According to the decision, after 30 days from the date of winning the auction, if Viet Thanh Company does not pay in full, the auction result will be canceled and the deposit paid to the State fund. In fact, Viet Thanh Company has not paid enough land use fees, but the People’s Committee of Thua Thien-Hue province decided to divide the land into 2 parts and on April 17, 2014, issued a LURC with an area of ​​797 square meters to the Company. company Viet Thanh. The land of 73 Nguyen Hue, Hue City is allowed by the People’s Committee of Thua Thien-Hue province to split the parcel wrongly. Not yet licensed to build and not authorized to hand over the field land, but Viet Thanh Company has built the raw work, then abandoned this land for nearly 10 years, causing waste of land resources. . By July 2020, the Department of Natural Resources and Environment of Thua Thien-Hue province issued a decision to revoke and cancel the certificate of land use right, ownership of houses and other land-attached assets granted to Viet Thanh Company at the digital land lot. 73 Nguyen Hue, Hue City. Through the inspection, the TTCP clarified, the People’s Committee of Thua Thien-Hue province extended Viet Thanh Company to delay payment of winning the land use right auction and split the parcel, issue the LURC for a part of the land number 73 Nguyen Hue is wrong. regulations, causing loss of State budget. Viet Thanh Company has not been licensed to invest in the construction of the above land, but the Department of Finance and the Valuation Council have advised the People’s Committee of Thua Thien-Hue province to issue Decision No. 95 / QD-UBND to refund the amount. More than 969 million VND for the invested Viet Thanh Company is not in accordance with the direction of the Provincial People’s Committee. For the above violations, the responsibility falls under the Chairman of the People’s Committee of Thua Thien-Hue province; Directors of Departments: Finance, Natural Resources and Environment, Construction, Planning and Investment, Director of Tax Department and Viet Thanh Company. Similarly, the Prime Minister has clarified the assignment of land lot A7 (group 13, area 5, An Dong ward, Hue city) to Mr. Huynh Cu (Hue City Party Secretary for the 2015-2020 term; Chairman of the Hue City People’s Council. period 2016-2021 has just been dismissed) not through auction. Or the People’s Committee of Hue City held an auction for 5 public housing and land establishments, including housing area No. 01 Pham Thi Lien; real estate at 27 Au Trieu (1,131.7m2); the land 101 Phan Dinh Phung (2,361,4m2); real estate 138 Chi Lang (270.2m2); real estate No. 01 Chi Lang (52.8m2) not in accordance with regulations, violating Clause 2, Article 15, Decree No. 44/2014 / ND-CP of the Government; violating Point dd, Clause 2, Article 23 of Decree No. 17/2010 / ND-CP of the Government on property auction. Responsibility for these violations lies with the Chairman of the People’s Committee of Hue City, Director of the Center for Development of the Hue City, Head of the Finance and Planning Department and related organizations and individuals from time to time. In addition, according to the conclusion of the TTCP, the division of plots, the auctioning of 18 plots of land in Thuy Bang commune (Huong Thuy town) violated the regulations on property auction. Since then, the Prime Minister has proposed to the Prime Minister to direct the People’s Committee of Thua Thien-Hue province to urgently reorganize the management, use of land, management of construction investment in the area; review and take appropriate form of handling for the Chairman of the People’s Committee of Thua Thien-Hue province, the Vice Presidents in charge of the province through the periods together with related collectives and individuals to happen violations. TTCP proposed to assign the Thua Thien-Hue province authorities to handle the total amount of violations of more than 401 billion VND and 1,219 USD discovered through the inspection; proposing to examine and rectify the bidding and auction work in the province of Thua Thien-Hue; direct the termination of the lease of houses and land in the designated form in Hue city and manage and use real estate in accordance with the law.

Around 2009, his family asked to redeem the transferred land, but Ms. Hoi did not agree, he cut down the eucalyptus tree to build a house to live in. Seeing damage, he filed a lawsuit and the case was resolved by the People’s Court of Phu Tan district in 2011 and resolved by the People’s Court of An Giang province in 2012. After that, the People’s Court of Phu Tan district tried the second time and the results rejected the request. claiming his family’s LURC. Specifically, the court accepted a part of the request of Mr. Men, Mrs. Manh; recognizing the area of ​​Mr. Men, Ms. Manh transferred the land use right of 939.1 m2 to Ms. Le Thi Hoi; At the same time, he forced his family to dismantle, relocate the house, and return the area of ​​535.6 square meters of land to Ms. Hoi. Mr. Nguyen Van Men presented the case to An Giang Newspaper “When I transferred the land, my family did a“ land purchase and sale sheet ”but this paper later showed signs of repair, not true to reality. Although my family asked the court to reconsider the land sale paper, it was still not considered and resolved by the court of 2 levels. The land I sold before was only 700m2, now up to 939.1m2 of land and this balance must belong to my family ”- added Mr. Nguyen Van Men. Explaining this, Ms. Le Thi Hoi said that the amount of land she transferred from the family of Mr. Men, Mrs. Manh bordered the land with many people, now she still holds the land purchase and sale papers. The transferred land has a width of 17.50m, the length from the dam of the field to the edge of Provincial Road 954, although the area of ​​purchase of 700m2 of land, the actual measurement is 939.1m2 of land, and has been granted a LURC. The purchased land has a large tunnel pair of large rural roads and over the years of renovation, there is a surplus of land. After that, Mr. Men’s family self-renovated the land, bundled the foundation, down the stone pillars to build the house to take up the sold land. Since then, there have been disputes and lawsuits to many places and years. This case was considered and resolved by the court, without the fact that she forged papers like Mr. Men and Mrs. Manh’s family falsely accused. After many times the court considered and resolved, Mr. Men ‘s family believed that the injustice should continue to complain and initiate lawsuits. By January 23, 2016, high-level People’s Court in the city. Ho Chi Minh opened the cassation hearing to review the case. The results, cancel the previous first-instance and appellate judgments, hand over the case files to the People’s Court of Phu Tan district for first-instance trial according to regulations. On May 22 and 28, 2018, An Giang Provincial People’s Court tried appellately on “Dispute of the land use right transfer contract; claim land use rights and compensate for damage ”. The results, revising the first instance judgment No. 48/2018 / DS-ST dated February 27, 2018 of the People’s Court of Phu Tan district, recognizing the land use right transfer contract of 939.1 square meters on July 19, 1997 between Mrs. Le Thi Cheer and Mr. Nguyen Van Men, Ms. Nguyen Thi Manh. Because the appellate judgment takes legal effect, then the case has been executed in accordance with law. The Men family continued to appeal to many places. On 10-10-2019, the high-level People’s Court in the city. Ho Chi Minh issued a notice not to accept the appeal according to the cassation procedure of the family of Mr. Men, Mrs. Manh. On August 24, 2020, the High-Level People’s Procuracy in the city. Ho Chi Minh issued a notice on the non-appeal of cassation review to the An Giang People’s Court’s Judgment No. 106/2018 / DS-PT dated May 28, 2018 due to no basis for consideration and resolution. Lawyer Tran Ngoc Ban (An Giang Province Bar Association) said that the People’s Court implements a two-level system of first-instance and appellate trials. The first-instance judgments or decisions that are not appealed or protested within the prescribed time limit shall become legally effective. For first-instance judgments or decisions that are appealed against or protested, the cases are subject to appellate trial and the appellate rulings take legal effect. However, in the trial process, there are many reasons for the inaccurate point of the judgment or decision in effect. In order to ensure the trial work and the protection of the involved parties’ legitimate rights and interests, legally valid and erroneous judgments and decisions must still be protested for re-consideration according to cassation procedures. or reopening. Cassation and reopening procedure is not a trial level, it is only the procedure for reviewing effective judgments or rulings due to errors or violations of law; or discovering new and important details of the case that the court and the involved parties do not know or know. Posts, photos: NR