Having come to work at Thanh Oai Commune People's Committee
Lao Dong Newspaper published an article reflecting "Land records submitted before the merger have not been resolved". Accordingly, Ms. Le Thi Nga (authorized to handle the procedures for her son, Nguyen Van Phuong) in Thanh Oai commune, Hanoi City used land plot No. 268, map sheet No. 06, area: 816m2, address in My Thuong village, Thanh Oai commune (formerly Thanh Mai commune). The origin of the land was left by our ancestors.
The family used the land regularly, continuously and without disputes. Her family submitted an application for a first red book in the old Thanh Mai commune. The settlement procedures were prolonged, the old Thanh Mai commune government once sent a letter of apology to the citizens.
After the establishment of a 2-level local government, the land of Ms. Nga's family belonged to the People's Committee of the new Thanh Oai commune. However, her family has not yet had the procedures for making a red book resolved. The family has filed a complaint due to slow processing.
Talking to Lao Dong Newspaper on October 8, Mr. Nguyen Van Phuong said that the family representative had gone to Thanh Oai Commune People's Committee to work on the issuance of the red book on October 3.
People are surprised by the decision to reclaim a part of the land from nearly 30 years ago
Informing Lao Dong Newspaper, people said that during the process of working with Thanh Oai Commune People's Committee, they were surprised when the commune informed them of the dossier of problems because this land had been decided to be partially reclaimed nearly 30 years ago.
Thanh Oai Commune People's Committee provided the family representative with Decision 362/QD-UBND dated July 28, 1998 of Thanh Oai District People's Committee on the recovery of illegally used land (260 m2 out of a total area of 816 m2).
According to the decision, this was pond land (public land managed by the cooperative at that time), which the family did not use in accordance with regulations.
Talking to Lao Dong Newspaper, Ms. Le Thi Nga - Mr. Nguyen Van Phuong's mother - said that the total origin of the 816 m2 plot of land of the family was left by her father. This land has residential land, pond land next to each other, and has been used by families for many generations.
When Mrs. Nga started her family to live on this plot of land, she and her husband were continued to be given it to her parents-in-law for use. During the land use process, her family did not have any disputes with anyone, nor did they have any internal problems.
According to Ms. Nga, before and after the cooperative had a bidding policy, the pond was still a pond, managed and used by the family. The family did not accept the bid and did not pay the bidding fee when the cooperative organized a pond bidding. The family has not yet received a decision to reclaim the land.
Ms. Nga expressed that the family hopes to have a red book for an area of 816 m2 of land for residential purposes so that she can rest assured as well as have a decision to separate it for her children and grandchildren before her death to feel secure.
Discussing the legal issues of the case, Lawyer Dao Thi Lien, Tien Phong Law Firm LLC, said that to determine whether the pond used by Ms. Nga's family is public land or not? The People's Committee at the commune level needs to check the pond receipt records that the commune members voluntarily entered into the cooperative along with other documents such as the previous cadastral records to clarify and publicly announce on the information portal or the headquarters of the Commune People's Committee.
Moreover, even in the case of public land, according to Article 51 of the 2024 Land Law, if the decision to reclaim land is not implemented for more than 3 years, the competent authority still needs to consider issuing red books to citizens.
