The North-South Expressway project through Dien Chau district is stuck with 2 households not handing over the land.

Key project stuck 20 meters

The North-South Expressway project, Nghi Son - Dien Chau section, has cleared 15.32 km/15.34 km of land, reaching 99.87%; about 20m remains, including the land clearance section over the National Highway (QL) 48 overpass in Dien Yen commune (because the expressway passes through QL 48, so the overpass must be built and there are still land clearance issues for 6 households.

Of which, 4 households with residential land area have approved the compensation plan for site clearance, the District People's Committee has submitted specific land prices for resettlement land allocation, currently the Provincial Land Price Council has met to approve and wait for the Provincial People's Committee's decision to implement resettlement land allocation.

Mr. Nguyen Sy Tho's house near the foot of the National Highway 48 overpass has not been liberated yet. Photo: PV

Currently, the project site is being held up by two households, Mr. Nguyen Sy Phu and Mr. Nguyen Sy Tho, in Dien Yen commune. These two households have agricultural land, the District People's Committee has reclaimed the land and approved the compensation plan for site clearance, but both households have complained that they do not agree to the land compensation at the agricultural land price but must be compensated at the residential land price.

According to the petition of Mr. Nguyen Sy Tho (Dien Yen commune), in 1992, Yen Ly Thuong Cooperative sold land plot No. 9, map No. 112-60 to Mr. Nguyen Sy Phu's family (Mr. Nguyen Sy Tho is Mr. Phu's younger brother). Mr. Phu's family paid 2,500,000 VND, with Receipt No. 1,394 with the content "paying for land use production on Road 48". In fact, the two brothers pooled money to buy the land but paid in Mr. Nguyen Sy Phu's name. The reason why in 1996, Mr. Nguyen Sy Phu's family was not granted a Land Use Right Certificate (LURC) was because the State had set up a 24m traffic corridor marker from the center of the road, so the remaining land area of ​​53.2m2 was not eligible for the People's Committee of Dien Chau district to issue a LURC; In 1997, in the Land Register of Dien Yen commune, the owner of land plot No. 9, map sheet No. 112-60, with an area of ​​547 square meters (including 200 square meters of residential land and 347 square meters of garden land), was also recorded as Mr. Nguyen Sy Phu (individual name). In fact, in 2005, when the State reclaimed the land to upgrade and expand National Highway 48, compensation was made according to the price of residential land and garden land.

Mr. Nguyen Sy Tho's house (Dien Yen commune) was built as a motel for business. Photo: PV

Then, in 2000, Mr. Nguyen Sy Tho's family leveled the ground to build a house, but it was not until 2013 that they built a motel for business and residence. Mr. Tho said: When the North-South Expressway project affected his family, the People's Committee of Dien Chau district decided to reclaim the land and compensate according to the price of agricultural land, which was unreasonable and incorrect, and compensation should be based on the price of residential land and garden land.

Mr. Tho also added: According to the initial compensation price, the property on the land was compensated for about 198,000,000 VND, but after being determined to be agricultural land, only 70,000,000 VND was compensated (due to illegal house construction on agricultural land).

The overpass on National Highway 48 runs through the North-South Expressway, Dien Chau section. Photo: PV

Responding to Mr. Nguyen Sy Tho's petition, on October 12, 2022, the People's Committee of Dien Chau district issued Decision No. 3376/QD-UBND on the settlement of the first complaint of Mr. Nguyen Sy Tho and Mr. Nguyen Sy Phu, residing in Hamlet 12, Dien Yen Commune, Dien Chau District, Nghe An Province. Dien Chau District concluded as follows: The recovered land plot has not been granted a Land Use Rights Certificate and is not listed in the land registry; the origin of use is due to the long-term contract with Yen Ly Thuong Cooperative and the collection of output. Currently, the families of Mr. Nguyen Sy Tho and Nguyen Sy Phu do not have documents proving that they have paid money to use land plot No. 9, map sheet 112-60 (map 364), i.e. land plot No. 8, map sheet No. 23 (digital map) for residential and garden purposes.

Therefore, the People's Committee of Dien Chau district compensated the area of ​​129.9 square meters recovered from Mr. Nguyen Sy Tho's family at plot number 8, map sheet number 23 and 39.6 square meters recovered from Nguyen Sy Phu's family at plot number 115, map sheet number 23 according to the type of agricultural land and compensated for assets on agricultural land in accordance with the law.

Mr. Cao Thanh Long - Deputy Head of the Department of Natural Resources and Environment of Dien Chau district said: Dien Chau has been carrying out site clearance for many projects in the area, the fact that the two cases on agricultural land have not agreed and complained has affected the overall progress. The reason why the People's Committee of Dien Chau district compensated the recovered land area at the land plot of Mr. Nguyen Sy Tho's family in hamlet 12, Dien Yen commune at the price of agricultural land but did not compensate at the price of residential land and garden land for his family is to ensure compliance with regulations, for the following reasons:

The first:The recovered land plot has not been granted a Land Use Right Certificate and is not yet listed in the Land Registry; the origin of use is due to the Yen Ly Thuong Cooperative's long-term contract and production collection. Currently, Nguyen Sy Tho's family does not have any documents proving that they paid money to use land plot No. 9, map sheet 112-60 (map 364), i.e. land plot No. 8, map sheet No. 23 (digital map), for residential and garden purposes.

Monday,The entire recovered area of ​​169.5 square meters is within the planning boundary of the traffic safety corridor of National Highway 48.

Tuesday,Regarding the details of the 1997 Register of Land Use Rights kept at the People's Committee of Dien Yen Commune and the Branch of the Dien Chau District Registration Office, both show that the owner is Mr. Nguyen Sy Phu, land plot No. 9, map sheet 112-60, area 547m2 (of which: 200m2 of residential land, 347m2 of garden land): Recording 200m2 of residential land is not appropriate, because the land plot has not been granted a Land Use Rights Certificate, there are no records or documents showing that this is residential land.

Wednesday,Regarding Receipt No. 1394 that Mr. Phu submitted to Yen Ly Thuong Cooperative on November 1, 1994 with the amount of 2,500,000 VND: The receipt stated that it was payment for land use production along Road 48 and the People's Committee of Dien Chau district determined that it was payment for contracted land, not payment for residential land.

Based on the complaint of Mr. Nguyen Sy Tho, the Department of Natural Resources and Environment of Nghe An province also issued a Decision to establish an interdisciplinary working group to inspect, verify and advise the Provincial People's Committee to resolve the content of Mr. Nguyen Sy Tho's petition. The working group is headed by Mr. Nguyen Minh Thang - Deputy Chief Inspector of the Department.

After receiving the results of the inspection and verification by the interdisciplinary team, the Provincial People's Committee issued Decision No. 309/2023 dated February 9, 2023 on resolving the complaint against Mr. Nguyen Sy Tho.

Decision 309 clearly states: “For the Nghi Son - Dien Chau section construction investment component project under the North - South Eastern Expressway Construction Project in the period of 2017 - 2020, Mr. Nguyen Sy Tho's household is determined to receive compensation and support with a total amount of 99,762,905 VND, including: Land compensation: Agricultural land (perennial land), Area: 129.9m2 with a unit price of 55,000 VND/m2; compensation amount: 7,144,500 VND. Compensation for assets on land (illegally built structures on agricultural land, so support is determined at 30%): 76,579,405 VND; Compensation for trees and crops: 670,000 VND; Support for training, career conversion and job search: 14,289,000 VND; Support Support for stabilizing life and production: 1,080,000 VND according to Decision No. 2800/QD-UBND dated August 24, 2022 of Dien Chau District People's Committee is to ensure compliance with the provisions of law".

Regarding the issue that he previously complained about when upgrading and renovating National Highway 48, his family was compensated at the price of garden land and residential land, through checking some records kept at the People's Committee of Dien Yen commune, we found the following: At the time of implementing the Project to renovate and upgrade National Highway 48, plot of land No. 56, map sheet No. 1, area of ​​543m2 (according to Map 364 is plot of land No. 9, map sheet No. 112-60) of Mr. Nguyen Sy Phu's family used for agricultural purposes (growing rice and spinach) without any constructions or structures on the land and this plot of landnot yet granted land use rights certificateOn June 20, 2005, the Compensation Council of Dien Chau district made a record to determine the compensation value and support for Mr. Nguyen Sy Phu's family: Recovered 165.9m2 of garden land, compensated for garden land with the amount of 45,954,300 VND, and assets on the land are rice + water spinach with the amount of 188,700 VND; total of 46,143,000 VND. The Compensation Council of Dien Chau district made a record to determine the compensation value.but then the People's Committee of Dien Chau district has not issued a decision approving the compensation and support plan..

In 2008, the People's Committee of Dien Chau district implemented the procedures to implement the WB4 Road Network Improvement and Upgrade Project, which mentioned the current situation of the families of Mr. Nguyen Sy Phu and Nguyen Sy Tho.Thus, Mr. Nguyen Sy Tho's statement that in 2005 - 2008, when the State reclaimed land to implement the project to renovate and upgrade National Highway 48, compensation was made according to the price of residential land and garden land was incorrect; in fact, compensation was for agricultural land interspersed in residential areas.".

The Provincial People's Committee affirmed: "Mr. Nguyen Sy Tho's complaint against Decision No. 2800/QD-UBND dated August 24, 2022 of the People's Committee of Dien Chau district on approving the compensation plan and supporting site clearance when the State reclaims land to implement the Nghi Son - Dien Chau section investment component project under the Project to construct a number of expressway sections on the North - South East route in the period 2017 - 2020, specifically: Compensation for the area of ​​129.9m2 of land recovered at the land plot of Mr. Nguyen Sy Tho's family at the price of agricultural land without compensation at the price of residential land and garden land for Mr. Tho's family isfalse complaint, no basis for consideration and resolution".

The delay in site clearance at the foot of the Highway 48 overpass has affected the progress of the North-South Expressway project. Photo: PV

Will enforce to ensure the strictness of the law

The North-South Expressway section Nghi Son - Dien Chau when passing through Dien Chau area has many design adjustments, additional frontage roads, resulting in some areas and households having to be compensated for site clearance. That is also one of the reasons why the project is behind schedule.

Currently, Dien Chau district is waiting for the Provincial People's Committee to approve the land price to resettle 4 households with residential land when constructing the overpass footpath. For the 2 households with agricultural land mentioned above, Dien Chau district has explained, propagated, mobilized and responded to complaints.

Mr. Tang Van Luyen - Chairman of Dien Chau District People's Committee said: Dien Chau District People's Committee issued Decision No. 2800/QD-UBND dated August 24, 2022 on approving the compensation plan and support for site clearance when the State reclaims land to implement the Nghi Son - Dien Chau section investment project, including Mr. Nguyen Sy Tho's family, which is in accordance with the law. On December 27, 2022, the Department of Natural Resources and Environment also conducted a direct dialogue with the complainant, the complained, the person with rights, interests and related organizations under the direction of the Provincial People's Committee. Regarding Mr. Nguyen Sy Tho, the District People's Committee and the Provincial People's Committee also responded to his second complaints, ensuring the process, procedures, time limit, and meeting the aspirations of citizens. In order to effectively carry out the site clearance of the North - South Expressway, Dien Chau District has issued enforcement decisions and will complete them in April 2023.

The Prime Minister also requested relevant units to closely follow and ensure the project progress, ensure the quality of construction, aesthetics, techniques, and environmental landscape. In addition, there must be no negativity, harassment, waste, and safety for workers during construction.

The Prime Minister inspected the progress of the North-South Expressway section through Dien Chau in January 2023. Photo: PB