the implementation of a number of articles of the Land Law: the revocation of the issued Certificate not falling into the cases specified in clause 2, Article 106 of the Land Law is only allowed to be carried out when a judgment or decision of the People's Court has been enforced.
The conclusion on the content of the denunciation of the Hanoi People's Committee clearly states: The revocation of the issued land use right certificates is necessary, but the authority to cancel these land use right certificates belongs to the court. Therefore, the content of the citizen's denunciation is grounded.
From this conclusion, Hanoi City People's Committee assigned the Chairman of Trung Gia Commune People's Committee to abolish the decisions of Soc Son District People's Committee (formerly) on revoking land use right certificates that were not within its authority according to the 2013 Land Law as concluded above;
At the same time, there is a document requesting the court to declare the cancellation of land use right certificates that Soc Son District People's Committee previously issued not in accordance with regulations according to its authority and legal regulations.
Assign the Hanoi City Inspectorate to monitor, urge, summarize, and report to the Chairman of the Hanoi City People's Committee on the implementation results.
