Cooperation for the common good
(Baonghean) - Recently, Nghe An Newspaper received information from 10 households residing in Trung Yen village, Yen Khe commune (Con Cuong) reflecting: The land previously contracted between Bai Phu State Farm (now Bai Phu Tea Enterprise) to the households of team members was handed over to the District Military Command but the households were not approved. And up to now, they have not received a satisfactory support plan...
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The land was granted to the Con Cuong District Military Command. |
Mr. Tran Huu Chinh, representative of the members of the Bai Phu State Farm, said: In 1960-1961, we came from the lowlands to the highlands to work as farm workers to build the economy and establish the Trung Chinh unit (now Trung Yen). At that time, this area was a wasteland, we had to reclaim it. In 1992-1993, 10 households were assigned some areas by the farm to grow tea. However, in November 2003, the Con Cuong District Military Command directly went to Trung Yen village to issue a notice calling 10 households to the village cultural house for a meeting, announcing the content that the entire land area of the 10 households' production had long belonged to national defense land, and at the same time forced the households to make a record of borrowing land for cultivation... Mr. Chinh as well as the households all said: The handover of land for national defense purposes, the people completely agreed, but if they wanted to reclaim it, there must be a notice to the people, there must be a consensus on compensation, and the people cannot be ignored like that.
Inquiring into the matter, it is known that, on the basis of the land assigned to the farm team members for cultivation, in 1999, after surveying, the Department of Natural Resources and Environment, the Military Command of Con Cuong district, and the cadastral office of Yen Khe commune conducted measurements and made an extract map according to the cadastral map of the above land, completed the dossier and sent it to the Department of Land Administration to request the Provincial People's Committee to issue a Certificate of Land Use Rights to the Con Cuong District Military Command. On January 11, 2001, the Provincial People's Committee issued Decision No. 846/QD.UB.DC on granting land for defense purposes, along with a Certificate of Land Use Rights with code U 345357 to the Con Cuong District Military Command for the above land plot. The families of the team members were completely unaware of the process of converting the purpose of use and handing over the land to the Con Cuong District Military Command.
Mr. Dang Trong Hanh, former Captain of Trung Chinh Team, currently an officer of the Planning Department of Bai Phu Tea Enterprise, admitted: Previously, the farm allocated land to households for production, but when handing over the land to the Military Command of Con Cuong District for national defense purposes, the farm did not actually hold a meeting to approve the households... Mr. Nguyen Viet Tam, current Captain of Trung Chinh Team, affirmed: After the land reclamation period, the farm allocated land to households, but when it was converted to national defense land, the households did not know.
Regarding the issue of compensation and support, it was found that because there were no meetings, it was not until November 2003 that the District Military Command came to the village to invite households to a meeting to announce that this land was under the authority of the District Military Command that the people knew and demanded compensation and support. At this time, the land was under the authority of the Con Cuong District Military Command, because it had not been used, the District Military Command lent it to households for cultivation. The contract for borrowing land for cultivation between the Con Cuong District Military Command and the households, made on December 15, 2004, stated: “The family commits not to plant perennial trees or build structures on the land, and to pay the full annual fee on time. When there is a need to use it for national defense, the Con Cuong District Military Command will reclaim the land in whole or in part depending on the nature of the task, but during that year no fee will be collected and the products on the land will be refunded (if the products have not yet reached the harvest time).”
After signing the land lease contract, the families cultivated the land and paid the land lease fee to the District Military Command for 1 year. After that, the District Military Command no longer collected the fee and allowed the households to continue cultivating and producing. In 2012, the District Military Command intended to plan and build a shooting range for training and combat, so they surveyed and re-measured the land plot, but the families objected. Lieutenant Colonel Le Van Toi, Deputy Commander of the Con Cuong District Military Command, said: We did not know about the previous incident between the farm and the team members. On the unit's side, we explained that the households' objection was not consistent with the land lease contract they signed with the District Military Command. In the process of organizing and managing the land, the District Military Command performed its functions and tasks correctly, ensuring compliance with the procedures, regulations of the State and the law, and military discipline. The 97,196.30m2 land plot with Decision No. 846/QD.UB.DC attached to the Land Use Rights Certificate with code U 345357 in Trung Yen village, Yen Khe commune is under the management and use of the Con Cuong District Military Command to serve national defense tasks.
Mr. Luong Dinh Viet, Head of the Department of Natural Resources and Environment of Con Cuong district, said: The land is granted by the State to the farm, the farm has the right to use, transfer... in which transferring to defense purposes is considered the number one priority. However, because the land was previously contracted to team members, the farm must work with the team members before transferring the land to the District Military Command. With its function, after receiving the feedback, the Department of Natural Resources and Environment of the district worked with the farm to check whether, in addition to the area transferred to defense land, the farm has arranged land elsewhere for households? According to the report, currently 6 households have been allocated land, the remaining 4 households are being verified and reviewed...
It can be seen that the transfer of land previously contracted to production team members to serve national defense purposes without notifying the team members is incorrect. This shows that the farm has disregarded and ignored the interests of households, those who have contributed to reclaiming the land, who are also those who stick with tea trees for no other purpose than the development of the farm. Therefore, it is necessary to organize a review to learn from experience; the farm as well as relevant parties need to organize meetings to sympathize with the team members. Accordingly, within its capacity, the farm needs to review the land allocation for production households. On the part of the team members, it is necessary to soon agree on the support plan previously signed with the District Military Command in the land borrowing minutes so that the District Military Command can soon deploy the construction of a training ground to serve the drills, contributing to ensuring national defense and security for the locality in general, including the interests of households in particular.
Article and photos:Quang An
Lawyer Nguyen Trong Hai, Trong Hai & Associates Law Firm, said: The decision of the People's Committee of Nghe An province to issue Decision No. 846/QD.UB.DC dated January 11, 2001, granting land for national defense purposes, along with the Land Use Rights Certificate with code U 345357 to the Military Command of Con Cuong district with an area of 97,196.30m2 of land in Trung Yen village, Yen Khe commune, Con Cuong district is in accordance with the provisions of law. Because in reality, this land is managed by Bai Phu State Farm, the households only rent it for use. After the issuance of the Land Use Rights Certificate to the Military Command of Con Cuong district, the entire area of this land has not been recovered, 10 households continue to cultivate it. The objections of the households when the Military Command of Con Cuong district proceeds to recover the land are groundless. According to Article 38 and Article 39 of the 2003 Land Law, the State has the right to reclaim land for national defense, security, national interests, and public interests. The notice period before reclaiming land must be at least 90 days for agricultural land and 180 days for non-agricultural land. After the reclamation, 10 households will be compensated for damage to property attached to the land according to the provisions of Clause 3, Article 43 of the 2003 Land Law. |