Drastic measures are needed to prevent the project to renovate National Highway 7 through Do Luong from being reduced in scale.

RISK OF PROJECT REDUCTION

On October 31, 2023, the Vietnam Road Administration issued Official Dispatch No. 7403/CDBVNCCĐT to the Ministry of Transport reporting on the implementation status of the Project to renovate and upgrade National Highway 7, section Km0-Km36 and handle landslides caused by storms and floods in the Khe Thoi - Nam Can section, Nghe An province and the Project to renovate and upgrade National Highway 8A, section Km37 - Km85+300, Ha Tinh province.

Regarding the National Highway 7 Renovation and Upgrade Project, the Vietnam Road Administration reported: “Although in October 2023, localities actively carried out compensation, land acquisition, and site handover for the project, however, to date, the results achieved are still limited, leading to slow disbursement of site clearance, contractors do not have construction sites to construct, so there is no output to disburse construction and installation. All 3 construction and installation packages of the project are at risk of not being completed on schedule according to the contract (ending December 2023)”. Therefore, the Vietnam Road Administration recommended: “By the end of 2023, in case the locality does not hand over the site for the project, the Vietnam Road Administration respectfully requests the Ministry of Transport to consider and allow the project to be reduced in scale, only implementing reinforcement within the existing site area”.

Regarding the project to renovate and upgrade National Highway 7 through Do Luong town and Hoa Son and Luu Son communes with a total length of 9.078 km (from Km24+650 to Km35+225), after 1 year of implementation, by the end of December 2023, the project has not been completed, the reason is that some households in Luu Dien hamlet, Luu Son commune did not agree on the support plan and did not hand over the site to the construction unit. The investor's representative, Mr. Tran Dinh Son - Deputy Director of Project Management Board 4 (Vietnam Road Administration) said that there were 15 households that did not accept the local site clearance support plans and did not hand over the site.

Attending many meetings organized by the Provincial People's Committee and Do Luong District to find solutions to resolve the problems, Mr. Son said that the compensation demands of households were not qualified and had no basis; the Compensation and Site Clearance Council of Do Luong District had taken careful steps, in accordance with the law and procedures, however, the households still did not agree. Therefore, if the site was not handed over, as stated in Official Dispatch No. 7403/CDBVN-CCDT of the Vietnam Road Administration sent to the Ministry of Transport, the investor would reduce the scale of the project.

According to information from the People's Committee of Do Luong district, after the National Highway 7 Upgrade Project was officially implemented, on October 12, 2022, Notice No. 312/TB-UBND was issued on land recovery. Accordingly, 40 households in Luu Dien hamlet and 3 organizations (Gas station, Commune Post Office and People's Committee of Luu Son commune) are subject to land recovery, with an area of ​​4,193.1m²(on a total land area of ​​14,144.7m²). Regarding the 40 households in Luu Dien hamlet, all of them were assigned resettlement land by the People's Committee of Do Luong district in July 1996. This means that the land area of ​​the households assigned by the State is not residential land, but land that has been planned and has clearly defined boundaries, and no household was assigned land by the State that overlaps the boundary corridor of National Highway 7.

Of the 40 households, 34 households and individuals have houses and structures affected by the project. Of these, 17 households and individuals have some structures built after July 1, 2004 (when the 2003 Land Law took effect) on the land area of ​​Highway 7 corridor, which are not eligible for a Land Use Rights Certificate. However, at the time of construction, the households were not suspended by the authorities. Now that the project is implemented, the households have requested compensation and support for site clearance of the structures, houses and structures that the households have invested money to build.

"UNFOUNDED" CLAIM

In reality, the "bottleneck" section of the National Highway 7 renovation and upgrade passing through Luu Dien hamlet is only about 300m long; designed to be spacious, with 2 lanes in an arc shape from the town to Do Luong bridge. Due to problems in site clearance and construction delays, for more than a year, people in the area have had to suffer from dust and flooding; vehicles participating in traffic are also very difficult. In reality, there are quite a few works and structures built by households here for many years such as fences, yards, kiosks... violating the planning of the National Highway 7 traffic corridor.

It was found that among the 34 households affected by the renovation project, the households on the left side of the route accepted the plan, voluntarily dismantled and handed over the site to the construction unit; meanwhile, 15 households on the right side of the route (right side of the road - from Do Luong to Anh Son district) did not comply and submitted a petition.

After checking and reviewing in detail the current land use status of the relevant households, on July 10, 2023, the People's Committee of Do Luong district issued Document No. 1469/UBND.QLDA in response to the petitions. In particular, with the petition to consider compensation and support for the land area not allocated by the State and recognized land use rights, the People's Committee of Do Luong district replied: "Households using the land area of ​​the road protection corridor (in 1996, the District People's Committee did not allocate land for households to use, but it belongs to the land fund planned for the purpose of expanding traffic routes as prescribed in Articles 61 and 62, Land Law 2013) are not eligible for a Certificate of land use rights, so the State will not compensate or support the land when it recovers this land area. Therefore, the petitions of the households have no basis for consideration and resolution".

Regarding the proposal to consider compensation and support for houses, works and architectural structures built on land that does not meet the conditions for land compensation, the People's Committee of Do Luong district cited Clause 6, Article 16, Regulations on compensation, support and resettlement when the State recovers land in Nghe An province issued with Decision No. 24/2022/QD-UBND dated February 14, 2022 of the People's Committee of Nghe An province, which stipulates: "Houses and other works built before July 1, 2004 on land that does not meet the conditions for land compensation according to regulations, but at the time of construction, they violated the planning and land use plan announced and marked by competent authorities but were not notified by competent authorities to be suspended, they shall be supported with 50% of the compensation value according to the provisions of Clause 1 of this Article".

Concluding this content, Document No. 1469/UBND. QLDA clearly states: “Houses and structures built on land that are not eligible for land compensation (land area excluding traffic corridors, which the State does not allocate to households) if built before July 1, 2004, and are not notified by competent authorities to stop construction, will be supported with 50% of the compensation value; and houses and structures built after July 1, 2004 will not be compensated or supported.

Regarding people's opinions on the case of 3 households being granted Land Use Right Certificates by the District People's Committee in violation of regulations in 2006, 2011 and 2021, the Do Luong District Land Registration Office Branch issued Decisions No. 82/QD-CNVPĐK dated November 3, 2023, No. 83/QD-CNVPĐK dated November 3, 2023 and No. 96/QD-CNVPĐK dated November 28, 2023 to cancel 3 Land Use Right Certificates, ensuring compliance with legal regulations.

WILL PROTECT THE CONSTRUCTION!

To fully respond to the petitions of households, on August 10, 2023, the People's Committee of Do Luong district issued Document No. 1709/UBND.TN to the Provincial People's Committee and relevant departments and branches, requesting consideration and permission to apply support measures to works, houses, and architectural structures built after July 1, 2004 on the land area of ​​National Highway 7 corridor, but at the time of construction, the competent authority did not notify the suspension (not eligible for land compensation). However, this request was not approved.

Because as the Department of Finance analyzed in Document No. 4009/STC-QLG&CS dated August 30, 2023: "Based on the provisions of Clause 6, Article 15 of Decision 24/2022/QD-UBND dated February 14, 2022 of the People's Committee of Nghe An province on compensation, support and resettlement when the State recovers land in Nghe An province, constructions built after July 1, 2004 on land that does not meet the conditions for land compensation will not be compensated or supported. Therefore, the Department of Finance proposes not to consider applying other support policies to houses and architectural works of 17 households and individuals in Luu Son commune, Do Luong district, built on land in the traffic corridor of National Highway 7 after July 1, 2004".

The Departments of Natural Resources and Environment and Construction also agreed with the opinion of the Department of Finance. On October 31, 2023, the Provincial People's Committee issued Document No. 9285/UBND-CN on resolving difficulties in compensation and support for site clearance to implement the Project to Improve and Upgrade National Highway 7, section Km0-Km36, and handle landslides caused by storms and floods, section Khe Thoi - Nam Can. Here, agreeing with the opinion of the Department of Finance, the Provincial People's Committee directed: "Assign the People's Committee of Do Luong district to organize inspections and review of the specific status and structure of the works, assets, and architectural objects of 17 households that have illegally built on the traffic corridor of National Highway 7. If necessary, a qualified consulting unit can be hired to determine whether these works and assets have a continuous structure with the main houses of the 17 households or not.

For illegally constructed works, properties, and architectural objects of households that, when demolished, do not affect the structure or load-bearing capacity of the main house (located outside the traffic safety corridor), other support policies will not be considered or applied. For illegally constructed works, properties, and architectural objects of households that, when demolished, affect the main house of households (located outside the traffic safety corridor) with a structure connected to these properties, the People's Committee of Do Luong district is requested to study and propose other specific support options, suitable to the current situation. The People's Committee of Do Luong district is fully responsible before the law and the Provincial People's Committee for inspecting, reviewing, and determining the structure of all types of works, properties, and architecture.

According to representatives of the People's Committee of Do Luong district and the People's Committee of Luu Son commune, the instructions of the Provincial People's Committee have been thoroughly and objectively implemented. The leaders of the People's Committee of the district and the People's Committee of Luu Son commune have also conducted many dialogues with the households. Luu Son commune has also continued to propagate and mobilize the people in the affected area. However, in order for the project to be implemented and not be reduced in scale by the investor, in case the related households still do not comply, the district will organize construction protection according to regulations.

Regarding this issue, when asked, Ms. Phan Thi Dao - Head of Luu Dien Hamlet said: "In reality, households are following each other to demand benefits but not the right subjects. However, in the hamlet, up to now, there has never been a case of a household being forced to evict. Therefore, we will focus on propaganda so that households understand and voluntarily comply...".

According to the Chairman of the People's Committee of Luu Son Commune, Mr. Nguyen Quoc Giap, propaganda and mobilization work has been carried out over many periods of time; while the households involved were granted resettlement land by the State with clear boundaries, therefore, the demand for rights has no legal basis to be considered.

If the residents deliberately do not understand and deliberately delay, in my opinion, we must organize construction protection!”

Mr. Nguyen Quoc Giap - Chairman of Luu Son Commune People's Committee

According to Mr. Tran Dinh Son - Deputy Director of Project Management Board 4, the construction plan of National Highway 7 through Luu Dien hamlet, Luu Son commune is curved, so there are places where land must be recovered beyond the corridor boundary. "The project has coordinates. The coordinates are placed where they are measured, the problem is very clear. I affirm that there is no mistake, because there is a clear boundary", Mr. Tran Dinh Son emphasized.

All relevant information was publicly posted at the commune headquarters for 20 days. All people read and knew clearly, the district acted very carefully and followed the correct procedures."

Mr. Tran Dinh Son - Deputy Director of Project Management Board 4