Proposal for review according to cassation procedures for the verdict No. 106/2018 / DS-PT dated May 28, 2018 of the People’s Court of An Giang province on ‘Dispute over the contract of licensing land use (LURC); Land use right and compensation claims’ of the family of Mr. Nguyen Van Men, Ms. Nguyen Thi Manh has no basis to resolve. Since then, the appellate judgment takes legal effect and the case has been considered and settled according to regulations.
Presenting the case to An Giang Newspaper, Mr. Nguyen Van Men (born 1954), Ms. Nguyen Thi Manh (born 1960) and her children living in Phu Quoi hamlet (Phu An commune, Phu Tan) said, in 1997 Her family transferred 700m2 of 2-crop rice land to Mrs. Le Thi Hoi in the same village. The position behind the land for sale is rice cultivation, the front part of the Provincial Road 954 is a cellar that refuses to sell, grows many eucalyptus trees. When the state expanded the road, this land became the frontage, the area was raised to 939.1m2 of land.
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
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