Difficulties pile up when paying compensation for land clearance for the National Highway 1A expansion project

Difficult to determine compensation area within 13.5m

On December 27, 2023, Deputy Prime Minister Le Minh Khai signed Decision No. 1702/QD-TTg, supplementing 1,275 billion VND of the central budget capital investment plan and estimate in 2023 from the increased central budget revenue in 2022 for Nghe An province to resolve compensation for site clearance (including late payment) of the projects.National Highway 1A expansion projectThe section through Nghe An province is part of the central budget task arising after these projects have been finalized.

To pay this amount of 1,275 billion VND, on March 15, 2024, the Provincial People's Committee issued Decision No. 575/QD-UBND on the establishment of a steering committee for compensation payment for land clearance of National Highway 1A, and at the same time, urged localities to disburse the allocated capital according to regulations, ensuring that no complaints arise. However, in reality, in localities, the preparation of compensation records still faces many difficulties.

According to information from Hoang Mai Town, this is a locality with many petitions in the process of resolving complaints related to the expansion and upgrading of National Highway 1A, especially within the 13.5m range of the PMU1 Project implemented from 1995-1996. Currently, this locality has also established 3 teams to review petitions from citizens in 3 wards: Quynh Thien, Mai Hung, Quynh Xuan. As of April 2, 2024, Hoang Mai Town has reviewed 973 households, of which 569 households with land used after December 21, 1982 have petitions; 544/569 documents have been issued in response to 544 households that are not eligible for resolution. The People's Committees of the wards are focusing on determining the origin and land use process for households that have been accepted for public disclosure.

Currently, through review, there are 404 households (408 plots of land) with land used before December 21, 1982, of which, Quynh Xuan has 138 households (140 plots), Mai Hung has 53 households (53 plots), Quynh Thien has 213 households (215 plots). As of April 2, 2024, Hoang Mai Town has issued 184/408 Resolution Decisions, of which, 140 are correct Complaint Decisions; 35 are incorrect Complaint Decisions; 9 are suspended due to withdrawal of the application.

It is worth mentioning that, while in Quynh Thien and Mai Hung wards, the map of the Land Clearance Project for the expansion and upgrading of National Highway 1A fully shows the affected area of ​​the households; in Quynh Xuan ward, out of 118 households with applications (126 plots), only 11 households have an extract of the affected area, the remaining 103 households and individuals have an area recovered within 13.5m but the map of the extraction does not show or measure the affected area.

Mr. Nguyen Dinh Hanh - Chairman of Quynh Xuan Ward People's Committee said: There is 3.7 km of National Highway 1A passing through the area, currently the ward is coordinating with the town's working group to review and respond to petitions from the people. However, because in the past, when upgrading and expanding National Highway 1A, only compensation was paid for assets on land, not for land, so the measurement and transcripts did not show the area.

In Quynh Luu district, the project to upgrade and expand National Highway 1A passing through the district is over 12.2 km long, passing through 6 communes and 1 town, with 1,718 households affected. Up to now, the district has developed a plan to compensate and clear the land and pay 409 households in 3 communes, with over 131 billion VND, the remaining 1,309 households in 3 communes and Cau Giat town have not been resolved, with over 119 billion VND.

In particular, in Cau Giat town (Quynh Luu), land records over the periods have deducted the land within the 13.5m range. However, according to local opinions, households using land originating before 1980 used it all the way to the foot of the road, and property compensation records related to the PMU1 Project in 1995-1996 showed that the property was within this range. Meanwhile, at that time, there was no compensation for land support.

Mr. Ho Huu Chau - Chairman of Cau Giat Town People's Committee said: At many meetings and meetings with voters, people also requested compensation for the area within 13.5m. Because households in neighboring communes such as Quynh Hong and Quynh Giang used the land at the same time, even many plots were used later but were still compensated. However, the problem is to determine the specific affected area. Because it was previously thought that there would be no compensation, the cadastral map over the periods basically deducted the land within the area of ​​13.5m.

Many problems need to be solved

In Dien Chau district, according to the review, there are 1,549 households and individuals whose land was used after December 21, 1982 that need compensation, with 84,514m², the estimated amount to be paid is 508.6 billion VND (of which, more than 50% is late payment). Although currently, Dien Chau district has established 2 review teams (Thanh Hoa City, Thanh Hoa Province - Dien Chau section and Dien Chau - Quan Hanh section).

According to Mr. Truong Van Duc - Head of the Department of Natural Resources and Environment, Dien Chau District People's Committee, there are currently many difficulties and problems that need to be resolved. Especially along National Highway 1A, the land of households has been transferred to many people, the determination of compensation for which subject also needs to be resolved decisively, otherwise it will easily lead to lawsuits. Previously, when granting Land Use Rights Certificates to households along National Highway 1A, there were only areas but no maps or plot shapes, so determining land allocation landmarks was difficult. Not to mention there were cases where the land was purchased at the same time but when applying for the certificate first, the traffic corridor was included, but when the certificate was granted later, the traffic corridor was excluded (no compensation), so lawsuits arose.

In addition, in Dien Chau district, the project to build Dien Ngoc bridge and the expansion of National Highway 1A through the town from 2004-2006 was not included in the 1,275 billion VND package paid this time. If compensation is not supported, the risk of people continuing to file complaints will occur.

In Vinh City, the project to upgrade and expand National Highway 1A mainly affects Nghi Lien Commune. The City People's Committee has assigned the Land Fund Development Center to develop a compensation plan and calculate the amount of late payment. Currently, files have been prepared for 25 households, with a total amount of more than 16 billion VND. These are households whose assets on the land have been compensated and have a current site plan with an inventory record from 1994. However, up to this point, the plan proposed by the City People's Committee has not been approved.

Regarding the problems within the 13.5m radius in Hoang Mai Town, Mr. Pham Van Hao - Vice Chairman of Hoang Mai Town People's Committee said: The biggest problem in the town is in Quynh Xuan Ward. This is a legacy from the previous period. To stabilize the situation, avoid mass complaints, causing prolonged frustration affecting the security and order situation in the locality, as well as to meet the progress of handling petitions, develop compensation plans, and delayed payment plans for households with complaints that are in accordance with the direction. Therefore, the town also requested the Provincial People's Committee, Department of Natural Resources and Environment, and Provincial Inspectorate to have a plan to handle problems related to measurement deductions in Quynh Xuan Ward.

Mr. Tang Van Luyen - Chairman of Dien Chau District People's Committee said that in order to make correct and sufficient payments and ensure no prolonged complaints, the Provincial People's Committee should establish a team or working group to guide the districts in handling, especially prolonged complaints, and at the same time serve as a basis for resolving compensation cases for land acquisition and clearance later.

Regarding the payment of compensation for land clearance of National Highway 1A, recently, on April 3, 2024, the Provincial People's Committee issued Document No. 2558/UBND-TD on urging and reporting on the progress of compensation for land clearance of National Highway 1A. Accordingly, in order to disburse the funds allocated by the Central Government to pay compensation for land clearance of National Highway 1A, ensuring progress and compliance with legal regulations. For cases that meet the conditions but have not been approved, localities need to report specifically, clarify the difficulties and responsibilities of organizations and individuals, commit to the latest approval deadline for the plan... However, with the above-mentioned difficulties, the disbursement of the allocated amount of 1,275 billion VND is indeed not a simple matter.