Hơn 40 năm không làm được sổ đỏ vì hồ sơ giấy tờ lưu trữ bị mất | VTV24

Key Concepts

• Giao đất giãn dân (Resettlement land allocation): Land allocated by the local government to residents for expansion or resettlement.
• Giấy chứng nhận quyền sử dụng đất (GCNQSDĐ) / Sổ đỏ (Red Book): Certificate of Land Use Rights, the official document proving ownership of land.
• Đoàn thanh tra (Inspection team): A group conducting an official investigation.
• Biên bản giao đất (Land handover minutes): Official record of land handover.
• Hóa đơn nộp tiền (Payment receipts): Proof of payment for land.
• Địa chính xã (Communal land registry): Local government office responsible for land management.
• Phòng địa chính (Land registry office): Higher-level land registry office.
• Thanh tra thành phố (City Inspection Department): The city-level inspection authority.
• Lục lại hồ sơ (Retrieve records): To find and access archived documents.
• Chính quyền hai cấp (Two-tier government): Refers to both commune and district/city level authorities.

Summary of Land Dispute in An Khanh Commune

This summary details a long-standing land dispute in An Khanh commune, where 26 households were allocated resettlement land in 1985 but subsequently lost their documentation, preventing them from obtaining official land use certificates.

1. Initial Land Allocation and Documentation Loss

• 1985: The People's Committee of An Khanh commune allocated resettlement land to 26 households in the "Khu Văn Chỉ" area. Residents received the land and built their homes.
• 1987: An inspection team from Hanoi City conducted an investigation into this land allocation. They requested all land allocation documents and payment receipts from the 26 households. Crucially, these documents were collected by the inspection team and never returned to the residents.
• Consequence: Without these original documents, the affected households were unable to prove the origin of their land, leading to difficulties in obtaining their "Sổ đỏ" (Certificate of Land Use Rights).

2. Obstacles in Obtaining Land Use Certificates

• Residents attempting to apply for their "Sổ đỏ" were consistently denied due to the lack of documentation.
• One resident, Mr. Tam, managed to retain a notification of land payment, but this was deemed insufficient by the authorities to grant him a land use certificate for a house he had occupied for 20 years.
• When residents approached the communal land registry ("Địa chính xã"), they were informed that the land handover minutes were missing. They argued that they had submitted all their documents to the inspection team, making it impossible to produce these minutes.
• Attempts to resolve the issue with local officials, including the Vice Chairman and the communal land registry officer, proved futile, with residents being told to wait or that their cases would be processed, but ultimately nothing was done.

3. Efforts to Retrieve Lost Documents

• Reporters investigated the issue and spoke with former commune officials who worked during the time of the inspection.
• Mr. Hoán, who was responsible for land management at the time, confirmed that the Hanoi City inspection team collected all documents from the commune and the residents.
• In 2017, when Mr. Hoán was the Chairman of the commune, he sent officials to the City Inspection Department and even met with the inspectors from that period to try and retrieve the lost documents for the residents.
• Despite these efforts, the City Inspection Department's archives could not locate the records or the original payment receipts collected from the households. One former official mentioned being ill during that period and unable to recall details.

4. Re-examination and Ongoing Challenges

• Following the implementation of a two-tier government system, the new An Khanh commune authorities initiated a review of the case.
• A verification team was formed to investigate the land management process, which has been ongoing for nearly 40 years.
• The team is tasked with working with involved individuals and collecting documents from the archives of the commune and the former An Duc district.
• The objective is to gather sufficient evidence to process the land use certificates for the residents.

5. Discrepancy in Case Resolution

• Among the 26 households who lost their documents, 15 have successfully obtained their land use certificates.
• The remaining households are confused and question why, despite facing the same issue of lost documentation, some have been able to get their "Sổ đỏ" while others have not. This suggests potential inconsistencies or unaddressed issues in the resolution process.

Conclusion

The case of the 26 households in An Khanh commune highlights a critical failure in administrative processes, where the collection of essential land documents by an inspection team has led to decades of hardship for residents. Despite renewed efforts by the local government, the inability to retrieve the lost documentation and the unexplained disparity in case resolutions for similarly affected households underscore the ongoing challenges in achieving a just and equitable outcome for all involved. The core issue remains the lack of verifiable proof of land ownership due to the lost official records.