Lesson 3: All for the national interest

(Baonghean) - The issuance of land use right certificates within the traffic safety corridor is a violation of the law. In the mistakes of some government officials at that time, there were also mistakes of the people, but for the common good, for the development of the country, and above all, we all have to live and work according to the Constitution and the law, the people must cooperate with the government to correctly perceive the nature of the matter to resolve the problem in order to speed up the progress of site clearance for National Highway 1A.

Right from the first years of opening the market economy, to meet the needs of national development, the expansion and safety assurance on National Highway 1A have been of concern to our Party and State. To avoid causing damage and waste to the State and people when expanding roads, decisions and regulations guiding roads have been issued. Decision No. 06-CT dated January 3, 1990 of the Council of Ministers on the implementation of Decree 203-HDBT dated December 21, 1982 on Road Protection Regulations for national highways clearly stated: “1. According to the Road Regulations issued together with Decree No. 203-HDBT dated December 21, 1982 of the Council of Ministers, the scope of roads and road protection corridors is airspace, belonging to the route to protect, ensure traffic safety and reserve when expanding.

Land in the road protection corridor can only be used to grow food, crops and trees according to the instructions of the Ministry of Transport; 2. On national highways, especially National Highway 1, from the date of promulgation of the Road Protection Regulations, all works in circulation that are granted land by authorities at all levels, wards, communes, districts, towns or provinces, cities or are built without permission are violations of the law. Within 6 months from the date of signing this Decision, violating agencies and individuals must move the above-mentioned works out of the airspace corridor (from the foot of the embankment or the top of the dug road to each side 20 meters). The State will exempt fines and will not compensate.”

In 1993, when implementing the Project to Upgrade and Expand National Highway 1A, with PMU1 Management Board of the Ministry of Transport as the investor, along the entire route, this unit set the traffic safety corridor from the foot of the road to each side 7m, equivalent to 13.5m from the center of the road to each side. In Official Dispatch No. 1268/PMU1-QLDA2 of Project Management Board 1 - Ministry of Transport dated July 28, 2010 sent to the Steering Committee for compensation, support and resettlement of the projects to upgrade and expand National Highway 1A through Nghe An province, it was confirmed that "After reviewing and checking the archived documents at Project Management Board 1 on the land acquisition work of National Highway 1A of Project WB1 from Km 212+000 - km 463+000 (Cau Gie - Vinh City) in Nghe An province managed by Project Management Board 1, implemented in the years 1993-1998, Project Management Board 1 would like to give the following comments: 1. Area of ​​traffic works under Project WB1: procedures for permanent land recovery have been completed to the foot of the work; 2. Area from the foot of the work to the land acquisition pile of Project WB1: the sections of the route The distance through urban areas is calculated from the outer edge of the longitudinal ditch to each side is 3m, the sections passing through rural areas are calculated from the foot of the embankment and the top of the excavated embankment to each side is 7m, the sections with adjacent railways only have GPMB stakes installed on one side. Within this scope, the project has compensated for all works, structures on the land and trees and crops.

Households in Dien Chau have cleared land for traffic safety corridors, creating favorable conditions for construction units.

The Department of Industry and Trade and the Department of Natural Resources and Environment of Dien Chau district still keep records related to the clearance and compensation in 1994 of the PMU1 Project for households whose properties are located within the 13.5m corridor. The compensation commitment has the signatures of the representatives of PMU1, the District People's Committee, the Department of Finance, the District Land Acquisition Board, the Commune People's Committee and the representative of the compensated family. This commitment also records the wishes of the family at that time: "1. Take the money, go elsewhere, do not receive land; 2. Build on the remaining land; 3. Build on the new land allocated..." and at the same time commits "You commit that after receiving the compensation, you will demolish and move yourself, and commit not to rebuild any constructions, houses, or shacks on the entire land that has been handed over".

When implementing the PMU1 project to clear the land within the 13.5m area, there were also localities and households that did not receive compensation because they had no assets, houses, or crops to relocate or dismantle. Mr. Chu Xuan Thang, former Chairman of the People's Committee of Quynh Luu district, recalled: "At the time of implementing the PMU1 project, the section through Quynh Luu district did not have to be compensated because there were no assets, trees, or crops, and the assets on the 13.5m corridor were not valuable, so people did not ask for them. There were a few households that had questions, but the local authorities were able to persuade them."

Thus, regulations on the traffic safety corridor boundary of National Highway 1A as well as the clearance of traffic safety corridors have been clearly stipulated in previous legal documents and have been implemented by all levels and sectors.

However, as we mentioned in the previous article, due to limited capacity and superficial awareness of officials and people about road boundaries at that time, in many localities, after implementing the PMU1 Project, some government officials still carried out procedures to issue red books to people whose areas were within the 13.5m traffic safety corridor.

Mr. Tran Van Duyen - former Chairman of Quynh Giang Commune (Quynh Luu), said: "At that time, there were also officials from the district and the Department of Land Administration who came to give guidance, and also talked about the traffic safety corridor, but with the concept that land belongs to the State, they said to just grant it to people to use, and when the State needs it, it will be taken back."

Looking back on this issue, Mr. Chu Xuan Thang admitted that it was a "childish" and irresponsible act by some officials from the grassroots and related departments and branches at that time. However, at that time, local government officials also acted for the benefit of the people, for the economic development of the locality, and the people also benefited from being able to use and take advantage of this vacant land for cultivation or opening business premises. But now, some households are using the fact that officials at that time had accidentally issued land use right certificates to demand compensation, and even prevent the implementation of the National project. How thoughtless and unfair!?

Regardless of the reason, for the benefit of the people or for the development of the locality... the granting of land to households close to the edge of the road as above is a violation of planning and also a violation of the law, as stipulated in Article 7, Decree No. 203-HDBT dated December 21, 1982 of the Council of Ministers (now the Government) on promulgating the Road Protection Regulations (stipulating that the road boundary at this time is 20m from the foot of the embankment or the top edge of the cut road).

These actions "due to historical circumstances" at that time were also "approved" by the households that were granted red books at that time, "without any reaction"; while directly or indirectly, they all knew that the area recorded in their red books was within the traffic safety corridor. On the entire National Highway 1A, almost no one built solid houses within the 13.5m area! Later, some households bought, sold, and transferred land use rights, and when re-issuing the certificates, the government also deducted the area within the traffic safety corridor. Therefore, we must frankly admit that, in addition to the mistakes of some government officials at that time, there was also the "indulgence" of households that received wrong land books for a long period of decades without any comments. At this point, the State proceeds to reclaim land for the planned purpose of "expanding and upgrading National Highway 1A", then it presents arguments and evidence to claim rights.

In fact, land use has gone through many periods, and the documents regulating land have also changed a lot. To adapt to the reality, in addition to the 1980 guidance document, our state has issued the Land Laws of 1987, 1993, and 2004. Authorities at all levels have also issued decrees, circulars, and decisions to guide the implementation of the Land Law in accordance with the development of the locality and the country over the periods. In that spirit, on January 19, 2010, the People's Committee of Nghe An province issued Decision No. 04/2010/QD-UBND "Issuing regulations on compensation, support, and resettlement when the State recovers land in Nghe An", Article 2 of this decision clearly states that "previous regulations of the People's Committee of Nghe An province contrary to the provisions of this Decision are all abolished". In Clause 3, Article 5 of this Decision stipulates "Cases of land recovery without compensation for land" stating: "For the land area that has been cleared by the State during the implementation of policies over the periods, the land users are no longer using it or are using it but due to re-encroachment (including cases where there is no decision to recover the land)".

In Dien Chau district, based on documents and archives in the compensation of PMU1 Project in 1994 and comparing with the current land use status of households along the route, Dien Chau District People's Committee and related departments and branches have mobilized and propagated for people with red-covered land area within the 13.5m traffic safety corridor to hand over the site.

However, in some localities, some households still do not agree with the government's solution, citing that "they have not been compensated yet", "the land has been granted a land use right certificate and they have been living stably, without any dispute with anyone", to demand compensation for residential land within a radius of 13.5m. They forget that they themselves have intentionally or unintentionally "remained silent" during the time since they were granted land violating the traffic safety corridor to "live stably" and do business on that land until now!?

From the legendary trails paved with blood, to the modern roads today is a long story told with the ideals, patriotism and intelligence of our nation. Gone are the days of "We walk in broad daylight/ On the main road, leisurely we walk/ Our road is eight feet wide". The national highway - the pride that poet To Huu described in the poem "We go forward" of a historical period has gone into the past. Today, on the road of modernization and industrialization, the road "we go forward" is not only "eight feet wide" anymore but is a large road, being designed and constructed with 4 lanes for motor vehicles, 2 lanes for mixed vehicles, extending to all parts of the country. It is not only a source of pride but also a great hope for the growth of Phu Dong, a breakthrough in socio-economic development. When the route is completed, it will contribute to promoting trade, bringing great changes to the localities through which the route passes and to the economy of our country.

More than ever, people living near National Highway 1A need to be aware of their responsibilities, put aside personal interests to contribute to speeding up the construction progress of the major road - opening up new opportunities for their homeland and country.

PV Group