Need to clarify resettlement land allocation when implementing Nghi Yen Landfill project

VERIFIED BUT NO FINAL RESULTS YET

Nghe An Electronic Newspaper on November 23, 2023 published an article:“Relocated to resettlement area for more than 15 years but still no red book”, reflecting that although resettlement had been carried out to hand over the site for the Nghi Yen Landfill construction project since 2006; however, until now, after more than 15 years, 39 households in Hamlet 2, Nghi Yen Commune (formerly Hamlet 4) have not yet been granted Land Use Rights Certificates.

In fact, when the Nghi Yen Landfill Construction Project was approved for investment in 2002, the Compensation Council for Land Clearance and Clearance was established to conduct measurements, extracts and develop compensation plans for site clearance and resettlement for affected households. In particular, since 2007, in order to promptly hand over the site to the investor, these households have been assigned to resettlement in advance without having to pay any money, and at the same time, there has been no notice of payment from the authorities. Since then, they have built houses and lived stably until now.

However, complications begin to arise when people need to make a Land Use Right Certificate for their family, go through the paperwork and procedures and receive information that they must apply the land price to calculate land use fees at the current time with the amount to be paid possibly being very large (because the land price in the residential area of ​​the neighboring area is currently about 1 million VND/m2).², even in some places 2.5 million VND/m²Meanwhile, the price of land compensated for resettlement in 2008 was only 35,000 VND/m²). Because the price to be applied to calculate land use fees has not been determined, these 39 households have not yet had their land use rights recognized.

In response to the people's petitions, on May 12, 2023, the Provincial People's Committee issued Notice No. 319/TB-UBND, assigning the Nghi Loc District People's Committee to review all documents and procedures in the process of implementing the Nghi Yen Landfill Project related to the 39 households mentioned above. Specifically determine the reasons why the 39 households agreed and seriously implemented the compensation policy and relocated to the resettlement area from 2005 to 2007 but have not yet been granted red books. The Provincial People's Committee also requested the Nghi Loc District People's Committee to work with the Departments of Natural Resources and Environment, Finance, Construction, Justice and relevant agencies to agree on a handling plan and report to the Provincial People's Committee in accordance with regulations.

As of July 21, 2023, the People's Committee of Nghi Loc district issued Decision No. 2330/QD.UBND to establish a Verification Team to review records and procedures for resettlement land allocation when implementing site clearance for the Nghi Yen Landfill construction project for the above 39 households. However, as far as we know, the Verification Team has not yet had the final verification results.

NEED TO CLARIFY THE MATTER

From the documents provided by Nghi Yen Commune People's Committee, delving into this issue, we found that there are many points that need to be clarified.

Specifically, the incident of 39 resettled households petitioning is not new. More than 2 years ago, when encountering difficulties with this issue, local authorities at all levels in Nghi Loc district also met many times to discuss and resolve it, but could not resolve it completely.

On September 20, 2021, in Notice No. 370/TB-UBND of Nghi Loc District People's Committee on the Conclusion at the working session to handle problems related to this resettlement area, the leaders of Nghi Loc District People's Committee assigned the Department of Natural Resources and Environment to be the head of the delegation, established a Working Group, together with members of the Inspectorate, Nghi Loc District Land Registration Office Branch and related departments and branches to conduct inspections and reviews of all work on compensation and site clearance for the Nghi Yen Landfill Project.

Immediately after that, Nghi Loc District People's Committee also established an Inspection Team, reviewed all records, and collected documents related to the land clearance work of Nghi Yen Landfill Project. The Inspection Team also worked with the cadastral officers of Nghi Yen commune at that time and on December 8, 2021, recorded it in the minutes. The Inspection Team collected 16 documents related to the land clearance and resettlement work of the project. Regarding allowing households to delay paying land use fees, the responses said: At that time, there was a meeting and agreement to allow households to delay paying land use fees and receive land in the resettlement area to hand over land to implement the project on schedule. However, after that, Nghi Loc District People's Committee did not issue any conclusion.

Reopening the file provided by Nghi Yen Commune People's Committee, we found that, in Notice No. 93/TB.UBND, dated March 29, 2006, the conclusion of the Vice Chairman of the Provincial People's Committee at that time at the working session with the Compensation Council for Land Acquisition and Site Clearance of the project, regarding a number of people's recommendations related to land use fees in the resettlement area: "Households must pay land use fees according to the compensated price for residential land, not having to pay infrastructure investment costs; in case the amount to be paid exceeds the amount of compensation, it is allowed to pay late - according to the regulations of the Compensation Council, in addition to a number of other special cases (difficult circumstances, single people...), the late payment of land use fees is decided by the Compensation Council for Land Acquisition and Site Clearance".

However, in Document No. 4023/UBND.DC dated July 21, 2006 on land allocation for resettlement of Nghi Yen Landfill Project, based on the opinions of relevant departments, especially the recording of land use fee debt, the Provincial People's Committee replied: "According to the provisions of Decree No. 198/2004/ND.CP dated December 3, 2004 and Decree No. 17/2006/ND.CP dated January 27, 2006, land allocation with land use fee collection is not subject to land use fee debt".

Then, on December 11, 2007, in Document No. 8181/UBND-CN on compensation for land acquisition at Nghi Yen Landfill (6th time), the Provincial People's Committee, after receiving a document requesting to resolve problems in compensation for land acquisition at this project from the Nghi Loc District People's Committee, also commented: "Because the Nghi Yen Landfill Construction Project has its own specific characteristics, the Provincial People's Committee agrees to allow the Nghi Loc District People's Committee to grant resettlement land according to the provisions of Document No. 4023 dated July 21, 2006 mentioned above" (i.e., no debt for land use fees is allowed).

In particular, in the archives of the People's Committee of Nghi Yen commune as well as from the 39 households, there is no notice of payment of land use fees, so people have no basis to fulfill their financial obligations related to land. Meanwhile, in Clause 2, Article 15, Decree 198/2004/ND-CP dated December 3, 2004 of the Government on land use fee collection, applicable at that time, stipulated the deadline for payment of land use fees as follows: "Within 30 working days from the date of receipt of notice of payment of land use fees and other payments, organizations, households and individuals must pay the full amount of land use fees and other payments at the payment location according to the notice".

The key issue is that in 2007, in addition to the 8 "dependent" households (i.e. households still living with their parents) who paid land use fees of 17,250,000 VND each, these 39 households, although they had not paid land use fees, were still allocated land, moved to the resettlement area to build houses and have been living stably since then. So, who and which authorities agreed to allow the 39 households to move to the resettlement area to hand over the land for the project, when they had not paid land use fees? This really needs to be clarified by the authorities.