Resolve the complaint of Ms. Vu Thi Chat, Quang Trung ward

Ms. Vu Thi Chat's family complained about Decision No. 4905/QD-UBND dated October 30, 2013 of Vinh City People's Committee on re-approving the detailed plan on compensation, support, and resettlement for the implementation of the mixed-use project of Trade Center, Services, Offices, Housing, and Luxury Apartments in Quang Trung Ward, Vinh City with the following contents:

- Complaining that the compensation area of ​​13.3m2 is not the actual area that her family is using, requesting compensation with an area of ​​20m2 according to the actual area that the family is using.

- Complaining that the land compensation price for her family is too low, requesting compensation according to market price.

-Request resettlement for Ms. Vu Thi Chat's family because the family's entire land plot has been reclaimed.

On January 19, 2015, the Provincial People's Committee issued Official Dispatch No. 212/QD-UBND.KT deciding on the settlement of the complaint of Ms. Vu Thi Chat, residing in Block 12, Quang Trung Ward, Vinh City:

Conclude:

1.The content of Ms. Vu Thi Chat's complaint that the People's Committee of Vinh City compensated her family for 13.3 square meters of residential land is incorrect, and the request for compensation for 20 square meters of land is unfounded, because:

- Land records through the periods (2001 land cadastral map of Quang Trung ward, Technical records of land plot established on May 26, 2001, Extract of land cadastral map (measured, drawn) established by the Provincial Land Use Registration Office on June 1, 2010 and confirmed by the Department of Natural Resources and Environment on June 4, 2010) all show that the land plot that Ms. Chat's family is using (land plot number 130, map sheet number 14) has an area of ​​13.3 square meters.

-The results of verifying the origin and land use process of Quang Trung Ward People's Committee confirmed that: Mr. Phan Dinh Thanh (deceased) and Ms. Vu Thi Chat are the owners of land plot No. 130, map sheet 14, in block 12, Quang Trung Ward, the actual area the family is using is 13.3m2, the time of use is before December 18, 1980, the purpose of use is residential land.

- In the Land and Asset Inventory Record prepared by the Land Fund Development Center in coordination with the People's Committee of Quang Trung Ward and the family representative, Ms. Phan Thi Binh (Ms. Binh was authorized by Ms. Chat) on April 9, 2013, it shows that the recovered land plot has an area of ​​13.3 square meters, Ms. Binh signed to confirm this area.

- The 6.7m2 land area that Ms. Vu Thi Chat requested compensation for (in addition to 13.3m2) is located on the sidewalk of Nguyen Canh Chan Street; Ms. Chat's family built a porch (steps) and a small lean-to for this area after the decision to reclaim the land was made (at the time of making the Land and Asset Inventory Record on April 9, 2013, this part was not yet available).

- Ms. Vu Thi Chat does not have any legal documents or papers to prove her family's legal land area, including the 6.7m2 sidewalk area. During the land use process, Ms. Chat's family did not fulfill their land tax obligations as prescribed.

2.The content of Ms. Vu Thi Chat's complaint that the land compensation price for her family was too low is a false complaint; the request for compensation according to market price has no basis for settlement, because:

Based on the 2013 Land Price List in Quang Trung Ward issued with Decision No. 111/2012/QD-UBND dated December 27, 2012 of Nghe An Provincial People's Committee: Land plot No. 130, map sheet No. 14, Cadastral map of Quang Trung Ward, land use purpose for residential purposes, has a price of 20,000,000 VND/m2.

According to the provisions of Clause 1, Article 8, Regulations attached to Decision No. 04/2010/QD-UBND dated January 19, 2010 of the Provincial People's Committee promulgating regulations on compensation, support and resettlement when the State recovers land in Nghe An province, the People's Committee of Vinh City based on the 2013 Land Price List in Quang Trung Ward issued with Decision No. 111/2012/QD-UBND dated December 27, 2012 of the People's Committee of Nghe An province to apply land prices, approve compensation and support plans (in Decision No. 4905/QD-UBND dated September 30, 2013) is in accordance with the law.

3.The content of Ms. Vu Thi Chat's complaint and request for resettlement of a resettlement land plot for Ms. Chat is unfounded, because:

Pursuant to Clause 3, Article 29 of the Regulations under Decision No. 04/2010/QD-UBND dated January 19, 2010 of the People's Committee of Nghe An province promulgating regulations on compensation, support and resettlement when the State recovers land in Nghe An province, Ms. Vu Thi Chat is not eligible to be arranged and allocated resettlement land, because in addition to the recovered land plot, Ms. Vu Thi Chat already has a house and land in Quang Trung ward, currently Ms. Vu Thi Chat is living on this land plot (land plot No. 62, map sheet 14, area 87.8m2, in block 12, Quang Trung ward, almost opposite the recovered land plot; Vinh City People's Committee granted a Land Use Right Certificate in 2003).

4.Decision No. 6254/QD-UBND dated August 19, 2014 of the Chairman of Vinh City People's Committee on handling Ms. Vu Thi Chat's complaint ensures compliance with legal regulations.

Based on the above, it is decided:

Article 1. Uphold Decision No. 6254/QD-UBND dated August 19, 2014 of the Chairman of Vinh City People's Committee on resolving the complaint of Ms. Vu Thi Chat, residing in Block 12, Quang Trung Ward, Vinh City, Nghe An Province.

Article 2.Resolve Ms. Vu Thi Chat's complaint as follows:

- The content of Ms. Chat's complaint that Vinh City People's Committee compensated her family for 13.3 square meters of residential land is incorrect, but the request for compensation for 20 square meters of land is a wrong complaint.

-Mrs. Chat's complaint that the land compensation price for her family was too low is a false complaint; the request for compensation at market price has no basis for resolution.

-The content of Ms. Chat's complaint, requesting to resolve the resettlement of a resettlement land plot for her is baseless.

Article 3.This Decision takes effect 30 days after the date of issuance.

If she does not agree with this Decision to resolve the complaint, Ms. Vu Thi Chat has the right to file an administrative lawsuit at the People's Court according to the provisions of law.

Article 4.Chief of Office of Provincial People's Committee, Chief Inspector of Province, Directors of Departments: Natural Resources and Environment, Finance, Justice, Construction, Industry and Trade; Chairman of Vinh City People's Committee, Chairman of Quang Trung Ward People's Committee; Ms. Vu Thi Chat and related organizations and individuals shall implement this Decision.

Provincial People's Committee