A plot of land "needs" 3 projects
The land plot of Mr. Nguyen Tan Day's family has an area of 360m2² (residential land type) and has been living stably for a long time in Ha My Dong B block, Dien Duong ward (Dien Ban).
In 2005, a part of Mr. Day's family's land was "in conflict" with the Cam An - Dien Duong - Dien Ngoc coastal tourism road project. At that time, the authorities had reclaimed 177.9m2 of Mr. Day's family's land to implement this project, but the People's Committee of Dien Ban district did not issue a decision to reclaim the land.
On December 11, 2006, Dien Ban District People's Committee issued Decision No. 1689 approving the resettlement plan for households subject to complete clearance in project areas in Dien Duong commune.
According to this decision, Mr. Nguyen Tan Day's family was allocated a resettlement plot of land under the main plot area (area of 200m2 ), due to being affected by the 20m2 green strip through the resort and tourism service area.
After that, Mr. Nguyen Tan Day's household paid the full amount of temporary resettlement money of more than 106 million VND (equivalent to the compensation amount of 177.9m2 of land that the authorities had previously recovered from Mr. Day's family to implement the coastal road project) to the Land Clearance and Resettlement Compensation Board of Dien Ban district (now the Land Fund Development Center of Dien Ban town).
However, Mr. Day's household has not been granted a Certificate of Land Use Rights for this resettlement plot because he still owes land use fees for 22.1m² of land, the difference between the resettlement land area and the recovered land area (200 - 177.9m²).
According to Mr. Nguyen Tan Day, the reason his family has not paid is because their family situation is too difficult and they have submitted a request to owe land use fees but the People's Committee of Dien Ban district at that time has not considered and resolved it.
In November 2009, Dien Ban District People's Committee issued decisions to reclaim the remaining 182.1m2² of land from Mr. Day's family to make a green strip for the coastal tourist road (178.8m²) and hand it over to Indochina Hoi An Beach Villas Company to do the project.
However, due to previous confusion with the 177.9m² land area that was recovered but not yet resolved, Mr. Nguyen Tan Day's family has not received compensation, support, has not handed over the land and continues to live temporarily on this plot of land until now.
Through the process of resolving the case, in 2023, Dien Ban Town People's Committee issued Decision No. 5185 adjusting the content of Decision No. 1689 (2006), canceling a resettlement land lot of 200m ² for Mr. Day's household because he did not meet the resettlement conditions.
In his complaint to the Chairman of the Provincial People's Committee, Mr. Nguyen Tan Day requested to cancel Decision No. 5185 of the Dien Ban Town People's Committee, and at the same time arrange resettlement and grant land use right certificates to his household according to Decision No. 1689 issued by the Dien Ban District People's Committee in 2006.
According to the results from the provincial Inspectorate's verification team, the Dien Ban town government's adjustment of Decision No. 1689 is appropriate, because at the time of the decision's issuance (2006), the arrangement of 200 square meters of resettlement land for Mr. Day's household did not ensure the order and procedures.
However, the verification team also said that up to now, the entire area of 360m2 has been decided to be reclaimed (cleared) but the People's Committee of Dien Ban town has not yet resolved the resettlement arrangement, causing frustration for the family.
Have a reasonable and sympathetic solution soon.
The matter was dragged on for a long time, when the People's Committee of Dien Ban town requested Mr. Day's household to hand over the entire 360m2 of land that had been confiscated, then there would be a basis and a resettlement plan, while Mr. Day's family requested to completely resolve a part of the previously confiscated area ( 177.9m2 ) before continuing.
According to the Provincial Bar Association, this is a very worrying case, the fault of the authorities in the past but left behind consequences that greatly affected the property and life of Mr. Day's family.
In addition to clarifying the responsibility for the temporary collection of resettlement land use fees (more than 106 million VND) from Mr. Nhat's household, which is not in accordance with regulations, the most important thing is to soon have a solution to ensure the legitimate rights of this case. In particular, it is necessary to consider a compensation plan to match the time of land acquisition nearly 20 years ago.
Mr. Nguyen Xuan Ha - Vice Chairman of Dien Ban Town People's Committee said that in case of continuing to reclaim 182.1m²2, to ensure maximum benefits for Mr. Day's family in the current context, it is possible to consider applying the content of Decision No. 42 issued by the Provincial People's Committee together with Decision No. 29 on amending and supplementing a number of articles of Decision No. 42.
“In this case, if arranged according to the plan of Decision No. 42 and supplemented by Decision No. 29 to ensure maximum benefits for citizens, the total area arranged for Mr. Day's household is about 250m2². If arranged according to this plan, resettlement cannot be arranged at the current location,” said Mr. Ha.
According to the Land Fund Development Center of Dien Ban town, it is necessary to consider the option of 1 land plot with separate recovery decisions to serve 3 projects, then consider taking the accumulated area from the recovery of all 3 projects to arrange resettlement, ensuring the rights of Mr. Day's household.
There have been similar cases handled locally in previous years. However, the above options must wait for instructions from the Department of Natural Resources and Environment to ensure compliance with current legal regulations.
Mr. Huynh Ngoc Tien - Deputy Chief Inspector of the province said that the Provincial Inspectorate will soon advise the Chairman of the Provincial People's Committee to make a decision to resolve the complaint in this case according to the report of the verification team.
In addition, the People's Committee of Dien Ban town needs to promptly review, have solutions and plans for resettlement, and handle the amount of more than 106 million VND collected from Mr. Nguyen Tan Day's household, considering in a way that is beneficial to the complainant and in accordance with the law.
Source: https://baoquangnam.vn/vu-viec-mot-ho-dan-cho-bo-tri-dat-tai-dinh-cu-gan-20-nam-thanh-tra-tinh-quang-nam-de-xuat-huong-xu-ly-dut-diem-3137104.html
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