The complaint of Mr. Le Ba Vinh, residing in Vinh Quang block, Dong Vinh ward (Vinh city) is wrong.
(Baonghean) - Mr. Le Ba Vinh complained about Decision No. 8672/QD-UBND dated December 25, 2013 of Vinh City People's Committee on approving the value of compensation and support for site clearance for the project: Construction of construction items in phase II, Plan 1856 under emergency orders, collection road items, isolation fence (railway) in Dong Vinh ward (Vinh City), including Mr. Le Ba Vinh's household, specifically: No compensation for the area of 234.2m2 of land located in plot No. 106, map sheet No. 42 in Dong Vinh ward (regarding the complaint that Vinh City People's Committee compensated trees and crops not in accordance with regulations, Mr. Le Ba Vinh did not continue to complain because the Chairman of Vinh City People's Committee had concluded and resolved it in Decision No. 3494/QD-UBND dated June 15, 2015). Mr. Vinh requested compensation for the land area of 234.2 square meters located in plot number 106, map sheet number 42 in Dong Vinh ward, Vinh city, Nghe An province.
On September 22, 2015, Nghe An Provincial People's Committee issued Official Dispatch No. 4250/QD-UBND.KT regarding the settlement of the complaint of Mr. Le Ba Vinh residing in Vinh Quang block, Dong Vinh ward with the following content:
Base:
-Results of complaint settlement (first time) of Chairman of Vinh City People's Committee.
-Test and verification results:
+ Regarding the implementation of the construction project of construction items in phase II, Plan 1856 according to the emergency order, the collection road item, the isolation fence (railway) in Dong Vinh ward (Vinh city)
+ Results of working with Mr. Le Ba Vinh.
+ Results of land acquisition inspection, preparation and approval of compensation and site clearance plans.
+ Results of inspection and verification of the origin and use process of the area of 234.2m2 that Mr. Le Ba Vinh requested to be compensated for land.
+ results of inspection of land records over periods and financial obligations.
-Work results, dialogue
Conclude:
1. Mr. Le Ba Vinh's complaint about Decision No. 8672/QD-UBND dated December 25, 2013 of Vinh City People's Committee on approving the value of compensation and support for site clearance for the project: Construction of construction items in phase II of Plan 1856 under emergency orders, access roads, isolation fences in Dong Vinh Ward, Vinh City, in which there is no compensation for the area of 234.2m2 of land located in plot No. 106, map sheet No. 42 in Dong Vinh Ward, Nghe An Province for Mr. Le Ba Vinh's household is a false complaint, because:
+ The area of 234.2m2 of land located in plot number 106, map sheet number 42 is originally land managed by Hung Vinh Cooperative. Hung Vinh Cooperative and Mr. Le Ba Vinh's household signed a contract to lease the land for fish farming; it is not land allocated by the State or recognized land use rights for stable use.
+ In 2009, Mr. Le Ba Vinh's family unilaterally terminated the land lease contract with Hung Vinh Cooperative but continued to raise fish on the pond land managed by Hung Vinh Cooperative without being allocated agricultural land for stable use according to the provisions of the 2003 Land Law and Decree No. 181/2004/ND-CP dated October 29, 2004 of the Government on the implementation of the Land Law, so Mr. Le Ba Vinh's family was not compensated for land according to the provisions of Clause 5, Article 5, regulations on compensation, support and resettlement when the State reclaims land in Nghe An province, issued together with Decision No. 04/2010/QD-UBND dated January 19, 2010 of the People's Committee of Nghe An province.
2. Mr. Le Ba Vinh's request for compensation for land reclamation because he has managed and used the land for 37 years has no legal basis for settlement. The rights of Mr. Le Ba Vinh's household have been resolved by Vinh City People's Committee in Decision No. 8672/QD-UBND dated December 25, 2013 on approving the compensation plan and support for site clearance (in which Mr. Le Ba Vinh's household is compensated for assets on the land including the water surface for fish farming and bamboo fences) and are considered for supplementation according to the first complaint settlement decision.
3. Decision No. 3494/QD-UBND dated June 15, 2015 of the Chairman of Vinh City People's Committee on the initial settlement of Mr. Le Ba Vinh's complaint is in accordance with the law.
From the above comments and bases, Decide:
Article 1.
Recognize and uphold Decision No. 3494/QD-UBND dated June 15, 2015 of the Chairman of Vinh City People's Committee on the initial settlement of the complaint of Mr. Le Ba Vinh, residing in Vinh Quang block, Dong Vinh ward, Vinh City.
Article 2.Resolve Mr. Le Ba Vinh's complaint as follows:
Mr. Le Ba Vinh's complaint against Decision No. 8672/QD-UBND dated December 25, 2013 of Vinh City People's Committee on approving the value of compensation and support for site clearance for the project: Construction of construction items in phase II of Plan 1856 under emergency orders, collection road items, isolation fence in Dong Vinh ward, Vinh City, in which there is no compensation for the area of 234.2m2 of land located in plot No. 106, map sheet No. 42 in Dong Vinh ward, Nghe An province for Mr. Le Ba Vinh's household is a false complaint.
Article 3.This decision takes effect after 30 days from the date of signing.
Within 30 days from the date of receipt of this Decision to resolve the complaint, Mr. Le Ba Vinh has the right to file an administrative lawsuit at the People's Court in accordance with the provisions of the Law on Administrative Procedure.
Article 4.Chief of Office of Provincial People's Committee, Chief Inspector of Province, Directors of Departments: Department of Natural Resources and Environment, Finance; Chairman of Vinh City People's Committee, Chairman of Dong Vinh Ward People's Committee; Mr. Le Ba Vinh and related organizations and individuals are responsible for implementing this decision.
People's Committee of Nghe An province
