Construction encroachment deforms land plots
On March 31, the Quang Tri Provincial Inspectorate confirmed that it had reviewed the petition of Ms. Phung Thi Phuong Mai (Dong Ha ward, Quang Tri province) related to the fact that Ms. M.T. T. H's family (Dong Ha ward) built a house encroaching on land.
Previously, Lao Dong Newspaper had an article "Taking each other to court because the land plot was encroached upon and deformed" reflecting the fact that Ms. Phung Thi Phuong Mai bought a land plot that was granted a certificate of land use rights, but a household with adjacent land built a house encroaching on a part of the area, causing the land plot to be deformed. Although Ms. Phuong Mai has reported to the People's Committee of Dong Ha City (old), it has not been resolved. Therefore, Ms. Phung Thi Phuong Mai has proposed to the People's Committee of Quang Tri province for consideration.
Based on the direction of the Provincial People's Committee, the Provincial Inspectorate presided over the inspection and comprehensive review of the case. The results showed that the housing project of Ms. M.T. T. H was built not in accordance with the content of the issued construction permit. Specifically, the actual construction area exceeded the permit; notably, the construction part overlapped about 21 m2 to the land plot of Ms. Phung Thi Phuong Mai's family, including both the housing area and the warehouse.
The Provincial Inspectorate also pointed out that during the construction process, Ms. M.T. T. H's household did not carry out measurements and determine the construction location according to the permit; meanwhile, the local construction order management agency lacked inspection and did not detect violations early.
Request to handle violations, consider responsibility
From the inspection results, Quang Tri Provincial People's Committee requested Dong Ha Ward People's Committee to organize handling according to the recommendations of the Provincial Inspectorate.
Accordingly, it is necessary to make a record of administrative violations for the act of illegal construction; and at the same time request Ms. M.T. T. H's family to demolish the violating part of the construction according to legal regulations. If they do not voluntarily comply, they will be subject to coercion. In addition, the Provincial Inspectorate also requested to review and clarify the responsibilities of relevant organizations and individuals in lax management and failure to detect violations from the beginning.
Regarding Ms. Phung Thi Phuong Mai's petition on handling the encroached land, the Provincial Inspectorate determined that this is a land dispute. Functional agencies requested Dong Ha Ward People's Committee to organize mediation between the parties according to regulations. In case of unsuccessful mediation, the parties have the right to sue in court to resolve according to the law.
In addition, the Provincial Inspectorate also pointed out some inadequacies in the process of transferring and issuing land use right certificates in the past, such as not conducting field surveys, not updating map changes, leading to disputes.
