(PLO)- The authorities in Bac Lieu province have different understanding of a judgment; The two parties also did not have a unified understanding, causing many quarrels.
On July 21, a leader in Bac Lieu province replied to a reporter from Ho Chi Minh City Law Newspaper that the complaint that Ms. Au Thu An (Ward 5) sent from November 2019 was about to be resolved by the province.
The case is complicated for both the people and the government of Bac Lieu province because the appellate judgment does not state how to handle the “land within the boundary line”. By the time there was a zoning change, many problems had arisen because there were many interpretations of the court’s decision.
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| In April 2023, many members of An’s family broke a pillar, so they were administratively fined for property destruction. Photo: TRAN VU |
The court did not specify how to handle “the land within the boundary line”
On September 26, 2011, the People’s Court of Bac Lieu province heard and issued the Appellate Judgment No. 106 on the land use right dispute between the plaintiff, Ms. Au Thu An and the defendant, Ms. Ly Ngoc Nuong.
The court corrected the first-instance judgment and ordered Ms. Nuong to pay Ms. An 23.3 m2 of land. According to the court, through re-survey, the disputed land has an area of 385.6 m2, of which 362.3 m2 is within the boundary line – Pen Luc 213. However, the appellate judgment did not specify how to handle this “land within the boundary line”.
Nearly four years the province has not yet resolved the complaint
On 11-11-2019, Bac Lieu Provincial People’s Committee accepted to settle the second complaint of Ms. Au Thu An. However, since then, Ms. An has not received any settlement results.
From May 2023, PV asked the People’s Committee of Bac Lieu province to explain this delay and the solution. However, on July 21, by phone, a leader of the Bac Lieu Provincial People’s Committee’s office explained to PV that “due to the complicated case, the province will meet in a few days to approve the results of the complaint settlement for Ms. An”.
In 2014, after a change of planning, the land within the right-of-way in this case was removed from the boundary line. Ms. Nuong’s side has completed procedures to apply for a certificate of land use right (LURC). From this point, the case began to be complicated and prolonged, because the authorities in Bac Lieu province had conflicting interpretations of the appellate judgment.
Initially, the People’s Committee of Ward 8 refused to carry out the procedures for Ms. Nuong to be granted the LURC, on the grounds that the land plot was still in dispute. Complained, the People’s Committee of Ward 8 sent an official dispatch to the People’s Court of Bac Lieu province whether the land plot of 362.3 m2 within the boundary line had been resolved or not.
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On one occasion, Ms. An’s side and Ms. Nuong’s side argued. |
Trouble persists due to many interpretations
The Provincial People’s Court issued an official dispatch on August 17, 2015, explaining the judgment that stated “Ms. An has the right to register the declaration of the land plot of 23.3 m2, Ms. Nuong has the right to register the declaration of the land plot of 362.3 m2. Since then, the People’s Committee of Bac Lieu city understood that the disputed land plot had been resolved by the appellate court, so it granted the LURC to Mrs. Nuong.
In January 2015, the Provincial People’s Court sent an official dispatch explaining the content of the judgment to Ms. An that “at the time of the case settlement, the land within the boundary line was not within the jurisdiction of the court”.
An official letter on April 13, 2015, the Internal Affairs Department of Bac Lieu Provincial Party Committee also said that the remaining land area (362.3 m2) is within the boundary line, so it is not within the jurisdiction of the court.
Ms. An complained that the People’s Committee of Bac Lieu City granted Ms. Nuong land when the land was in dispute but was rejected. In November 2019, Ms. An was accepted by the People’s Committee of Bac Lieu province to settle the complaint for the second time, but for nearly four years, the results have not been returned.
In June 2022 and April 2023, Ms. An’s family and Ms. Nuong’s side had clashes with injuries, property damage, many people were administratively fined. Nuong’s side confirmed that the land has been settled, so the People’s Committee of Bac Lieu City issued a certificate for her. Meanwhile, Ms. An presented a lot of evidence that the land has not been resolved. Since then, Ms. Nuong kept building fences, and Mrs. An fiercely prevented them.
Contents of dispute
Plaintiff Au Thu An asked the court to order defendant Ly Ngoc Nuong to pay her a land plot of 380.18 m2 in Ward 8, Bac Lieu City. The reason for asking for land, according to Ms. An, is her family’s land, in the campus of Lien Phong Rice Milling Factory.
Ms. An said that in the past, the State requisitioned her family’s land and lent it to some workers. When the State returned Lien Phong Factory, some people refused to relocate and returned the land but also sold it back and forth, including Mrs. Nuong.
Meanwhile, the defendant side disagreed, on the grounds that the land was purchased and authenticated by the government in accordance with the law.
The first instance court accepted the entire petition of Ms. However, at the appellate trial, the People’s Court of Bac Lieu province corrected the sentence and declared that Ms. Nuong only paid Ms. An 23.3 m2 of land.
TRAN VU