Resolve the complaint of Mrs. Tran Kim Tram's household

When implementing the above project, on March 19, 2021, the Compensation Council of Long Xuyen City made a record of damage inventory signed and confirmed by Ms. Doan Thi Giang Thanh (representing Ms. Tram), showing: House 1, area 48.6m ² ; House 2, area 21.72m ² ; water floor area 6.20m ² ; warehouse, area 102.67m ² ; approach bridge, area 9.20m ² ; electricity meter, water meter, cable TV; plants (jackfruit, custard apple and Barringtonia acutangula). On May 4, 2021, the Office of the Provincial People's Committee signed Notice 200/TB-VPUBND conveying the conclusion of the Vice Chairman of the Provincial People's Committee with the following content: The Long Xuyen embankment project does not implement compensation and support for land (due to irrigation land, alluvial land and land managed by the State), the People's Committee of Long Xuyen City. Long Xuyen urgently approved the plan, paid compensation to households and handed over the site before May 31, 2021; agreed on the policy for households in My Khanh commune located in the landslide disaster area to be resettled in Binh Duc resettlement area.

Ms. Tran Kim Tram was granted a land use right certificate (LURC) No. 01566QSDD/fA by the People's Committee of Long Xuyen City on June 7, 2000, plot 103, map sheet No. ¹² , area 812m2, land T + LNK (in which T = ^800m2 , LNK = ^12m2 ). On July 15, 2021, the People's Committee of Long Xuyen City issued Decision 2616/QD-UBND on compensation and support for houses, structures and crops for Ms. Tram's household in the amount of VND 308,561,268. In the working minutes dated November 12, 2021 of the People's Committee of Long Xuyen City. Long Xuyen, Ms. Thanh agreed on the compensation price for the house and structures according to the city's decision, agreed to relocate the house and structures and hand over the site to the State on November 25, 2021; requested compensation, land support and resettlement site arrangement.

On November 15, 2021, the Land Fund Development Center in conjunction with the City Inspectorate and the People's Committee of My Khanh Commune went to the field to measure and check the current status according to Ms. Thanh's boundary markers. Result: The current status of the land that Ms. Tram's household is using is ^306.70m2 , on the land there is a wooden house, corrugated iron roof, tiled floor, divided into 2 parts, 1 part Ms. Tram let her daughter, Ms. Thanh, live in, the remaining part she lives with her son, daughter-in-law and 2 grandchildren, 1 roof is made of basa fish by-products... The family consists of 5 people (Ms. Thanh has her own household registration, registered the damage declaration of the part of the house she is living in and was compensated, supported and resettled by the People's Committee of Long Xuyen City with the amount of 165,823,633 VND on July 15, 2021 and was allocated a resettlement land plot with land use fees collected at Binh Duc Resettlement Area). On December 20, 2021, the Compensation Council of Long Xuyen City. Long Xuyen made a record of damage inventory signed and confirmed by Ms. Thanh, showing: The area of ​​land recovered was ^306.7m2 ; on the land there was a house and a warehouse.

On July 12, 2023, the People's Committee of Long Xuyen City issued Decision 2191/QD-UBND to reclaim ^306.7m2 of perennial land and Decision 2192/QD-UBND to compensate, support and resettle Ms. Tram's household with an additional amount of VND 360,372,500. Ms. Tram's household was allocated a residential land plot with land use fees collected at Binh Duc Resettlement Area with the land price for land use fees being VND 3,984,000/ ^m2 . For corner plots, multiply by a coefficient of 1.2. Ms. Tram complained to the People's Committee of Long Xuyen City, requesting compensation for 306.7m2 ^of perennial land to the residential land price of VND 13,375,000/ ^m2 . Minutes of the dialogue dated June 27, 2024, Chairman of the People's Committee of Long Xuyen City. Long Xuyen concluded: Ms. Tram's request for compensation for land area of ^{​​306.7m2} at residential land price of 13,375,000 VND/ ^m2 has no basis for consideration and resolution.

On July 3, 2024, the Chairman of the People's Committee of Long Xuyen City issued Decision 5465/QD-UBND to resolve the first complaint: Upholding the content of Decision 2192/QD-UBND, dated July 12, 2023 of the People's Committee of Long Xuyen City on compensation, support and resettlement for Ms. Tran Kim Tram; rejecting the complaint request of Ms. Doan Thi Giang Thanh (authorized representative of Ms. Tram). Ms. Tram complained to the Provincial People's Committee, requesting compensation for the recovered land area of ^{​​306.7m2} into residential land. The land area of ^{​​306.7m2} recovered by the State to implement the Project is outside the Land Use Right Certificate No. 01566QSDD/fA granted to Ms. Tram on June 7, 2000. According to regulations, Ms. Tram's household has been granted a land use right certificate with enough residential land area according to the regulations on residential land area limit at the time of granting the land use right certificate, which is ^800m2 . Therefore, the People's Committee of Long Xuyen City issued Decision 2192/QD-UBND, dated July 12, 2023, to compensate, support, and resettle an additional ^306.7m2 of perennial land, which is in accordance with the law. Decision 5465/QD-UBND, dated July 3, 2024, of the Chairman of the People's Committee of Long Xuyen City, not to resolve compensation for residential land is in accordance with the regulations. Ms. Tram's continued complaint to request compensation for ^306.7m2 of residential land is without basis for resolution.

Pursuant to Article 33 and Point b, Clause 1, Article 36 on compensation, support and resettlement when the State recovers land in An Giang province, issued together with Decision 33/2018/QD-UBND, dated October 9, 2018 of the Provincial People's Committee: "Resettlement policy is a policy that must be implemented in cases of relocation and clearance in which users of recovered land must relocate their houses, structures and other assets to hand over the site to the State...; The State allocates 1 resettlement land plot with land use fee collection in cases where a household or individual has all of their only residential land plot recovered within the commune, ward or town where the recovered land is located". Ms. Tram's household had 306.7m2 ^of perennial land recovered, on which Ms. Tram's house is located. Ms. Tram's household still has ^800m2 of residential land, there is only 1 couple, no relocation, so they are not eligible to be allocated a residential land plot with land use fee collection. Therefore, Decision 2192/QD-UBND, dated July 12, 2023 of Long Xuyen City People's Committee, resolving to allocate Ms. Tram's household a residential land plot with land use fee collection is against the regulations, therefore Long Xuyen City People's Committee must recover it.

At the dialogue on March 6, 2025, chaired by Deputy Chief Inspector of the province Khuu De Danh. After listening to the explanation of the People's Committee of Long Xuyen City, the provincial departments and the person chairing the dialogue, Ms. Tram's household still maintained the request for compensation for 306.7m2 ^of perennial land that was recovered as residential land. Based on the conclusion of the Provincial People's Committee in Official Dispatch 782/VPUBND-NC, dated February 18, 2025, the Provincial Inspectorate will advise the Provincial People's Committee to issue a decision to resolve the second complaint in the direction of rejecting the complaint request; maintaining the content of the first complaint resolution decision of the Chairman of the People's Committee of Long Xuyen City.

KN

Source: https://baoangiang.com.vn/giai-quyet-khieu-nai-cua-ho-ba-tran-kim-tram-a417998.html