Dat Phuong Son Tra Company receives land transfer from non-owner

Transfer of land without red book

According to the reporter's investigation, to construct the 110kV power line project, Dat Phuong Son Tra Hydropower Joint Stock Company (Dat Phuong Company) negotiated with people who are landowners whose land is in the power line route planning to transfer land use rights.

In addition to constructing on land that has not been allocated or leased by the State, Dat Phuong Son Tra Company also transferred land of people who have not been granted land use right certificates.

Accordingly, in Son Tay district, the number of buried high-voltage power poles is 10 and in Son Ha district, the number is 54.

In Son Ha district, the 110kV line passes through 6 communes including Son Ky, Son Thuong, Son Hai, Son Thuy, Son Trung and Di Lang town with a planned land area of ​​more than 298,000m2.

Of which, the land for the power line corridor is nearly 285,000m2 and the land for burying high-voltage poles is nearly 14,000m2 with a total of 81 plots of land/74 households.

However, among the 81 plots of land of 74 households that Dat Phuong Company received from the people, according to Son Ha district authorities, there were plots of land that at the time of receiving the transfer had not yet been granted land use right certificates by competent authorities.

The report of the People's Committee of Son Ha district in removing obstacles and difficulties for the Son Tra hydropower project shows that: The investor received the transfer of land use rights from households and individuals in the area in 2016-2017 to bury high-voltage power poles, the land use right transfer documents were confirmed by the People's Committees of the communes where the power line passes through.

However, the fact that Dat Phuong Son Tra Company agreed to accept the transfer of land use rights in some cases where the land plots had not been granted land use right certificates did not comply with the provisions of the Land Law.

At the same time, in the investment policy decision and the decision to adjust the investment policy of the project issued by the People's Committee of Quang Ngai province, there are no 5/6 communes of Son Ha district where the power line and the tower system pass through: Son Thuong, Son Hai, Son Thuy, Son Trung and Di Lang town.

Son Ha district authorities said that 5/6 communes and towns where the 110kV line passes through are not included in the project investment policy, so there is no basis to complete land procedures for businesses.

Therefore, Son Ha district authorities believe that the investor's request for the district to appraise the map, carry out procedures for land recovery, change of land use purpose, and land lease is not yet valid.

Therefore, the district has no basis to submit to the Department of Natural Resources and Environment for appraisal of the map as a basis for land recovery, land use purpose change and land allocation according to the provisions of law because the project implementation policy does not include 5/6 communes and towns of the district.

Quang Ngai Department of Natural Resources and Environment: Dat Phuong Company has violations

According to the reporter's investigation, to pave the way for the transfer of land and the burial of 64 electric poles on land when the State had not yet allocated land, leased land, or changed the land use purpose, Dat Phuong Son Tra Company relied on many notices and documents issued by the People's Committee of Quang Ngai province.

Specifically, notice 237 of 2015 and official dispatch 5537 of 2016, on the construction of the 110kV line connecting Son Tra 1 hydropower plant to the national power system at the 220kV transformer station (Di Lang town, Son Ha).

Accordingly, the People's Committee of Quang Ngai province allows investors to negotiate and transfer land use rights with households with land areas in the project area.

At the same time, Dat Phuong Son Tra Company is required to be responsible for completing the procedures according to regulations, including paying for land use rights transfer to households to be leased land by the state.

Quang Ngai province also allows investors to bury high-voltage power poles in parallel with compensation and site clearance.

In the construction permit issued by the Quang Ngai Department of Construction in 2017 to construct the 110kV line, the department required Dat Phuong Son Tra Company to comply with the provisions of the law on land and construction investment.

Quang Ngai province created conditions for Dat Phuong Son Tra Company to implement the project in parallel with completing land procedures, but up to now, hundreds of thousands of square meters of land for power lines and high-voltage poles have not been allocated.

However, 7 years have passed since the completion of Son Tra 1A, 1B and 1C hydropower plants, but land procedures are still on paper.

The investor has not yet made clear moves to speed up the legalization of land procedures so that the People's Committee of Quang Ngai province can decide to reclaim land, change land use purposes, and lease land according to the provisions of law.

The entire land fund of hundreds of thousands of square meters located in the direction of the 110kV power line and 64 high-voltage power poles tens of kilometers long across the two districts of Son Ha and Son Tay is still in a state of "illegal construction" on land that has not been allocated, leased, or changed in land use purpose by competent authorities.

Speaking with Giao Thong Newspaper, the leader of the Department of Natural Resources and Environment of Quang Ngai said that Notice 237 of the Provincial People's Committee allows investors to compensate people for land in the form of an agreement, but in the end, the state must have procedures to reclaim the land before implementing the change of land use purpose and handing over the land to investors.

“Up to now, the investor has buried dozens of electricity poles and connected to the national grid, but has not completed land procedures, has not been allocated land by Quang Ngai province, and leasing land is wrong.

Everything must follow the procedures and regulations of the Land Law, which is that the State reclaims the land that the enterprise has compensated for, proceeds to issue decisions on changing the land use purpose, land allocation, land lease, and this project is no exception.

There is no way the province would allow businesses to negotiate land compensation themselves and then argue that the State has allocated the land," the leader of the Department of Natural Resources and Environment affirmed.

To clarify this issue, the reporter contacted Mr. Phan Ngoc Long, Deputy Director of Dat Phuong Son Tra Hydropower Joint Stock Company by phone, but no one answered the phone.

Previously, Giao Thong Newspaper reported that over the past 7 years, the 110kV power line and 64 high-voltage power poles from the complex of 3 Son Tra hydropower plants 1A, 1B and 1C were built by Phuong Son Tra Hydropower Joint Stock Company in Quang Ngai, but the authorities did not know because all the power lines and power poles were built on land that had not been allocated or leased by the State.

Source: https://www.baogiaothong.vn/vu-64-tru-dien-cao-the-cong-ty-dat-phuong-son-tra-nhan-chuyen-nhuong-dat-khong-chinh-chu-192241016163304437.htm