Suing for rights
More than 15 years ago, Mr. Nguyen Xuan Thang (resident of Dlie Ya commune, Dak Lak province) agreed to allocate 12,400m2 of land to the local government to build the old Ea Tan Commune People's Committee headquarters (now Dlie Ya commune), bank and post office.
Because the actual land use area is only more than 3,600m2, Mr. Thang's family proposed to issue a certificate of land use rights (red book) for the remaining land and was approved by the local authorities.
By 2016, Krong Nang District People's Committee (old) issued a decision to compensate more than 1 billion VND for the area used to build the commune People's Committee headquarters.
Previously, in 2013, the District People's Committee divided plots, sold land plots and issued red books to 20 other households. In 2016, another household was also issued a red book with an area of 100m2. Currently, these land plots have been used and solid houses have been built.
Not being resolved satisfactorily, Mr. Thang sued the Chairman of Krong Nang District People's Committee to claim his rights. In 2018, the Dak Lak Provincial People's Court declared the cancellation of all related decisions of the District People's Committee.
The court also forced the District People's Committee to issue red books for the remaining land to Mr. Thang after deducting the area where the headquarters was built and issued to households.
The court also ordered the District People's Committee to compensate for the value of land use rights for the area where the headquarters was built and issued to households, and at the same time cancel the decision to issue 100m2 red books to households in 2016.
At the appellate court, the High People's Court in Da Nang (now the Supreme People's Court in Da Nang) upheld the first-instance judgment.
According to actual research, in 2013, in the above area, each plot of land with an area of 100m2 only cost about 500 million VND. However, after nearly 13 years, the value of each plot of land in the above area has reached about 4 billion VND (market transaction price).
Mr. Nguyen Hong (resident of the above area) said: "In recent years, after the banks and post offices of the commune sprang up, roads and infrastructure improved, this area has become bustling, land prices have skyrocketed. Currently, people with average incomes cannot afford to buy it.
Anxiously waiting for judgment enforcement
According to research, the first-instance and appellate judgments related to the lawsuit of Mr. Nguyen Xuan Thang, in Dlie Ya commune, Dak Lak province, took effect from 2019.
However, nearly 6 years have passed, and the local judgment enforcement agency has not yet resolved it thoroughly. Mr. Thang said that the judgment has been in effect for a long time, and the provincial judgment enforcement agency has not yet implemented it. This is very difficult to accept, greatly affecting the rights of citizens.
Mr. Nguyen Dinh Nghi - Vice Chairman of the People's Committee of Dlie Ya commune - confirmed that the locality has not implemented the compensation process for Mr. Thang despite organizing many meetings.
The first-instance judgment declared compensation for the land to build the headquarters of Ea Tan Commune People's Committee, banks, post offices and the area allocated to households. However, the Supreme People's Court in Da Nang upheld the first-instance judgment without specifically mentioning compensation.
We have sent documents to the Supreme People's Court in Da Nang to request guidance on the implementation of compensation for Mr. Thang's family for the headquarters construction area and land allocated to households. When we receive an official response, we will strictly implement the court's judgment. The judgments are still contradictory. At the same time, the commune also sent petitions to the Provincial Party Committee and the Provincial National Assembly Delegation," Mr. Nghi said.
Leaders of Dak Lak Provincial Civil Judgment Enforcement Department informed that the implementation of current administrative judgments is regulated according to the spirit of voluntariness of the parties involved. However, to ensure the strictness of the law, for cases of delay or non-compliance, the judgment enforcement agency will exercise the right to propose to the competent authority to issue disciplinary decisions against the head of the violating unit.
