Must follow correct procedures and commitments

(Baonghean) - In mid-August, Nghe An Newspaper received a petition from Vinh Nam Cooperative (Cua Nam Ward, Vinh City) reflecting: The construction unit of the National Highway 46 overpass had leveled the rice fields that had been contracted to cooperative members to build a 12m road along the Con Moc River to Can Linh Pagoda without approval from competent authorities. Although on August 8, 2014, at a meeting with the parties, the leveling was concluded to be illegal and the site had to be removed and returned, the construction unit continued to level the production fields of the cooperative members... Nghe An Newspaper reporters investigated the incident.

Not done rightcompensation process for site clearance

Vinh Nam Cooperative has a field (called Bien field) located between Can Linh pagoda and Con Moc river, with a total area of ​​23,709.9m2 that has been contracted to members of the Cooperative and granted agricultural land use certificates for 20 years. This is an area of ​​ineffective agricultural production land, converted to pond land, many areas of land are almost abandoned, some areas of land are leased by Can Linh pagoda for a long time. In the construction planning drawing of Cua Nam ward, there is a 12m road running along Con Moc river in front of Can Linh pagoda, passing through the agricultural land of some members of Vinh Nam Cooperative in Bien field.

In early 2014, the Traffic Construction Corporation 4 (Cienco 4) started the construction of the North-South railway overpass project on National Highway 46, which blocked the old road to Can Linh Pagoda. During the construction process, soil and rocks were dug up, affecting the Buddhists and faithful people's travel to worship Buddha. Therefore, on March 31, 2014, Can Linh Pagoda sent Document No. 06 to Cienco4 requesting assistance in investing in the construction of a 12m road along the Con Moc River according to the construction planning drawing of Cua Nam Ward connecting to the pagoda. On April 7, 2014, the Cienco4 Project Management Board issued Document No. 192/BQLDA agreeing to the construction and requesting Can Linh Pagoda to complete construction procedures and site clearance.

Previously, on March 26, 2014, Can Linh Pagoda had submitted Document No. 2/ttr-CLXD requesting the Provincial People's Committee and the City People's Committee to support the project implementation policy and committed that Can Linh Pagoda would pay compensation for land clearance to the people.

On April 11, 2014, Vinh City People's Committee issued Official Dispatch No. 1840/UBND-QLDT agreeing with the proposal of Can Linh Pagoda, stating: Vinh City People's Committee agrees to let the Investment and Construction Project Management Board - CIENCO4 coordinate with Can Linh Pagoda to build the road according to the approved plan. Regarding compensation and support costs for site clearance, Can Linh Pagoda is responsible for paying; other construction investment costs are responsible for paying by CIENCO4. The Official Dispatch also clearly stated: "The implementation of construction investment must comply with the procedures prescribed by current laws and the construction investment route must comply with technical regulations and standards for urban traffic road construction". Then, on May 29, 2014, Vinh City People's Committee issued Decision No. 3914/QD-UBND approving the overall plan on compensation, support, and site clearance to implement the Project of building and expanding the Can Linh Pagoda campus and the 12m-wide planned road along the Con Moc River at Can Linh Pagoda.

If done in accordance with the law, from the master plan, the investor, Can Linh Pagoda, and the construction unit must have a detailed plan, establish an approved investment project, extract, measure, compensate for site clearance according to regulations... whoever compensates, the city level must also come up with a payment plan. However, although there has not been a decision to reclaim the land and has not yet conducted compensation for site clearance, Construction and Trade Joint Stock Company 423 (under Cienco4) - the construction unit has filled the land and leveled the ground at the planned location of a 12m road with a length of about 80m and a width of 20m. In addition, the dumping of cleared soil continued along a 12m road section with a length of 40m, a width of 30m, and a height of about 1.5m compared to agricultural land and Con Moc river, estimated at about 2,000m3 of soil, rocks of all kinds and construction materials gathered on the leveled land... This is a violation of land law.

The 12m road along Con Moc river is under construction.

On August 5, 2014, Vinh Nam Cooperative sent Notice No. 02 to the People's Committee of Cua Nam Ward and the construction unit requesting to stop dumping soil and clear the site on the leveled land. After receiving the petition of Vinh Nam Cooperative, the People's Committee of Cua Nam Ward held a meeting on August 8, 2014 with the relevant parties, unanimously requesting the construction unit to stop dumping soil and move all construction machinery and materials out of the land, and return the site. However, on August 12, 2014, the construction unit continued to dump soil, gather materials and machinery on the leveled land and was recorded as a violation by the Management Board and the Control Board of Vinh Nam Cooperative.

Faced with that situation, on August 26, the People's Committee of Cua Nam Ward continued to hold a meeting with relevant parties. At the meeting, the Investment and Construction Project Management Board - Cienco4 and Construction Joint Stock Company 423 - the construction unit admitted their mistakes, temporarily stopped construction and requested more time to find a solution to resolve the issue. However, currently, the construction unit - Cienco 4 and Can Linh Pagoda are still confused in finding a solution to reach an agreement. Cienco4 said: "Wait until Can Linh Pagoda completes the site clearance, Cienco4 will continue to construct the road". Meanwhile, Can Linh Pagoda said: "Cienco4 must complete the road according to the process, according to the design of the pagoda to have a basis to encourage and call on Buddhists, philanthropists, and businesses to contribute meritorious services to compensate for site clearance for the people". This is contrary to the process and regulations of the law in site clearance compensation.

The Board of Directors of Vinh Nam Cooperative presented the incident to reporters.

Coordinated removal

The wish of the Cooperative and Vinh Nam commune members whose land is affected is that the investor, Can Linh Pagoda, and related parties, properly carry out the processes and procedures to pay the land clearance costs to the people. If compensation is not paid, the land and rocks must be dredged and unloaded to restore the land to its original state. To ensure that the road construction goes smoothly and to ensure the legitimate rights of members whose agricultural land is affected, the key issue here is that the related units (Can Linh Pagoda; Investment and Construction Project Management Board (Cienco4) need to agree on specific policies and methods. Then, proactively work directly and publicly with Cua Nam Ward, Vinh Nam Cooperative, and commune members to resolve the issue.

Firstly, the investor and the construction unit coordinate with the Land Fund Development Center, the Compensation Council for Land Acquisition and Site Clearance (Vinh City) to carry out the stages of establishing the investment project, conducting measurements, extracts, and developing a compensation payment plan for land acquisition and site clearance... in accordance with the current legal procedures and regulations. At the same time, properly implement the agreement that the parties have committed to (the compensation and support costs for land acquisition and site clearance are paid by Can Linh Pagoda; other construction investment costs are paid by CIENCO4) to complete the 12m planning road (length of more than 80m) along the Con Moc River.

Second, regarding the opinion of Can Linh pagoda that “Cienco4 must complete the road according to the process and design before the pagoda can compensate for site clearance…”, it can only be done if there is commitment, agreement, and consensus from Vinh Nam Cooperative and the members. Accordingly, the People’s Committee of Cua Nam Ward or Vinh City needs to step in as an intermediary so that Can Linh pagoda and the construction unit can reach an agreement and commit with the people to carry out the next steps related to compensation for site clearance after completing the road. Because as Mr. Nguyen Hoang Son - Head of the Investment and Construction Project Management Board (Cienco4) affirmed: "Even though the Ministry of Transport did not approve the budget, Cienco4 will still use the corporation's budget to build a dirt road to the pagoda to ensure a beautiful width and trees on both sides of the road. If we were to collect soil and rocks to restore the land, it would be simple, but it would be extremely wasteful. Because the 12m road along the Con Moc River is already in the State's planning, sooner or later it will be done and compensation for site clearance will also be needed...".

According to Mr. Nguyen Tat Hoai Nam - Officer of Vinh City Land Fund Development Center: "The 2013 Land Law has been effective since July 1, 2014, the Government has issued a guiding decree, but the Ministry of Natural Resources and Environment has not yet issued a circular guiding the decree, so the Provincial People's Committee has not yet issued specific regulations on compensation for site clearance in Nghe An province". Therefore, "current projects must wait, including the National Highway 46 flyover access road now, the investment plan has not been approved, but construction can still be carried out because of commitments made to the people..." Therefore, while waiting for the completion of procedures related to compensation for site clearance, Can Linh Pagoda and the construction unit can still carry out road construction if there is a written commitment, agreement and the people's consent.

Third, to reach an agreement, the parties involved need to understand: the 12m road along the Con Moc River is a planned road of Cua Nam ward. When completed, the road will not only beautify the national historical site of Can Linh Pagoda, create a highlight for the city landscape in general, Cua Nam ward in particular, but also serve the believers, Buddhists, and faithful people, including members of Vinh Nam Cooperative, to conveniently travel to worship Buddha and visit the pagoda to find peace and serenity in the sacred place. The philosophy of Buddhism always advises people to avoid causing discord and resolve conflicts instead of conflicts, so it is also advisable to coordinate to remove obstacles and create favorable conditions for the construction of the road to the Pagoda (coinciding with the planned construction route of Cua Nam ward).

PV Group