The complaint of Ms. Nguyen Thi Xuan (Quynh Bang commune) is wrong.

(Baonghean) - Ms. Nguyen Thi Xuan, residing in Dong Hung, Quynh Bang commune, Quynh Luu district, Nghe An province, complained that the People's Committee of Quynh Luu district had not compensated her properly when the State reclaimed her family's agricultural land to implement the project of building an irrigation system for the crop area in Quynh Luu district.

Based on the results of inspection and verification of relevant parties; the results of dialogue with Ms. Nguyen Thi Xuan and relevant people, the Provincial People's Committee concluded:

1. The content of Ms. Nguyen Thi Xuan's complaint that the People's Committee of Quynh Luu district reclaimed 141.6 m2 of her family's agricultural land to implement the project of constructing an irrigation system for the colored area in Quynh Luu district but did not compensate adequately is a false complaint, because:

- Area 141.6 m²The land that Ms. Nguyen Thi Xuan's household complained about was originally agricultural land divided according to Decree 64/CP for two households, Mr. Ho Ba Mai's household and Mr. Ho Duc Chau's household. During the land conversion process according to Directive No. 02-CT/TU dated April 5, 2001 of Nghe An Provincial Party Committee, Dong Hung hamlet, Quynh Bang commune was not included in the balance to divide among households because it was among the areas of bad land, difficult to transfer and difficult to divide.

- The agricultural land area of ​​Ms. Nguyen Thi Xuan's family divided according to Decree No. 64/ND-CP is 2,276 m²for 6 people; the land area re-divided according to Directive No. 02-CT/TU is 2,125 m2, a decrease of 151 m2²compared to the land allocated under Decree No. 64/ND-CP. This reduced area is within the 7,346 m²bad land that Dong Hung hamlet cannot divide.

- After converting land in 2002, in Dong Hung hamlet, Quynh Bang commune, the remaining 7,346 m2 was assigned to households according to Decree No. 64/CP but was not converted according to Directive No. 02-CT/TU dated April 5, 2001 of the Standing Committee of Nghe An Provincial Party Committee. For the above analysis, Dong Hung hamlet did not report and hand over the unconverted area to the People's Committee of Quynh Bang commune for management, but arbitrarily left it for bidding and contracted to 14 households, in which Ms. Nguyen Thi Xuan's household was awarded an area of ​​348 m2.².

- Pursuant to the 1993 Land Law; Article 15, Decree No. 85/1999/ND-CP dated August 28, 1999 of the Government amending and supplementing a number of articles of the regulations on the allocation of agricultural land to households and individuals for long-term stable use for agricultural production purposes and supplementing the allocation of salt-making land to households and individuals for long-term stable use, the act of Dong Hung hamlet, Quynh Bang commune arbitrarily organizing a bidding to allocate to 14 households (including Mrs. Nguyen Thi Xuan's household) for agricultural production left by the hamlet after dividing it to households in 2002 is not within its authority. The bidding of public land (5%) for allocation to households and individuals for agricultural production is under the authority of the People's Committee of Quynh Bang commune.

Thus, the area is 141.6 m²The area that Ms. Nguyen Thi Xuan's household complained about for compensation was not within the area of ​​2,276 m2.²The land allocated to her family under Decree No. 64/ND-CP is also not within the area of ​​2,125 m²converted according to Directive No. 02-CT/TU. This is the area that Ms. Xuan's family received from the hamlet, which is the land area that must be handed over to the People's Committee of Quynh Bang commune for management according to regulations. Therefore, this area is only supported for the People's Committee of Quynh Bang commune to use for investment in the construction of infrastructure works, used for public purposes according to regulations.

2. Responsibilities of competent authorities in land management and site clearance compensation:

- The People's Committee of Quynh Bang commune has not managed the public land fund well, allowing the Dong Hung hamlet executive committee to arbitrarily organize the contracting of public land fund to a number of households, which is beyond its authority.

- The determination of the origin and land user to establish and approve the compensation plan for Ms. Nguyen Thi Xuan's household (under the name of Mr. Hoang Xuan Son, Head of Dong Hung Hamlet, Quynh Bang Commune) is incorrect. This responsibility belongs to the People's Committee of Quynh Bang Commune, the Compensation and Site Clearance Council for the investment project to build the irrigation system for the crop area of ​​Quynh Luu District, and the People's Committee of Quynh Luu District.

3. The Chairman of the People's Committee of Quynh Luu district's initial settlement of the complaint of Mr. Ho Huu Hanh (husband of Mrs. Nguyen Thi Xuan) of Dong Hung hamlet, Quynh Bang commune in Decision No. 2051/QD-UBND dated August 16, 2013, amended in Decision No. 394/QD-UBND dated March 14, 2014, is in accordance with the provisions of law.

People's Committee of Nghe An province