Ms. Nguyen Thi Ha's complaint is unfounded.
(Baonghean)Ms. Nguyen Thi Ha (residing in Van Trai 7 hamlet, Long Thanh commune, Yen Thanh district) complained about the Yen Thanh District People's Committee's approval of the compensation and support plan for land clearance for the Project: Renovation and upgrading of Provincial Road 534, section through Long Thanh commune, Yen Thanh district, in Decision No. 2886/QD-UBND dated July 13, 2011, which approved compensation for land with an area of 53 m².2The land classification for garden land (agricultural land) allocated to Ms. Ha's family is not in accordance with regulations. Ms. Nguyen Thi Ha requests the Yen Thanh District People's Committee to compensate her for the 53 m² area.2Land is priced according to residential land classification.
On April 4, 2014, the People's Committee of Nghe An province issued Official Document No. 1315/QD-UBND.KT deciding to resolve the complaint of Ms. Nguyen Thi Ha with the following content:
The results of the inspection and verification of land reclamation, dossier preparation, and approval of compensation and site clearance plans for Ms. Nguyen Thi Ha's household show that the Yen Thanh District People's Committee approved compensation for the value of the right to use 53 m².2For Ms. Nguyen Thi Ha's family, compensating them at the garden land price is in accordance with Clause 2, Article 6 of the Regulations on compensation, support and resettlement when the State recovers land in Nghe An province, issued together with Decision No. 10/2010/QD-UBND dated January 19, 2010, of the People's Committee of Nghe An province (in cases where, after the State recovers the land, the remaining area of the land plot is greater than or equal to the area recognized as residential land according to the regulations of the People's Committee of the province for that land plot, the recovered area will be compensated at the garden land price).
On March 19, 2014, the Department of Natural Resources and Environment, with the participation of the inter-agency working group established by the Department of Natural Resources and Environment, the People's Committee of Yen Thanh District and the People's Committee of Long Thanh Commune, held a dialogue with Ms. Nguyen Thi Ha, resulting in the following outcome:
Ms. Nguyen Thi Ha and the aforementioned participants in the dialogue agreed with the Draft Report on the results of the inspection, verification, conclusions, and recommendations for resolving Ms. Nguyen Thi Ha's complaint, prepared by the inter-agency working group.
Conclude:
1. Ms. Nguyen Thi Ha's complaint regarding the Yen Thanh District People's Committee's approval of the compensation plan for her family concerning the 53m² of land.2The claim that the land type (as defined in Decision No. 2886/QD-UBND dated July 13, 2011, of the People's Committee of Yen Thanh District) is incorrect is unfounded because:
The People's Committee of Yen Thanh district only reclaimed 53 m².2out of a total of 506 m2 of land owned by Ms. Nguyen Thi Ha. Based on current regulations, plot number 271, map sheet number 13, area 506 m2.2(measured in 2004) Mrs. Ha's family has a residential land limit of 200 m².2and the garden area located within the same residential plot is 306 m².2After recovering 53m2The remaining land area of Mrs. Ha's family is 453 square meters.2This area exceeds the residential land limit. Therefore, the People's Committee of Yen Thanh District determined and approved the compensation value for Ms. Ha's family for the 53 m² of land.2The aforementioned land was reclaimed at the price of garden land, which is in accordance with regulations.
2. Decision No. 5807/QD-UBND dated December 5, 2013, of the Chairman of the People's Committee of Yen Thanh District regarding the resolution of Ms. Nguyen Thi Ha's complaint is in accordance with the law.
Based on the above,
Decision:
Article 1. Decision No. 5807/QD-UBND dated December 5, 2013, of the Chairman of the People's Committee of Yen Thanh District regarding the resolution of the complaint of Ms. Nguyen Thi Ha, residing at Van Trai 7 Hamlet, Long Thanh Commune, Yen Thanh District, Nghe An Province, remains unchanged.
Article 2.The complaint of Ms. Nguyen Thi Ha is addressed as follows:
Regarding Ms. Nguyen Thi Ha's complaint, the Yen Thanh District People's Committee has approved a compensation plan for her family for a land area of 53 square meters.2The claim that the land (belonging to parcel number 271, map sheet number 13, survey map of 2004) was confiscated at the garden land price (as per Decision No. 2886/QD-UBND dated July 13, 2011 of the People's Committee of Yen Thanh District) is not in accordance with regulations and therefore constitutes a wrongful complaint.
Article 3.This decision will take effect 30 days from the date of issuance.
If she disagrees with this complaint resolution decision, Ms. Nguyen Thi Ha has the right to file an administrative lawsuit at the People's Court in accordance with the law.
Article 4.Chief of the Provincial People's Committee Office, Chief Inspector of the Province, Directors of DepartmentsThe Departments of Natural Resources and Environment, Finance, Construction, and Transportation; the Chairman of the People's Committee of Yen Thanh District, the Chairman of the People's Committee of Long Thanh Commune; Ms. Nguyen Thi Ha and other relevant organizations and individuals shall comply with this Decision.
Provincial People's Committee
