Compensating Mr. Lan for his land based on the garden land classification is in accordance with regulations!

(Baonghean) - Mr. Thai Van Lan, residing in Van Trai 6 hamlet, Long Thanh commune, Yen Thanh district, Nghe An province, has complained that the Yen Thanh District People's Committee approved the compensation and support plan for land clearance for the Flood-Resistant Improvement Project of Provincial Road 534, section through Long Thanh commune, Yen Thanh district, in Decision No. 2886/QD-UBND dated July 13, 2011. He claims that the approved compensation for 73 m2 of garden land (agricultural land) for his family is not in accordance with regulations. Mr. Thai Van Lan requests that the Yen Thanh District People's Committee compensate him for the 73 m2 of land at the residential land price (second time).

On April 4, 2014, the Provincial People's Committee issued Official Letter No. 1314/QD-UBND.KT deciding on the resolution of Mr. Thai Van Lan's complaint with the following content.

-Result of the complaint resolution (first time) by the Chairman of the People's Committee of Yen Thanh District on December 5, 2013: The Chairman of the People's Committee of Yen Thanh District issued Decision No. 5806/QD-UBND regarding the resolution of Mr. Thai Van Lan's complaint, with the following content:

- Mr. Thai Van Lan's complaint that the Yen Thanh District People's Committee applied an incorrect land compensation rate to him is unfounded.

- The land compensation for Mr. Thai Van Lan's family, as stipulated in Decision No. 2886/QD-UBND dated July 13, 2011, of the People's Committee of Yen Thanh District, remains unchanged.

Results of the meeting with Mr. Thai Van Lan:

- Mr. Thai Van Lan stated: The Yen Thanh District People's Committee's approval of compensation for 73 m2 of garden land for his family is not in accordance with regulations. Mr. Lan requested compensation based on residential land prices; the total land area is 760 m2, of which the Yen Thanh District People's Committee reclaimed 73 m2 of land that originated from land allocated by the Long Thanh Commune People's Committee before 1990.

- Mr. Thai Van Lan failed to provide any legal basis to prove that the Yen Thanh District People's Committee's classification of his family's land as garden land for compensation purposes was not in accordance with the law.

Results of the verification regarding the origin of land use by Mr. Thai Van Lan's household: Reviewing the compensation, support, and resettlement records, Mr. Thai Van Lan's household was granted land by the Long Thanh Commune People's Committee in 1990. Currently, it is parcel number 425, map sheet number 13, with an area of ​​760 m2 (measured in 2004). Reviewing the Land Use Right Certificate with code E999455 issued by the Yen Thanh District People's Committee to Mr. Thai Van Lan's household on April 12, 1995, the land area for which Mr. Lan was granted a certificate includes 200 m2 of residential land and 200 m2 of garden land. Based on Article 87 of the Land Law dated November 26, 2003; According to Article 45 of Government Decree No. 181/2004/ND-CP dated October 29, 2004, on the implementation of the Land Law, the regulations of the People's Committee of Nghe An province in Decision No. 10/2013/QD-UBND dated January 22, 2013, Decision No. 100/2009/QD-UBND dated October 28, 2009, and the land use right certificate issued by the People's Committee of Yen Thanh district to Mr. Thai Van Lan, plot No. 425, map sheet No. 13, with an area of ​​760 m2 (measured in 2004), will have a residential land limit of 200 m2 and a garden land area within the same residential plot of 560 m2.

- Results of the dialogue:

On March 19, 2014, the Department of Natural Resources and Environment, with the participation of the inter-agency working group established by the Department of Natural Resources and Environment, the People's Committee of Yen Thanh District, and the People's Committee of Long Thanh Commune, held a dialogue with Mr. Thai Van Lan. The result of the dialogue was that Mr. Thai Van Lan disagreed with the conclusions and recommendations of the draft report on the inspection and verification of the complaint conducted by the inter-agency working group. Mr. Thai Van Lan requested compensation for 73 m2 of land at the residential land price. The participants in the dialogue agreed with the inspection and verification results, conclusions, and recommendations for resolving Mr. Thai Van Lan's complaint as outlined in the aforementioned draft report.

- Conclude:

1. Mr. Thai Van Lan's complaint that the Yen Thanh District People's Committee approved the compensation plan for his family for 73 m2 of garden land (in Decision No. 2886/QD-UBND dated July 13, 2011, of the Yen Thanh District People's Committee) in violation of regulations is unfounded. This is because the Yen Thanh District People's Committee only reclaimed 73 m2 out of a total of 760 m2 of land belonging to Mr. Thai Van Lan's household. According to current regulations, plot number 425, map sheet number 13, with an area of ​​760 m2 (re-measured in 2004), belonging to Mr. Lan's family, has a residential land limit of 200 m2 and a garden land area of ​​560 m2 within the same residential plot. After reclaiming 73 m2, the remaining land area of ​​Mr. Lan's family is 687 m2, which is larger than the residential land limit. Therefore, the People's Committee of Yen Thanh District determined and approved the compensation value for Mr. Lan's family for the 73 m2 of land that was confiscated, based on the price of garden land, which is in accordance with regulations.

2. Decision No. 5806/QD-UBND dated December 5, 2013, of the Chairman of the People's Committee of Yen Thanh District regarding the resolution of Mr. Thai Van Lan's complaint is in accordance with the law.

Based on the above grounds, the decision is made:

Article 1. Decision No. 5806/QD-UBND dated December 5, 2013, of the Chairman of the People's Committee of Yen Thanh District regarding the resolution of the complaint of Mr. Thai Van Lan, residing at Van Trai 6 Hamlet, Long Thanh Commune, Yen Thanh District, Nghe An Province, remains unchanged.

Article 2. The complaint of Mr. Thai Van Lan is resolved as follows: Mr. Thai Van Lan's complaint that the People's Committee of Yen Thanh District approved the compensation plan for his family for the 73 m2 of land that was confiscated (belonging to parcel number 425, map sheet number 13, survey map of 2004) at the price of garden land (as stipulated in Decision No. 2886/QD-UBND dated July 13, 2011 of the People's Committee of Yen Thanh District) in violation of regulations is unfounded.

Article 3. This Decision shall take effect 30 days from the date of issuance. If Mr. Thai Van Lan disagrees with this Decision on resolving the complaint, he has the right to file an administrative lawsuit at the People's Court in accordance with the law.

Article 4. The Chief of the Provincial People's Committee Office, the Chief Inspector of the Province, the Directors of the Departments of Natural Resources and Environment, Finance, Construction, and Transport; the Chairman of the People's Committee of Yen Thanh District, the Chairman of the People's Committee of Long Thanh Commune; Mr. Thai Van Lan and other relevant organizations and individuals shall base their actions on this decision.

People's Committee of Nghe An Province