Villa Owners Sue Chairman of Phu Quoc in Forced Demolition Case

Two villa owners whose properties were forcibly demolished have filed a lawsuit against the Chairman of Phu Quoc City, alleging that the decision to carry out the forced demolition was not in compliance with regulations and resulted in property damage.

The administrative lawsuit, initiated by Mr. Vu Dinh Khanh and Mr. Le Xuan Hong, owners of two villas, against the Chairman of the People's Committee of Phu Quoc City, was recently heard in the Provincial People's Court of Kien Giang Province. The High People's Court accepted the claims of the two plaintiffs and determined that the actions of the Phu Quoc authorities in carrying out the forced demolition were in violation of regulations.

According to the lawsuit, in 2019, Mr. Vu Dinh Khanh, along with several others, pooled funds to purchase a 0.5-hectare piece of land from Mr. Dao Van Quy. The land was uneven, with natural mangrove trees, requiring leveling and development before use. At the time of purchase, Mr. Khanh only obtained a handwritten agreement with the seller, as the land had not yet been granted a land use certificate (red book). The following year, he built a house without any warnings or official documentation from the local authorities.

On August 25, 2022, officials from the local land department in Duong To Commune issued an administrative violation report against Mr. Khanh for occupying agricultural land. A month and a half later, he was fined VND 7.5 million and ordered to return the land to the Duong To Commune People's Committee (Decision No. 4325). On October 31, 2022, Phu Quoc City issued a forced demolition decision (Decision No. 5224), requiring Mr. Khanh to dismantle the villa within 10 days. However, on the morning of October 9, 2022, the villa was demolished by government authorities.

Mr. Khanh argued that the land on which his villa was built did not fall under the jurisdiction of Duong To Commune. He claimed that the decision to force the demolition within 10 days, which was not yet due, resulted in property damage. He believed that Decisions 4325 and 5224 issued by the Chairman of Phu Quoc City were incorrect and sought their annulment. He also claimed that the forced demolition was in violation of regulations, demanding over one billion VND in compensation from the city.

Similarly, Mr. Le Xuan Hong, who built a villa on a 0.5-hectare piece of land, faced forced demolition on the same day as Mr. Khanh. He filed a lawsuit against Decision No. 4324 and Decision No. 5226 issued by the Chairman of Phu Quoc City, seeking 1.1 billion VND in compensation.

During the trial, the representatives of the defendants argued that the land occupied by the villa owners was classified as agricultural land, specifically for long-term tree cultivation, and was under state management. The villa owners did not have authorization to use this land, and their actions had serious consequences that needed to be promptly addressed.

According to the Phu Quoc City People's Committee, all administrative documents were prepared in accordance with the established procedures. The forced demolition was carried out as prescribed because the villa owners only paid fines but did not voluntarily dismantle their structures. Therefore, the city requested the court to dismiss the plaintiffs' claims for compensation due to lack of legal basis.

The plaintiffs withdrew their total compensation request of over 2 billion VND to file a separate lawsuit, retaining the remaining claims.

According to the Provincial People's Court of Kien Giang, the land where the two plaintiffs built their properties was outside the jurisdiction of Duong To Commune, as confirmed by a written response from the land registration office. Therefore, Phu Quoc City incorrectly identified the managing authority, leading to incorrect decisions numbered 4324 and 4325.

The court also ruled that Phu Quoc's execution of the forced demolition within 10 days from the date the villa owners received the decision was incorrect. According to Article 5, Section 3 of Decree No. 166/2013/ND-CP (Regulations on the enforcement of decisions on administrative fines), the minimum period for execution should be 15 days.

The properties on the land were legally owned by the villa owners, and they had the right to dismantle or relocate them before the forced demolition. However, the government authorities initiated the forced demolition one day earlier than specified in the decision, resulting in the destruction of valuable assets. Using heavy machinery to destroy property without dismantling it was inconsistent with regulations and caused damage to the legal property of the plaintiffs.

Therefore, the High People's Court annulled the penalty decisions and forced demolition decisions against Mr. Khanh and Mr. Hong and declared that the Phu Quoc authorities' actions in forcing the demolition were in violation of regulations.

On September 28, disagreeing with the verdict, the Chairman of the People's Committee of Phu Quoc City filed an appeal, requesting the Higher People's Court in Ho Chi Minh City to dismiss all claims made by Mr. Hong and Mr. Khanh.

Source: VnExpress