'Project' to build 13.63 m2 of road in Vinh City is being reconsidered

HARD TO UNDERSTAND

Mr. Bui Hung Son, residing at alley 11, lane 32, Phong Dinh Cang street, is a citizen who sent a petition to Nghe An Newspaper to reflect the Vinh City People's Committee's direction to Ben Thuy Ward People's Committee to invest in the construction of 13.2m²road. And this action affects the land that his family is managing and using.

Specifically, Mr. Son's family has lived on plot number 84, map sheet number 15, in K4, Ben Thuy ward since 1980; the Vinh City People's Committee granted a land use right certificate in 2008. In 2010, when Mr. Son repaired the gate, he was obstructed by the family of Mr. Tran Van Sac and Huynh Thi Mai (whose house and land are adjacent), with the reason that the land used to build the gate and the path to Mr. Son's house was land for road construction. Although the incident was later intervened and explained by the Block Executive Committee and the Ward People's Committee, Ms. Mai and Mr. Sac's families continued to obstruct Mr. Son from building the gate.

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

Not only that, Ms. Huynh Thi Mai also filed a complaint against the Vinh City People's Committee for illegally granting a land use right certificate to Mr. Son's family; accusing the application for a land use right certificate of forgery, and creating Ms. Huynh Thi Mai's signature in the boundary record... Because of this incident, the Vinh City People's Committee and a number of functional agencies spent a lot of time verifying and affirming that Ms. Huynh Thi Mai had made a false complaint.

It seemed that the incident would end here, but on July 1, 2019, Mr. Son's family was suddenly informed by the People's Committee of Ben Thuy Ward that the People's Committee of Vinh City had approved the project to open a road with an area of ​​13.63m², took the gate land and the family path to make way for part of the land area of ​​Mr. Sac and Mrs. Mai's family.

Also in the petition, Mr. Son informed that the land plot where Mr. Sac and Mrs. Mai's family are living was bought from his family's old neighbor. Previously, his family and his old neighbor lived together in harmony, without any conflicts over land.

Regarding the origin of the old neighbor's land plot, it is a whole plot of land, with one side adjacent to alley 11. On the land area adjacent to the alley, after purchasing, Mr. Sac and Ms. Mai built a house, opened a gate...

Mrs. Huynh Thi Mai's house has a gate and an exit to alley 11. Photo: Nhat Lan

“Alley 11 was planned to be a 5m wide road, but it has not been built for nearly 20 years. If Vinh City People's Committee implements the planning, it must be implemented for the entire route. Why is the land reclaimed, site clearance, and investment in building a road with a scale of only 13.63m?²to serve such a family. It is difficult to understand this decision...”.

Mr. Bui Hong Son

Inquiry, there is an incident where Vinh City People's Committee directed Ben Thuy Ward People's Committee to invest in building 13.2m²Traffic road. This is shown in Decision No. 1044/QD-UBND dated June 13, 2019 of Vinh City People's Committee on approving the construction policy of the project "Traffic road, alley 11, lane 32, Phong Dinh Cang street, Ben Thuy ward, Vinh city".

Regarding the scale of the project, it is expected to build a road with a cement concrete surface, 3.1m long and 5m wide. Support for compensation for site clearance (area 13.63m²); The total estimated investment is 190 million VND (of which site clearance compensation is 140 million VND) from Vinh city budget. And the area of ​​13.63m²Need compensation for site clearance to build lane 11, within the land area managed and legally used by Mr. Bui Hong Son's family, who built a fence and gate many years ago!

The fence and gate of Mr. Bui Hong Son's family. Photo: Nhat Lan

UNREASONABLE DECISION!

Wondering for an answer, a leader of Vinh City People's Committee said that the reason the city made such a decision was to follow the proposed content stated in the inspection and verification report of the Department of Natural Resources and Environment. Contacting the Department of Natural Resources and Environment, it was known that since June 2017, following the direction of the Provincial People's Committee, the Department has established an interdisciplinary working group to verify the content of the complaint of Ms. Huynh Thi Mai in Block 4, Ben Thuy Ward, complaining about the Vinh City People's Committee granting a land use right certificate to Mr. Bui Hong Son's family on the planned area of ​​a shared road, limiting her family's land use rights. After that, a detailed report on the settlement of the complaint and proposed handling methods were sent to the Provincial People's Committee.

According to the Report on the results of the inspection and verification of the content of the petition of Ms. Huynh Thi Mai by the Inter-sectoral Working Group under Decision No. 389/QD-STNMT of the Department of Natural Resources and Environment, the time when Mr. Bui Hong Son's family used the land was from around 1978 - 1979; in 1980, they built a house and constructions (fence, gate) and used it stably until 2010. In 2008, Mr. Bui Hong Son's family was granted a certificate of land use rights by the People's Committee of Vinh City (including the area in the road opening plan of 68.4m²granted a certificate but kept the status quo, no new construction allowed).

The Vinh City People's Committee's issuance of a land use right certificate to Mr. Bui Hong Son's family is in accordance with regulations. In 2010, Mr. Son's family built a row of boarding houses for rent and rebuilt the gate. Also from this time, Ms. Huynh Thi Mai's family submitted a request to the state agency to resolve the matter.

Mr. Bui Hong Son shows documents proving his family's legal land use rights. Photo: Nhat Lan

Regarding the origin of the land plot that Ms. Huynh Thi Mai's family is using, it belongs to lot number 4, the planned land area of ​​Hoang Thi Loan Knitting Factory, approved by the Provincial People's Committee in 1984, in Decision No. 383QD/UB. Previously, lot number 4 was under the management and use of Ms. Le Thi Nga. On December 15, 1991, Ms. Le Thi Nga transferred it to the family of Mr. Tran Van Sac and Ms. Huynh Thi Mai. Lot number 4 has an area of ​​160m², the front has no planned road through it, but only 1/3 of the front is on the road.

Also in the report, the Inter-sectoral Working Group listed in detail the relevant records and documents along with the process of handling Ms. Huynh Thi Mai's petition by the relevant agencies. Thereby, it affirmed that Ms. Huynh Thi Mai's request (including reviewing the Vinh City People's Committee's issuance of a land use right certificate to Mr. Bui Hong Son's household for the shared road; requesting to amend the land use right certificate issued to Mr. Bui Hong Son's household, and dismantling the wall and gate on the shared road) has no basis for resolution.

Land area 13.63m wide2Vinh City People's Committee plans to reclaim and compensate for land clearance to invest in road construction. Photo: Nhat Lan

However, the Inter-sectoral Working Group also determined that “Ms. Huynh Thi Mai’s proposal to resolve the access road for the land plot her family is using is reasonable”. Because in 1984, the planning of the Vinh Knitting Factory land plot, including land plot number 4, had not resolved the access road of the land plot, which was not suitable for the planning.

From there, it is recommended: “To solve the unreasonable problem of the subdivision planning, as well as the desire to open a path for the land plot that Ms. Huynh Thi Mai is using, we request the Provincial People's Committee to direct the Vinh City People's Committee to implement the road opening plan (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 and site clearance of the road section in front of the land plot that Ms. Huynh Thi Mai is using.”

The question is: The land that Ms. Huynh Thi Mai's family is using is a plot of land with a path; moreover, this family received the transfer from someone else, not a household allocated land for planning by the state, why did the Department of Natural Resources and Environment make this proposal? According to the officer in charge of the Interdisciplinary Working Group, it is because alley 11 has a road opening plan approved by the Provincial People's Committee in 2000 that is still valid today. Furthermore, this handling direction will completely resolve the citizen's petition that has lasted for many years...

Alley 11, Lane 32 - where the lawsuit took place. Photo: google.maps

On July 24, 2019, the reporter clearly stated the request of Mr. Bui Hong Son's family and the land use status of households on both sides of alley 11 to the responsible officials of Vinh City People's Committee; at the same time, requested to reconsider the investment in building a road with an area of ​​13.63m²at alley 11, lane 32, Phong Dinh Cang street.

According to the above-mentioned official, the leaders of Vinh City People's Committee have inspected the situation and found the unreasonable things. Therefore, they directed a meeting to be held on July 26, 2019 to consider and resolve the issue. At the end of July 26, 2019, this same official informed that Vinh City People's Committee decided to temporarily suspend the construction investment and report to the Provincial People's Committee!