Need to consider resolving citizens' rights at the Electricity Construction Board Collective Area

Unfair?

In mid-November 2018, Nghe An Newspaper received a petition from Mr. Cao Huu Chinh, residing at the Electricity Construction Board Collective Area, in residential group 9, block 13, Truong Thi ward, Vinh city, complaining about land acquisition, compensation and resettlement for the Truong Thi Primary School expansion project.

According to the petition, Mr. Cao Huu Chinh was formerly an officer of the Electricity Department. In 1987, the Electricity Department valued a collective house at the Electricity Construction Board Collective House for 17,000 VND. Because his family had many members, at the same time, he bought an additional adjacent collective house from his colleague, Mr. Nguyen The Quang, to increase the usable area (Mr. Quang's house was also valued by the Electricity Department).

Mr. Chinh's extended family petitioned to be given 2 resettlement plots of land. Photo: Nhat Lan

In 1993, Mr. Chinh's family had 7 people, including: Mr. Chinh and his wife, 2 children, Mr. Chinh's parents and younger brother Cao Tien Nam (born in 1965). In 1995, Mr. Cao Tien Nam married Ms. Dang Thi Xuan (residing in Block 5, Ben Thuy Ward). Because he had no place to live, Mr. Chinh let his younger brother and his wife stay in the house he bought from Mr. Nguyen The Quang.

When the Vinh City People's Committee reclaimed the land of the Electricity Construction Board's housing area to implement the project to expand Truong Thi Primary School, Mr. Chinh was compensated by the City Land Fund Development Center for the value of assets on land and land of more than 1.097 billion VND. Regarding housing rental support and relocation support, the Center determined that Mr. Chinh's family consisted of 2 households, 8 people, with a total cost of 24 million VND. However, only 1 resettlement land plot was considered for settlement even though Mr. Chinh had requested many times to be granted 2 resettlement land plots.

Also in the petition, Mr. Chinh informed that in the collective housing area, there are households of Mr. Nguyen Ngoc Linh and Mr. Nguyen Trong Ha who are not officials or employees of the Electricity Department, are not allowed to buy houses at discounted prices, but arbitrarily build houses illegally and are still compensated and given resettlement land. Among them, Mr. Linh is the person who rents a collective housing to live; after the owner took back the house, he occupied land in the collective housing area to build a house. As for Mr. Ha, he came to live in his brother's house, then occupied land to build his own house next to his brother's house.

To verify the information stated in the application, Mr. Chinh provided all relevant documents and papers. These showed that he had a certificate of purchase of the collective house, a certificate of sale of the collective house of Mr. Nguyen The Quang...

In fact, at the Electricity Construction Board Collective Housing Area, Mr. Chinh's family has 3 generations living together in 2 collective houses. This is also shown in the Minutes of determining compensation value established by the Land Fund Development Center on May 8, 2018 for the head of the household Cao Huu Chinh (including 2 households, 8 people). Mr. Chinh said that he wrote a petition to present his wishes, provided related documents... but was not considered.

Narrow entrance at the Electricity Construction Board's housing area. Photo: Nhat Lan

In the written response to the petition, the City Land Fund Development Center stated that there was no more resettlement land, so it would not allocate his family an additional resettlement plot. At the end of September 2018, he filed a complaint to the City People's Committee. On October 1, 2018, the Chairman of the City People's Committee issued a document assigning functional departments, the Land Fund Development Center, and the People's Committee of Truong Thi Ward to inspect and report their opinions so that the City People's Committee could respond to the citizens. But so far, there has been no response...

Mr. Cao Huu Chinh said: “We are two families, living in two collective houses that the Electricity Department has priced with receipts, we have a legitimate need for residential land but were not given two resettlement plots. Meanwhile, two families who “parachuted” to occupy land and illegally built in the collective area were compensated for resettlement. This is completely unreasonable. Unfair...”.

Need to resolve once and for all

According to the representative of the People's Committee of Truong Thi Ward, in the land acquisition for the expansion project of Truong Thi Primary School, the ward government only verifies and makes a list of households living in the Electricity Construction Board Collective Area. The implementation of compensation, support and resettlement policies is carried out by the City Land Fund Development Center.

For Mr. Cao Huu Chinh's household, the current land use status has been approved by the Department of Natural Resources and Environment with an area of ​​68.7 square meters (plot number 14); of which 39.9 square meters were purchased for a house, and 28.8 square meters were expanded outside the area of ​​the land. The origin of land use was also determined to be that the Department of Electricity valued it in 1987 and bought the collective house of Mr. Nguyen The Quang in 1987; in addition, the expanded area was also determined to be from after 1980 to before October 15, 1993.

“Truong Thi Ward made a list of households according to the current land use status. When Mr. Cao Huu Chinh made a request, the ward instructed him to submit an application to the Land Fund Development Center for consideration and settlement according to regulations...” - representative of Truong Thi Ward People's Committee discussed.

According to the representative of the City Land Fund Development Center, up to now, the Vinh City People's Committee has only approved the compensation plan and support for site clearance to implement the project of expanding Truong Thi Primary School; it has not yet approved the resettlement plan. Recently, due to complaints from some households in the apartment complex, the city leaders directed the establishment of a working group to inspect and verify. Currently, the working group is performing its duties.

Question: In the support plan, the Center determined that Mr. Chinh's household consisted of 2 households and 8 people, so why not consider giving them 2 resettlement plots of land? The representative explained that when making the compensation and support plan, through inspection, it was determined that Mr. Cao Huu Chinh's household's land consisted of 2 households and 8 people. Based on this reality, the Center made a support plan and it was approved by the superiors.

Regarding the resettlement land allocation, the Center has verified that in 2004, Mr. Cao Huu Chinh's younger brother, Mr. Cao Tien Nam, moved out of the collective housing area; it was not until 2016 that he brought his family back to live temporarily in the collective housing area. Currently, Mr. Nam's household registration is in Ben Thuy ward, while in Truong Thi ward it is temporary residence. Therefore, it is determined that this household is not subject to the resettlement policy.

Regarding the two cases of Mr. Nguyen Ngoc Linh and Mr. Nguyen Trong Ha, the Center and the People's Committee of Truong Thi Ward also clarified that they were not the subjects of the Department of Electricity's price-fixing of collective housing, but arbitrarily built and expanded houses in the collective housing area. Therefore, these two cases are only compensated for the property on the land, not for the land. Regarding resettlement, according to the provisions of the law, they are still considered and resolved.

Resettlement area of ​​the Power Construction Board. Photo: Nhat Lan

The representative further discussed: Mr. Cao Huu Chinh's household is expected to be assigned resettlement land lot No. 22, with an area of ​​98.6 square meters, larger than the recovered area of ​​68.7 square meters. In addition, the resettlement land fund for the Electricity Construction Board Collective Area in Block 3, Truong Thi Ward is no longer available. Therefore, when Mr. Cao Huu Chinh submitted a petition, the Center responded in writing, stating the view that if Mr. Chinh has complete documents to buy 2 houses at a discount, he will be compensated for the land, but will not be assigned an additional residential land lot.

However, the Center will wait for the conclusion of the working group after verifying and handling the complaint, including the complaint of Mr. Cao Huu Chinh. Only then will the Center finalize the resettlement plan to submit to the City People's Committee for appraisal and approval...

Checking the compensation and support records for site clearance to implement the project to expand Truong Thi Primary School, the information related to the households of Mr. Cao Huu Chinh, Nguyen Ngoc Linh, and Nguyen Trong Ha was basically as discussed by the representative of the City Land Fund Development Center.

However, there are concerns. That is, Mr. Chinh’s household consists of 3 generations living together for many years, not a new development. Therefore, since 1987, Mr. Chinh bought an additional apartment to increase the living space; currently, Mr. Chinh has full documents for buying the house at the price, and also owns two apartment buildings.

Mr. Cao Tien Nam - younger brother of Mr. Cao Huu Chinh, although he was determined to have moved his household registration to Ben Thuy ward in 2004, and only returned with his family to temporarily reside in 2016, he was also a resident of the apartment complex before; currently he still has no house or land... These things show that Mr. Cao Huu Chinh's extended family really has a need for residential land; his request to hand over 2 resettlement plots is well-founded and needs to be considered and resolved in a reasonable manner!