Final Article: Common Responsibility and the Law Demand Prompt Action

(Baonghean) - According to the plan approved by the Government, the Ban Mong Reservoir Project will be implemented within 5 years (2010 - 2015), in which the diversion canal (package number 31) in Yen Hop commune (Quy Hop) is part of the project's key works. Therefore, the complaint of 8 Yen Hop households demanding compensation for land must be promptly resolved to ensure the progress of the entire project...

At the groundbreaking ceremony of the project on May 31, 2010 in Yen Hop commune (Quy Hop), National Assembly Chairman Nguyen Sinh Hung, then Permanent Deputy Prime Minister of the Government, attended and emphasized: "The construction of Ban Mong Reservoir project has great significance, contributing to changing the face of the mountainous countryside of Nghe An. This is a multi-purpose project "beneficial to the country, beneficial to the family", both supplying water to fight drought, serving production, regulating water, reducing floods, combining irrigation and hydropower, and is also a socio-economic project of great significance for the Western region of Nghe An...".

A new household's hut was built on land that had been confiscated by the state.

Given the importance and great significance of the project to the national economy and people's livelihood, comrade Nguyen Sinh Hung also requested the Ministry of Agriculture and Rural Development and the People's Committee of Nghe An province to coordinate in resolving difficulties and obstacles; direct the Party committees and authorities in the project area, relevant departments and branches and contractors to do a good job in site clearance, compensation, resettlement and construction to ensure progress, safety, quality, and completion within 5 years from the commencement date (2010 - 2015).

And, the assigned progress of the diversion canal project in Yen Hop commune (Quy Hop) located in the key project cluster is 2 months; meaning it should be completed early in 2011, but it has been delayed for 4 years now, just because 8 households in Yen Hop commune prevented the construction and filed a long-term lawsuit as pointed out in previous articles. That incident, although just like a "small grain of sand", has affected the progress of the entire Ban Mong Reservoir irrigation project; and further, it has affected the image and reputation of the province towards the Central Government and the Government; at the same time, it has hindered the process of calling for and attracting investment to promote socio-economic development in the Western region in the 2010-2020 period of the province.

At this time, it was already mid-2015, the slow progress of the construction of the large irrigation project of Ban Mong Reservoir was clear, requiring the relevant parties, specifically Quy Hop district, Ban Mong Project Management Board, Irrigation Investment and Construction Management Board 4 (unit responsible for construction management) to have high unity, towards the common goal of actively and resolutely coordinating to resolve the problems related to 8 households in the diversion channel category of the Ban Mong Reservoir project cluster in Yen Hop commune.

For 3/8 households who planted acacia on land that the State has recovered, according to the law, they have violated the law, they need to be aware to dismantle and harvest the trees to return the site to the construction unit. According to Clause 2, Article 92 of the 2013 Land Law, which stipulates that in cases where the State recovers land, compensation for assets attached to the land is not paid: "Assets attached to land created in violation of the law or created after the notice of land recovery by a competent state agency", the above 3 households will not be compensated for the area of ​​acacia planted on land that the State has recovered. Perhaps, we need to consider another aspect: people arbitrarily planted acacia (about 3 hectares, up to now the acacia trees are over 2 years old, 3.5 - 4m high, 5 - 7cm in diameter), but it was not until 2015 that they were issued an administrative penalty record, then it is partly the fault of the local authorities and the Project Management Boards. Therefore, relevant parties need to discuss and consider providing a reasonable level of support to ensure material benefits for the people.

The coffins were covered with tarpaulins and placed in an area where illegal trees were grown.

In addition to the compensation and support policies that the Provincial People's Committee has studied the provisions of the law to apply to 8 households to enjoy such as: support, compensation for crops, trees, and structures on the land; land support at a level equal to 40% of the compensation land price calculated according to the actual recovered area, but not exceeding the limit for agricultural land allocation and supporting the remaining investment costs (about 78 million VND/ha); arranging other land areas in the area for people to choose for production..., Quy Hop district is more concerned and has specific solutions to help people overcome difficulties when their land is recovered... The Yen Hop commune government, along with seriously reviewing the individuals involved in violating regulations leading to the common impact in the above incident, is at the same time clearly demonstrating the responsibility and role in actively coordinating with district-level departments and project management boards to promptly hand over the site to the construction unit.

The prolonged lawsuit of 8/218 households in Yen Hop commune can be considered a valuable lesson for Dong Hop Forestry Enterprise in particular, and forestry enterprises in the province in general. Why? As organizations assigned by the state to manage land use, the loose management of Dong Hop Forestry Enterprise has given rise to difficult-to-solve consequences. Therefore, Dong Hop Forestry Enterprise has a great responsibility in land-related issues with local people...

Regarding the 8 households that are suing for compensation for land, it is true that they are at a disadvantage compared to other households in the area when they reclaim land, produce together, use it stably, continuously, and without disputes, but on the land area managed by the commune, they are compensated for assets, structures, and land according to the provisions of the law. However, it is necessary to understand that if it is a legal provision, it must be complied with and no one, no organization, no individual has the right to stand above the law to violate the provisions. On the other hand, although local authorities and forestry organizations over the years have had loopholes and mistakes in land management and administrative management (such as illegally confirming land use rights on state land assigned to forestry enterprises for management, and being lax in land use management), we cannot use those mistakes to set conditions and commit illegal acts such as obstructing construction, planting acacia on land recovered by the state, placing coffins at three-way intersections, etc. to exert pressure and demand compensation for land, affecting national projects and strategic works of the province.

The Government's permission for the Ministry of Agriculture and Rural Development and the province to use bond capital to implement the strategic irrigation project of Ban Mong Reservoir has demonstrated the Central Government's interest in Nghe An in general, and the economic development strategy of the Western province in particular. Living on a "thirsty" land, facing many difficulties in agricultural and forestry production, economic life is therefore still full of difficulties, so the 8 households of Yen Hop commune need to clearly understand the true values ​​of the Ban Mong Reservoir project; understand the awareness and responsibility of citizens to share difficulties with the Government, the province, and the locality.

In fact, the authorities at all levels and relevant departments have tried their best to apply the maximum support in the compensation support policy for land clearance to ensure the rights of the people. The fact that 8 households, although not forestry workers, the province has allowed Quy Hop district to support land with a limit of 40% of the compensation land price and support the remaining investment costs; in addition, the application of land allocation with equivalent area and in the same area has demonstrated that.

There is no project, large or small, that does not require sacrifice and joint responsibility from the people. So looking at it more broadly: the people of Que Phong, Tuong Duong districts or localities along National Highway 1A, people in areas affected by the Ban Mong Reservoir Project in general, and Yen Hop (Quy Hop) people in particular, mostly agree and accept sacrificing their assets, crops, and trees on the land to support the site clearance work to ensure the progress of the project. Furthermore, right in the province, to have electricity to light up the future, thousands of households of the Hua Na Hydropower Plant (Que Phong), Ban Ve Hydropower Plant (Tuong Duong) have accepted to leave their hometowns, their birthplaces, to resettlement areas. Or to have a spacious and modern National Highway 1A like today, thousands of households living on both sides of the road on the 73.8 km long route from Hoang Mai Town to the city. Vinh (including households granted land use right certificates within the 13.5m traffic safety corridor) have also accepted disadvantages, sacrificing personal interests for the common good, for the development of the homeland and country.

In the near future, if the situation remains unchanged, the people themselves will again "make things difficult" for the local authorities, when the People's Committee of Quy Hop district is forced to impose administrative penalties according to Decree No. 166/2013/ND-CP dated November 12, 2013 of the Government regulating the enforcement of administrative penalty decisions; at the same time, organize enforcement and construction protection.

This is something that no one, whether it is the authorities, project management boards, contractors or local people, wants to happen. However, it is something that must be done because it is the right and necessary thing to do to completely resolve the problems in the land acquisition and clearance of the Ban Mong Reservoir Project.

PV Group