Conversion of 5,000m2 fuel depot land into residential land on the divided street

Warehouse land suddenly turns into residential land

According to the documents of Lao Động, at the conclusion of the inspection number 7920, October 22, 2021, the Department of Natural Resources and Environment of Hanoi stated that the origin of this land is as follows:

On April 29, 2002, the People's Committee of Ha Tay Province issued Decision No. 525 QĐ/UB to grant Certificate of Land Use Rights No. S850498, with an area of 11,550m2 of land for use as a CD at Nam Triều Commune, Phu Xuyen District for Xang Dau Ha Son Binh Company and Decision No. 526 QĐ/UB to grant Certificate of Land Use Rights No. S850679, with an area of 22,654m2 of land for use as a warehouse for Xang Dau Ha Son Binh Company at Nam Triều Commune, Phu Xuyen District.

Almost two years later, on March 1, 2004, the People's Committee of Phu Xuyen District issued Decision No. 197/QĐ-UB on the conversion of the purpose of using the land of the Nam Phong warehouse area for 45 officials, employees, and civil servants of Xí nghiệp Xăng dầu K133 with an area of 5,073m2 to build houses.

Upon reviewing the process of converting the purpose of using the land, the Department of Natural Resources and Environment of Hanoi informed that on March 30, 2002, Xí nghiệp Xăng dầu K133 had a document requesting the conversion of a part of the area of the Nam Phong warehouse area into residential land for the officials, employees, and civil servants of the enterprise.

On October 21, 2002, Xang Dau Ha Son Binh Company had a document agreeing to the plan for Xí nghiệp Xăng dầu K133 to convert 6,831m2 of land in the Nam Phong warehouse area into residential land for officials, employees, and civil servants to build their own houses.

After completing the handover, it was not until October 7, 2003, that Xí nghiệp Xăng dầu K133 had a document No. 594/XD-k133-QLKT sent to the People's Committee of Phu Xuyen District, the Department of Land Management of Phu Xuyen District on the guidance of the next steps to convert the area of 6,831m2 of land into residential land to distribute to 45 officials, employees, and civil servants.

Along with the document of Xí nghiệp Xăng dầu on March 1, 2004, the People's Committee of Nam Triều Commune had a report No. 03 TT/UB sent to the People's Committee of Phu Xuyen District, the Department of Land Management of Phu Xuyen District on the conversion of 5,073m2 of land for specialized use into residential land.

Based on these grounds, on March 1, 2004, the People's Committee of Phu Xuyen District issued a decision on the conversion of the purpose of using the land of the Nam Phong warehouse area for 45 officials, employees, and civil servants of Xí nghiệp Xăng dầu K133 to build houses.

On June 29, 2004, the People's Committee of Phu Xuyen District issued Decision No. 963/QĐ-UB on the issuance of 59 certificates of land use rights (red books) for the land users, including 45 red books for residential land. As for the current situation at this land area, many people have built houses.

The People's Committee of Phu Xuyen District assigned the Department of Natural Resources and Environment to work with the People's Committee of Nam Triều Commune to measure the area of the converted land at the site. The officials, employees, and civil servants who received the land had to pay land use fees of 97,000 VND/m2.

Conclusion clearly states wrongdoing

After reviewing, the Department of Natural Resources and Environment of Hanoi concluded that Xang Dau Ha Son Binh Company - One-member Limited Liability Company is the land user as prescribed by law, but did not report or propose to the competent authority on the conversion of the purpose of using the land, allocation of land, and settlement of houses for officials, employees, and civil servants, and did not pay annual land rent, but allowed Xí nghiệp Xăng dầu K133 - Xang Dau Ha Son Binh Company (a subsidiary of Xang Dau Ha Son Binh Company - One-member Limited Liability Company) to implement is a lack of responsibility in implementing the procedures and formalities of land administration and financial obligations as prescribed in Article 4 of the 1993 Land Law (Chapter V, 2003 Land Law, Article 197 of the 2013 Land Law). The responsibility belongs to Xang Dau Ha Son Binh Company - One-member Limited Liability Company.

The People's Committee of Phu Xuyen District issued Decision No. 197/QĐ-UB on March 1, 2004, on the conversion of the purpose of using the land of the Nam Phong warehouse area for 45 officials, employees, and civil servants of Xí nghiệp Xăng dầu K133 with an area of 5,073m2 to build houses; collected land use fees from the officials, employees, and civil servants (price 97,000 VND/m2 of Class III land in residential areas along roads) is not in accordance with the authority to grant land, lease land, and change the purpose of using land as prescribed in Article 28 of the 1993 Land Law (Article 37 of the 2003 Land Law, Article 59 of the 2013 Land Law); the authority to recover land as prescribed in Article 44 of the 2003 Land Law (Article 66 of the 2013 Land Law). The responsibility belongs to the People's Committee of Nam Triều Commune, the Department of Natural Resources and Environment of Phu Xuyen District, and the People's Committee of Phu Xuyen District in the period of 2001-2005.

In addition, the People's Committee of Phu Xuyen District issued Decision No. 963/QĐ-UB on June 29, 2004, on the issuance of 59 certificates of land use rights for residential land for the land users who meet the conditions at Nam Triều Commune, Phu Xuyen District. Among them, 45 certificates of land use rights for residential land with a total area of 5,124m2 are not in accordance with the law.