Requesting teachers who borrowed the dormitory of Nghe An Ethnic Boarding High School to urgently relocate and hand over the premises

Not eligible for compensation

Regarding the incidentMany teachers borrowed the school's dormitory but refused to return it.As reported by Nghe An Newspaper, the Provincial People's Committee has also issued many documents responding to these teachers after receiving the complaints. In which, they requested 5 households to urgently relocate and hand over the site to the Provincial Boarding Ethnic High School to implement the project of building dormitories for students on schedule.

In addition, on February 15, two of these households, Mr. Nguyen Van Ky and Mr. Thai Khac Hoa, were received by the Chairman of the Provincial People's Committee Nguyen Duc Trung at the regular citizen reception session in February 2024. Here, these two people continued to complain about the Provincial People's Committee recognizing land use rights and the Department of Natural Resources and Environment granting land certificates to Nghe An Ethnic Boarding High School overlapping the land area of ​​households in the collective housing area of ​​Nghe An Ethnic Boarding High School; requesting compensation, support, and resettlement when clearing the land to implement the "Project to build some items of Nghe An Ethnic Boarding High School" for 5 households in the collective housing area of ​​Nghe An Ethnic Boarding High School.

After listening to the citizens' presentations and opinions of relevant departments, branches and localities, Chairman of the Provincial People's Committee Nguyen Duc Trung concluded: The contents of the citizens' complaints and recommendations have been assigned by the Provincial People's Committee to the Department of Natural Resources and Environment, relevant branches and Vinh City People's Committee to inspect and review and have concluded and responded that "there is no basis for settlement and there are not enough conditions for compensation, support and resettlement according to the law".

However, to ensure the rights of citizens, the Chairman of the Provincial People's Committee assigned the Provincial Inspectorate to preside over and coordinate with relevant departments and the Vinh City People's Committee to establish a Working Group to inspect and review the entire origin and land use process of households in the collective housing area and the granting of land use right certificates to Nghe An Ethnic Boarding High School in 2019 to handle in accordance with legal regulations.

The Chairman of the Provincial People's Committee also requested households in the housing area to promptly hand over the site so that Nghe An Ethnic Boarding High School can implement the project on schedule.

Previously, in mid-January 2024, Vice Chairman of the Provincial People's Committee Bui Dinh Long also sent two consecutive official dispatches responding to the petitions of these 5 households.

The content of this document states that, according to the review results of the Vinh City People's Committee and the Ha Huy Tap Ward People's Committee, the entire land area that 5 households are using (including Mr. Nguyen Van Ky's household, Thai Khac Hoa's household, Mr. Lang Viet Chinh's household, Mr. Tran Van Son's household and Ms. Sam Thi Son's household) originated from the land managed and used by Nghe An Ethnic Boarding High School, which was permitted to be used by the Nghe Tinh Provincial People's Committee in Decision No. 1192/QD-UBND dated July 3, 1984; and recognized by the Nghe An Provincial People's Committee for land use rights in Decision No. 198/QD-UBND dated April 4, 2019. The households have a contract with the school to lend collective houses in 2006.

Based on the provisions of the 2013 Land Law and the results of inspection and confirmation of the origin and land use process of households and individuals by the People's Committee of Ha Huy Tap Ward and the People's Committee of Vinh City, when implementing the Investment Project to build a number of new construction items of the Nghe An Provincial Boarding Ethnic High School, the State did not recover the land (because the land had been granted a certificate of land use rights to the Provincial Boarding Ethnic High School in 2019), so compensation, support and resettlement were not implemented according to the provisions of the law on land. Therefore, the content of the households' petitions on compensation, support and land allocation for resettlement is not grounded for consideration and resolution.

The Provincial People's Committee requested households to urgently relocate assets on the land and promptly hand over the site so that the Provincial Boarding High School for Ethnic Minorities can carry out the project.

On January 18, Vice Chairman of the Provincial People's Committee Bui Dinh Long also sent an official dispatch directly responding to the complaint of Mr. Nguyen Van Ky's household with similar content.

This document stated that, regarding the content that Mr. Ky reflected that the land use right certificate granted to Nghe An Ethnic Boarding High School overlapped with the land that his family was using, through the inspection results of the Department of Natural Resources and Environment, the report of Vinh City People's Committee, the entire land area that Mr. Ky was using originated from Nghe An Ethnic Boarding High School for housing construction since 2006, located entirely within the school's land plot, which was originally permitted to be used by Nghe Tinh Provincial People's Committee since 1984; Cadastral maps measured over the periods all identified the land user as Nghe An Ethnic Boarding High School.

The Provincial People's Committee recognized the land use rights and authorized the Department of Natural Resources and Environment to issue a land use right certificate for Nghe An Ethnic Boarding High School, including the area of ​​the school's dormitory, with a total area of ​​more than 11,000 m2.²is correct.

“Therefore, the above reflection of Mr. Nguyen Van Ky has no basis for consideration and resolution. We request that Mr. Nguyen Van Ky urgently relocate the assets on the land and soon hand over the site so that the Provincial Boarding Ethnic High School can carry out the project,” the official dispatch of the Vice Chairman of the Provincial People's Committee replied to Mr. Ky.

All located within the school grounds

More specifically, in the official dispatch of Vinh City People's Committee dated January 4, 2024, the origin and process of land use at this location were clarified. Accordingly, after the inspection, Vinh City People's Committee said that on July 3, 1984, Nghe Tinh Provincial People's Committee issued a Decision allowing Nghe Tinh Highland High School to use the old land of the Institute of Agricultural Machinery Design with a total area of ​​13,000m2.²for construction. The dormitory area of ​​the Provincial Boarding High School for Ethnic Minorities is part of the land area that the Provincial People's Committee allows the school to use in this decision.

Official survey map in 1999 belongs to land plot number 04, map sheet number 19 with an area of ​​11,376.5m2², the owner is the Boarding High School for Ethnic Minorities; The land plot extract was confirmed by the Provincial Land Registration Office in 2008 with an area of ​​11,376.5 m², owneris a Boarding High School for Ethnic Minorities.

By 2015, Vinh City People's Committee reclaimed 21.3m²to implement the project of upgrading and renovating the North Canal and the regulating lake; On April 16, 2019, the Department of Natural Resources and Environment granted a land use right certificate to the Boarding High School for Ethnic Minorities with an area of ​​11,234.2 m².

Regarding the origin and land use process of Mr. Thai Khac Hoa, Mr. Lang Viet Chinh and Mr. Tran Van Son, Vinh City People's Committee concluded that the land plots used by these 3 households originated from the Provincial Boarding High School for Ethnic Minorities lending the school's dormitories (there is a contract for lending houses in the staff dormitories dated June 25, 2006, confirmed by the Principal). In 2020, Mr. Thai Khac Hoa built a house elsewhere but has not yet returned the old dormitories to the school. Meanwhile, Mr. Tran Van Son started using the dormitories since 2012.

According to the inspection results of Vinh City People's Committee, Ms. Sam Thi Son's land plot was originally lent by the school to build a new house in 2006 on the old dormitory land of the school (based on the application for borrowing a house and the contract for borrowing a house in the collective housing area confirmed by the Principal); the cost of the new construction was paid by the family; there was no need to expand or repair the old collective housing.

"The entire area of ​​the land plot that Ms. Son is using is completely within the school's land plot," the official dispatch of the Vinh City People's Committee clearly stated.

The origin and land use process of Mr. Nguyen Van Ky is similar to the case of Ms. Sam Thi Son.

Regarding the land plot adjacent to the south of Mr. Ky's land plot, according to Vinh City People's Committee, from the time of measurement in 1999 until now, the area and shape have not changed, so Mr. Ky's claim that this household gave his family an additional area of ​​land to expand the campus is unfounded.

“The family could not provide the documents of the school allocating the land, there was no diagram of the land plot location and the area of ​​land borrowed in 2006, so Mr. Ky's claim that the school gave him an area of ​​58.5 m²is unfounded. Through checking the survey maps in 1993, 1999 and now, the land plot of the provincial boarding high school for ethnic minorities has a southern part adjacent to land plot number 110, map sheet number 20 (the southern part does not border the land managed by the ward), so Mr. Ky's claim that his family has encroached on a part of the vacant land area managed by the State is unfounded", the official dispatch of Vinh City People's Committee stated.