Ms. Nguyen Thi Ha's complaint is a false complaint.

(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 site 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, in which land compensation for an area of ​​53 m was approved.², the type of garden land (agricultural land) for Ms. Ha's family is not in accordance with regulations. Ms. Nguyen Thi Ha requested the People's Committee of Yen Thanh district to compensate for an area of ​​53 m²Land by land price.

On April 4, 2014, Nghe An Provincial People's Committee issued Official Dispatch No. 1315/QD-UBND.KT deciding to resolve Ms. Nguyen Thi Ha's complaint with the following content:

The results of the inspection and verification of land recovery, preparation of records and approval of compensation and site clearance plans for Ms. Nguyen Thi Ha's household show that the People's Committee of Yen Thanh district approved compensation for the value of the right to use 53 m²for Mrs. Nguyen Thi Ha's family at the garden land price is in accordance with the provisions of Clause 2, Article 6, 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 Nghe An Provincial People's Committee (in case after the State recovers the land, the remaining area of ​​the land plot is larger than or equal to the area recognized as residential land according to the regulations of the Provincial People's Committee for that land plot, the recovered area will be compensated according to the garden land).

On March 19, 2014, the Department of Natural Resources and Environment chaired, with the participation of the Inter-sectoral 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, a dialogue with Ms. Nguyen Thi Ha, with the following results:

Ms. Nguyen Thi Ha and the above-mentioned dialogue participants agreed with the Draft Report on the results of inspection, verification, conclusion and recommendation for handling Ms. Nguyen Thi Ha's complaint, conducted by the Interdisciplinary Working Group.

Conclude:

1. Ms. Nguyen Thi Ha's complaint against Yen Thanh District People's Committee for approving the compensation plan for Ms. Ha's family for the land area of ​​53m², the type of garden land (in Decision No. 2886/QD-UBND dated July 13, 2011 of Yen Thanh District People's Committee) is not in accordance with regulations, which is a false complaint, because:

Yen Thanh District People's Committee only reclaimed 53 m²in the total 506 m2 of land of Mrs. Nguyen Thi Ha's household. Based on current regulations, plot number 271, map sheet number 13, area 506 m2²(measured in 2004) of Mrs. Ha's family has a residential land limit of 200 m²and the garden land area located in the same residential plot is 306 m². After recovering 53m², the remaining land area of ​​Mrs. Ha's family is 453m2², larger than the residential land limit. Therefore, Yen Thanh District People's Committee determined and approved the compensation value for Ms. Ha's family for the land area of ​​53 m²The above land revocation according to garden land price is in accordance with regulations.

2. Decision No. 5807/QD-UBND dated December 5, 2013 of the Chairman of Yen Thanh District People's Committee on resolving Ms. Nguyen Thi Ha's complaint is in accordance with the law.

From the above grounds,

Decision:

Article 1. Uphold Decision No. 5807/QD-UBND dated December 5, 2013 of the Chairman of Yen Thanh District People's Committee on resolving the complaint of Ms. Nguyen Thi Ha, residing in Van Trai 7 hamlet, Long Thanh commune, Yen Thanh district, Nghe An province.

Article 2.Resolve the complaint of Ms. Nguyen Thi Ha as follows:

Ms. Nguyen Thi Ha's complaint that the People's Committee of Yen Thanh district has approved a compensation plan for Ms. Ha's family for an area of ​​53m2²The land recovered (belonging to plot number 271, map sheet number 13, survey map in 2004) according to the garden land price (in Decision No. 2886/QD-UBND dated July 13, 2011 of Yen Thanh District People's Committee) is not in accordance with regulations, which is a false complaint.

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

If she does not agree with the decision to resolve this complaint, Ms. Nguyen Thi Ha 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, Construction, Transport; Chairman of Yen Thanh District People's Committee, Chairman of Long Thanh Commune People's Committee; Ms. Nguyen Thi Ha and related organizations and individuals base on the Decision to implement.

Provincial People's Committee