Prolonged complaint
To build infrastructure for Dong Que Son Industrial Park (IP) in Huong An commune (old), on September 5, 2012, Que Son District People's Committee issued Decision No. 163 on land recovery from households and individuals (104 households). Including land plot No. 40, map sheet No. 33, area 4,060m2, rural residential land of Ms. Le Thi Mieng's household.
Ms. Mieng filed a complaint requesting the allocation of 4 resettlement plots when the State reclaimed the land, but was not accepted by the People's Committee of Que Son district. After Ms. Mieng passed away, her son, Mr. Vo Vinh Quang, continued to file a complaint and in Decision No. 1865 dated July 13, 2020, the People's Committee of Quang Nam province accepted the allocation of 4 resettlement plots.
Implementing this decision, on December 21, 2023, Ms. Nguyen Dinh Le Thuy (Mr. Quang's wife) drew lots and agreed with the 4 resettlement land lots drawn in the residential area and arranged resettlement in village 3, Huong An town. However, not agreeing with the resettlement land price in Decision No. 448 dated April 25, 2024, Mr. Quang authorized Ms. Thuy to file a complaint.
Ms. Thuy said that in Decision 448, the People's Committee of Que Son district applied the price of 1.815 million VND/m2 which is not in accordance with regulations and is not consistent with Decision 1793 dated December 20, 2013 of the People's Committee of Que Son district on approving the compensation value and resettlement support for Ms. Le Thi Mieng's household.
According to Ms. Thuy's argument, Que Son District People's Committee is implementing Decision 1865 dated July 13, 2020 of the Provincial People's Committee, which means it must be resolved in accordance with the spirit of Decision 1793 of the District People's Committee, not promulgating and applying new resettlement land prices.
Regarding the legal basis for not accepting Ms. Thuy's complaint and applying the land price of 1.815 million VND/m2, according to Mr. Nguyen Minh Chau - Vice Chairman of Que Son District People's Committee: In the related decisions on land compensation and application of compensation unit prices, Decision 1793 of Que Son District People's Committee specifically does not include compensation for land, only compensation for architectural objects and reward funds. To calculate the land use fee of Ms. Le Thi Mieng's household, Que Son District People's Committee based on Clause 3, Article 108 of the 2013 Land Law, that is, calculating the resettlement land price at the time of land allocation.
Concerns about the application of legal regulations to calculate resettlement land prices for Ms. Le Thi Mieng's household were raised by the province's professional sector at the recent dialogue session of the Provincial Inspectorate. Because the law stipulates that resettlement must be arranged before the State reclaims land, but it was not until 2023 that the Que Son District People's Committee completed the construction of the resettlement area.
The Provincial People's Committee also agreed to arrange 4 resettlement land lots after citizens complained. Then the land acquisition price was only 50 thousand VND/ m2 , a huge difference compared to the resettlement land price of 1.815 million VND/ m2 ...
Due to the inadequacies of state management, in order to ensure the legitimate rights of citizens, the Provincial Inspectorate agreed with the viewpoint of the professional sector to organize a meeting of the Provincial Advisory Council to collect opinions on calculating resettlement land prices for Ms. Mieng's case.
Struggling to determine the type of residential land
According to the province's professional sector, the calculation of resettlement land price for Ms. Le Thi Mieng's household will also be the basis for considering and resolving the remaining 72 cases of land clearance to serve the construction of the Dong Que Son Industrial Park project.
The monitoring results of the Vietnam Fatherland Front Committee of the province at the end of 2023 recorded that after 13 years of project implementation, the People's Committee of Que Son district has not yet completed the compensation, support and resettlement work for people directly affected.
This problem causes difficulties in managing the current situation, greatly affecting the lives, activities, rights and legitimate interests of the people. In particular, families subject to white clearance do not have resettlement land.
The old houses are degraded and severely damaged but have not been repaired or rebuilt, causing resentment among the people. Meanwhile, the families who have received land and built houses on resettlement land have not yet received a decision on land allocation and land use right certificates from the People's Committee of Que Son district according to the provisions of law, affecting the rights of land users.
In the recommendations, for the People's Committee of Que Son district, the Vietnam Fatherland Front Committee of the province requested to urgently establish, appraise and approve the resettlement plan to soon proceed with the allocation of resettlement land and grant of land use right certificates to 73 households directly affected by the project, contributing to stabilizing housing, ensuring production and stabilizing people's lives.
Responding to the proposal of the Provincial Vietnam Fatherland Front Committee, in Report No. 357 dated June 10, 2024, the People's Committee of Que Son district said that the 73 households mentioned above had received compensation and support since 2012, but were still living on the residential land area recovered in 2012 because they had not been allocated resettlement land. After more than 11 years, the State has just completed the construction of 2 resettlement areas in Village 3 and Village 4 (Huong An town), but has not yet established a plan to arrange resettlement land for the households.
The reason, according to the People's Committee of Que Son district, is that there is no basis to re-recognize the residential land area in the land recovery decisions, including: Decision No. 163 dated September 5, 2012, No. 566, 571, 596 dated December 25, 2012 of the People's Committee of the district recorded the type of recovered land: residential land + garden land.
To resolve the problem, the District People's Committee has directed and assigned specialized agencies to review the regulations to advise the District People's Committee to adjust the recognition of residential land area in the land recovery decisions of the District People's Committee in 2012. After the decision to adjust the recognition of residential land for households is issued, the resettlement land will be considered for allocation, land prices will be established to collect resettlement land use fees, and resettlement land allocation plans will be prepared and submitted for approval.
Speaking at the recent dialogue, Mr. Huynh Ngoc Tien - Deputy Chief Inspector of the province said that at the time of land recovery, the local government recognized it as rural residential land with a very large area, but later, when determining the limit, it was not like that. The People's Committee of Que Son district is struggling to re-determine the type of residential land that was recovered to serve the Dong Que Son Industrial Park project.
Source: https://baoquangnam.vn/vuong-mac-tai-du-an-khu-cong-nghiep-dong-que-son-chua-lap-duoc-phuong-an-bo-tri-tai-dinh-cu-3142905.html
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