'Project' of 13.63m2 road in Vinh City, requesting the Provincial People's Committee to reconsider

Carry out instructions from superiors

According to Document No. 4794/UBND-TNMT of Vinh City People's Committee on handling the petition of Ms. Huynh Thi Mai and Mr. Bui Hong Son (implemented according to the direction of the Provincial People's Committee in Official Dispatch No. 555/UBND-TD), it led to the approval of the construction policy of 13.63m²The road at alley 11, lane 32, Phong Dinh Cang street is implemented under the direction of the Provincial People's Committee since 2017.

Document No. 4794/UBND-TNMT consists of 4 parts. Part one, Vinh City People's Committee reports to the Provincial People's Committee on land use, certificate issuance and planning related to the land plots of Mr. Bui Hong Son's household and Ms. Huynh Thi Mai's household. Accordingly, Vinh City People's Committee confirms that Mr. Bui Hong Son's household received the land transfer in 1979, built a house in 1980 and has been using it stably since then. In 2008, Vinh City People's Committee issued a Certificate of Land Use Rights.

Regarding Mrs. Huynh Thi Mai's household, she received the land transfer from Mrs. Le Thi Nga's household in 1991; Mrs. Nga's land was planned land of Vinh Knitting Factory to relocate people within the factory site, approved by the Provincial People's Committee in Decision No. 838/QD-UB dated April 22, 1984; Mrs. Mai's household built a house in 1999 and has been using it stably until now; she has not yet filed a file to issue a land use right certificate.

Alley 11, lane 32, Phong Dinh Cang street. Photo courtesy: Nhat Lan

Regarding planning, through checking the planning approved by the Provincial People's Committee in Decision 838/QD-UB, land lot No. 04 (currently used by Ms. Huynh Thi Mai) has an area of ​​160m2.², the North borders Mr. Bui Hong Son's land, the front (East) has no planned road through it but only 1/3 of the front adheres to the planned road. The land division diagram established in 1984 does not adjust the land that Mr. Bui Hong Son is using.

Checking the detailed urban planning of Ben Thuy ward approved by the Provincial People's Committee in 2000, there is a plan for a 5m wide road going through the East of planned land lot No. 4, affecting 7 plots of land of households (including the plot of land of Mr. Bui Hong Son). According to the draft zoning plan of Ben Thuy ward which is being completed for approval, this plan no longer exists.

In Part 2 of Document No. 4794/UBND-TNMT, Vinh City People's Committee reported to the Provincial People's Committee on the process of handling the petition. Here, the information about the dispute between Ms. Huynh Thi Mai's household and Mr. Bui Hong Son's household arose in 2010. From then until 2014, Vinh City People's Committee and provincial agencies had repeatedly received Ms. Huynh Thi Mai's petitions regarding the issuance of Land Use Right Certificates to Mr. Bui Hong Son's household.

Only when the Inter-sectoral Working Group directed by the Provincial People's Committee to establish an inspection and review of the case; and at the same time, there were appraisal results from the Institute of Criminal Science - Ministry of Public Security, it was confirmed that the Vinh City People's Committee's issuance of the Land Use Right Certificate to Mr. Bui Hong Son's household was in accordance with regulations.

Document 4794/UBND-TNMT dated August 15, 2019 of Vinh City People's Committee. Photo: Nhat Lan

However, Ms. Huynh Thi Mai's household continued to send a petition to the Provincial People's Committee. To resolve the matter, the Provincial People's Committee assigned the Department of Natural Resources and Environment to establish an interdisciplinary inspection team to review and resolve the matter. On July 25, 2017, the Provincial People's Committee issued Official Dispatch No. 5547/UBND.BTD assigning the Vinh City People's Committee to base on the results of the inspection and verification of the Department of Natural Resources and Environment's recommendations in Official Dispatch No. 3641/STNMT-TTr dated July 11, 2017 to resolve the citizen's complaint.

The "resolving the content of citizens' complaints" is shown in the recommendation of the Interdisciplinary Inspection Team, agreed by the Department of Natural Resources and Environment in Document No. 3641/STNMT with the following content: "To resolve the unreasonable problem of the State's 1984 subdivision planning, as well as the desire to have an exit for the land plot that Ms. Huynh Thi Mai is using, we request the Provincial People's Committee to direct the City People's Committee to implement the road opening planning (approved by the Provincial People's Committee in 2000); if there are not yet conditions to implement the entire planning, we will first implement the recovery, compensation, and site clearance of the road section in front of the land plot that Ms. Huynh Thi Mai is using".

And this is the reason why in 2017, Vinh City People's Committee issued a number of documents assigning departments and units to carry out the opening of the planned road section and in June 2019, issued Decision No. 3044/QD-UBND approving the investment policy for the construction of the traffic road project of lane 11, lane 32, Phong Dinh Cang street with an area of ​​13.63m²(3.1m long, 5.2m wide), total estimated investment is 190,000,000 VND, of which site clearance compensation is 140,000,000 VND!

Location of the 13.63m2 road "project" in alley 11, lane 32, Phong Dinh Cang street. Photo: Google.Maps

Petition for reconsideration

Also in Document No. 4794/UBND-TNMT, Vinh City People's Committee reported to the Provincial People's Committee that during the process of the city's departments and units implementing Decision No. 3044/QD-UBND, Mr. Bui Hong Son's family did not agree. Because they believed that the planning to destroy the gate, yard, and cut off his family's land to open a road exclusively for Ms. Huynh Thi Mai's land while this family had already built a house and had a road was not in accordance with regulations and not suitable for reality.

If the planning is implemented, it will directly affect the construction on the land and the travel and movement to the land plot of Mr. Bui Hong Son's household.

Therefore, Vinh City People's Committee has organized an inspection of the current status of the land plots of Mr. Bui Hong Son's household and Ms. Huynh Thi Mai's household. The results show that the two households are using the land plots stably as measured in 2001. The alley is 3.5m wide, covering more than half the width of Ms. Huynh Thi Mai's land plot, ensuring daily travel and activities. The area planned to be recovered and opened for road construction has a gate, yard, and entrance to Mr. Bui Hong Son's main house; if the planning is implemented, it will directly affect the constructions on the land and the travel and movement into Mr. Bui Hong Son's land plot.

Faced with this reality, Vinh City People's Committee determined that Mr. Bui Hong Son's claim that the government's opening of an additional 3.1m road under the direction of the Provincial People's Committee and Decision 3044/QD-UBND of Vinh City People's Committee mentioned above only serves the private interests of 1/2 of the land area of ​​Ms. Huynh Thi Mai's household, directly affecting the current use of his family's housing is well-founded and needs to be reconsidered. And recommended: "Vinh City People's Committee reports the incident, respectfully requests the Provincial People's Committee to reconsider the policy of opening the above-mentioned road for Vinh City People's Committee to implement".

Gate area, garden, and entrance to Mr. Bui Hong Son's house. Photo: Nhat Lan

Back to the article “Reviewing the investment in building 13.63m²"Road in Ben Thuy Ward" that Nghe An Newspaper published on August 3, 2019. At the end of July 2019, Nghe An Newspaper received a petition from citizen Bui Hong Son (residing at alley 11, lane 32, Phong Dinh Cang Street) reflecting that Vinh City People's Committee directed Ben Thuy Ward People's Committee to invest in building a 13.63m wide road.²only to serve one household. Not only that, to implement this road “project”, Vinh City People’s Committee must acquire land, and must use the state budget for compensation and site clearance.

Through verification, Nghe An Newspaper determined that citizen Bui Hong Son's petition was well-founded. It was found that the Interdisciplinary Inspection Team, after performing the inspection task, had advised on a solution, so that the Provincial People's Committee could direct Vinh City People's Committee to invest in the construction of 13.63m²Traffic route at lane 11, alley 32, Phong Dinh Cang street, Ben Thuy ward is unreasonable and needs to be reconsidered.