Arbitrarily converting agricultural land to commercial business
At the explanation session, Head of the Legal Committee of the Hanoi People's Council Duy Hoang Duong asked the Director of the Department of Natural Resources and Environment to clarify the responsibility when individuals and organizations arbitrarily change the purpose of use from public land, public agricultural land to restaurant business, ecological areas or even build factories, temporary works as warehouses...
Deputy Head of the Economic - Budget Committee of the City People's Council Vu Ngoc Anh asked the Director of the Department of Natural Resources and Environment to clarify the responsibility and solutions to resolve the situation of gathering and trading construction materials located in the flood drainage routes of the Red River and Duong River.
Answering questions from delegates, Director of the Department of Natural Resources and Environment Le Thanh Nam said that in the past, districts have implemented the principle of not allowing new violations related to land and construction in riverbanks and outside the dike. However, in reality, in the past, many localities leased agricultural land to individuals and organizations, but when the 5-year lease period expired, it was difficult to identify assets on the land. Because according to regulations, these assets are not sufficient grounds for compensation when land is recovered.
Regarding solutions in the coming time, according to the Director of the Department of Natural Resources and Environment, the Department as well as other units are continuing to implement the principle of not allowing new violations to arise and thoroughly handling old violations, especially complying with regulations according to the city's general planning.
Explaining and clarifying the contents related to the local responsibility, the representative of the leader of Phuc Tho district said that according to the inspection conclusion of the Department of Natural Resources and Environment, the wharves and gathering places along the river must establish projects in the form of transfer; however, due to the adjustment of the 2024 Land Law, the locality has not been able to implement according to the Department's instructions.
The representative of Phuc Tho district also said that the biggest difficulty for the locality lies in the communes bordering Yen Lac district, Vinh Phuc province, where the alluvial land along the river is continuously eroding because this province still grants licenses to sand mining units. Therefore, the district requested the Department of Natural Resources and Environment to guide the units to implement.
Most river dikes have construction violations on the dike surface.
Regarding the question of delegate Duy Hoang Duong about the responsibility of the Department of Agriculture and Rural Development when there are houses built right on the dike, adjacent to the dike, riverbank such as in Phong Van commune, Ba Vi district; Trung Chau commune, Dan Phuong district, Deputy Director of the Department of Agriculture and Rural Development Nguyen Van Quyen said that currently, the situation of houses built along the dike corridor in general and on the dike surface in particular is very common. Almost all dike routes passing through localities have this situation.
The reason is that households have lived here for many years, even hundreds of years; because in the past, small dikes, during the renovation and upgrading process, were expanded to encroach on people's houses, even before the time the Dike Ordinance was issued, so many houses still exist there. At the same time, there are also cases of violations in new construction.
“According to the latest regulations, including the ordinance and the dike law, all households within the dike protection area must move, this responsibility belongs to the government,” said Mr. Nguyen Van Quyen.
According to the Deputy Director of the Department of Agriculture and Rural Development, currently the displacement volume, for example the dike renovation project on the Bui River dike in Chuong My district has up to 1,000 households, the displacement volume is very large so the project must be adjusted... According to the Deputy Director of the Department of Agriculture and Rural Development, the most convenient and fastest solution is to implement dike projects - that is, when there is a project to expand the dike surface, harden the dike surface, put this area into the project, relocate households out of the dike safety corridor, or have large relocation and migration programs.
At the explanation meeting, Director of the Department of Construction Vo Nguyen Phong clarified the current situation of people violating the construction of single-family houses in areas outside the dyke and riverbank in Phuc Tho district and some localities when the local authorities did not handle it thoroughly. Accordingly, the Department of Construction held a meeting with experts, units, districts and counties to have guiding documents on the content related to granting permits for construction of single-family houses in riverbank and outside the dyke areas. Up to now, localities have actively implemented and have granted 574 permits.
Director of the Department of Construction Vo Nguyen Phong said that through the report on the status of violations of construction order in districts, the Department has analyzed and clarified the violations to coordinate with localities to handle them effectively, with the principle of not allowing new violations to arise.
After 3 years, the districts have not yet established detailed planning at a scale of 1/500.
At the explanation session, Head of the Culture - Society Committee, Hanoi People's Council Nguyen Thanh Binh requested the Director of the Department of Planning - Architecture to clarify the responsibility when after 3 years, the districts (13 units) have not yet completed the detailed planning at a scale of 1/500 for existing residential areas that exist, are protected, and specifically determine the legality of land use according to Decision No. 1045, 1046/QD-UBND dated March 25, 2022 of the City People's Committee on the urban subdivision planning of the Red River and Duong River at a scale of 1/500.
In response to this question, Director of the Department of Planning and Architecture Nguyen Trong Ky Anh said that, up to now, based on the opinions of the Department of Agriculture and Rural Development, localities have reviewed, reported and shown certain difficulties related to the provisions of the Land Law through the stages, such as technical guarantees within the boundaries of flood escape corridors. To outline the space of flood escape corridors with rivers is difficult to implement in the field without specific plans and measurements.
The Director of the Department of Planning and Investment expressed hope that in the coming time, when the Capital Planning has been approved, the specific contents of the residential areas outside the beach according to Decision No. 257/QD-TTg of the Prime Minister approving the Flood Prevention Planning and the dyke planning of the Red River and Thai Binh River systems, as well as according to the Capital Planning will soon be implemented to soon stabilize the situation of construction investment and construction permits for construction projects, especially individual houses for people.
Responding to clarify the contents raised by the City People's Council delegates at the explanation session, Vice Chairman of the City People's Committee Nguyen Trong Dong clearly stated the current situation and practical difficulties in resolving and handling violations of land and construction order in riverbank areas and outside the dike in the city.
According to the Vice Chairman of the City People's Committee, on December 12, Prime Minister Pham Minh Chinh signed Decision No. 1569/QD-TTg approving the "Hanoi Capital Planning for the period 2021-2030, with a vision to 2050". On that basis, the City People's Committee requested relevant units to adjust the 1/5000 and 1/2,000 scale planning accordingly for early completion in 2025. For districts, it is necessary to focus on removing difficulties to speed up slow-progressing projects, including projects located in riverbank areas and outside the dike.
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