Khe Lai - Vuc Mau Lake Project: Problems that need to be resolved

There are still many problems

The Khe Lai - Vuc Mau Lake Project in Tan Thang Commune, Quynh Luu District was approved in June 2009 and started construction in 2010, with a total investment of over VND227.8 billion. However, due to many reasons, especially capital issues, the project had to be temporarily suspended in 2017.

To continue building this project, on October 29, 2021, the Ministry of Agriculture and Rural Development issued Decision No. 4228/QD-BNN approving the adjustment of Khe Lai - Vuc Mau Lake Project Phase 1, with a total investment of 627 billion VND, of which construction and installation costs are about 198 billion VND, and compensation for site clearance is about 373 billion VND.

According to the report of the People's Committee of Quynh Luu district, regarding compensation and site clearance: Up to this point, Quynh Luu district has completed the work of measuring and approving specific land prices to serve the project's site clearance work.

Completed the inventory and field counting of 100% of affected land plots, completed the additional review and approval of the adjustment of the overall site clearance plan of the project... At the same time, 23 land recovery decisions were issued with an area of ​​219.41 hectares, reaching 60% of the total volume required for site clearance (of which: recovery before 2016 was 91.32 hectares; recovery from 2023 to present is 128.054 hectares/268 land plots/79 households).

However, currently, the implementation of site clearance work is facing some difficulties and obstacles such as: Currently, the Provincial People's Committee has not issued a Decision to replace Decision No. 24/2022/QD-UBND to have a basis for implementing compensation and support. There are 32.11 hectares of natural forest land that Tan Thang Commune People's Committee is completing auction procedures for, however, there is still no Decision allowing the auction by the Provincial People's Committee.

There is no opinion on other support for cases without land use documents, receiving transfers after August 1, 2008; other support for planting agricultural crops on forestry land; The provincial interdisciplinary working group has not yet made a specific conclusion for the households of Mr. Ha Van Luan and Mr. Vi Van Tam in Nam Viet hamlet, Tan Thang commune, so that the District People's Committee has a basis to continue implementing the next steps related to compensation and relocation of households in the reservoir area to a safe place.

There are currently 139.93 hectares of land clearance that have not been completed (including: 0.42 hectares of residential land/14 households/14 plots of land; 102.04 hectares of agricultural land/96 households/207 plots of land; 37.48 hectares of forest land (26 households/35 plots of land). Currently, Tan Thang Commune People's Committee has determined the origin of 70/99 plots of land, the remaining 29 plots of land are in the process of adjusting the origin of the land.

The reason for the problem of site clearance is that the project has been implemented for more than 15 years (starting from 2010 until now), has been suspended for a long time due to lack of capital and has not been approved by the Ministry of Agriculture and Rural Development to adjust the project (suspended for 6 years from the end of 2016 to the beginning of 2022)... so the current status, legal basis, and regulations on site clearance compensation have many changes and inadequacies such as the 2024 Land Law replacing the 2003 Land Law.

From 2016 to 2022, no capital was allocated, so the site clearance work was not carried out. In 2022, after allocating funds, the flood elevation was adjusted from + 47.33m to + 46.25m. It was necessary to re-measure and adjust the cadastral map to supplement the new land use plan to carry out site clearance work.

Up to now, Tan Thang commune has not yet allocated land according to Decree 64, Decree 81, Decree 02, Decree 163; has not yet measured cadastral maps, established land management records before the implementation of the Khe Lai project. The area that must recover land to implement the project is located in highland and remote areas; the subjects of land recovery are mainly ethnic minorities and members of the Quynh Luu Youth Volunteer Team. The project has lasted for more than 15 years, of which 6 years have been stopped, so in many cases, people (mainly ethnic minority households) have been forced to move to other places, build houses after getting married, separating households...

Therefore, it has caused great difficulties in determining the subjects, land users, and the origin and process of land use. In the project implementation area, there are 32.11 hectares of production forest land which is natural forest, land and forest have not been allocated; the process and procedures for forest liquidation, support for forest protection and supervision have many problems.

Not to mention the limited land management at the local level, allowing the situation of buying, selling, transferring or self-reclaiming land to change the original status, self-conversion, planting agricultural crops on land of forestry origin, agricultural land planning. Illegal construction of works after the land reclamation notice is not handled and prevented in time, causing difficulties in identifying the user, determining compensation conditions, and support to prepare site clearance records.

Need to be removed soon

To gradually remove difficulties in site clearance. Quynh Luu District is directing the People's Committee of Tan Thang Commune to continue to carry out the work of determining the origin of the land. Submitting to the Provincial People's Committee for consideration of other support policies for cases without land use papers, receiving transfers after August 1, 2008.

There are other support policies for planting agricultural trees on forestry land (production forest planning); There are policies allowing the auction of natural forest timber assets from exploitation when converting forest use to other purposes to implement the project.

Quynh Luu District People's Committee hopes that provincial departments, branches and sectors will continue to pay attention and provide guidance so that the district has a basis to implement the contents in accordance with regulations, at the same time, complete specific reports related to the work of supporting, compensating and clearing the project's site to soon start construction to ensure progress.