Each side should recognize its own responsibilities.
(Baonghean) - People believe that the compensation price was not clear and forced hastily; while the state agency believes that the people did not agree, so construction protection is necessary.
Nghe An Newspaper received a complaint from Ms. Dang Thi Nga in Hamlet 1, Nghi Kim Commune (Vinh City) about the Vinh City People's Committee reclaiming 50.3 square meters of land from her family to implement a project but applying a low and unclear compensation price. While the family had not yet received the compensation, on March 3, 2016, Nghi Kim Commune People's Committee mobilized forces and machinery to enforce the land.
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| BDang Thi Nga on the land plot assigned by the People's Committee of the commune without authority. |
| “The commune People’s Committee took advantage of the time when I was away to send forces and vehicles to enforce the law. When I asked where the decision to enforce the law was, the commune said it was only for construction protection. Doing so is against the law and affects people’s lives,” said Ms. Nga. |
The Western service road project under the Project to upgrade and expand National Highway 1A, Quan Hanh - Quan Banh section, started in March 2015 with a total cost of more than 30 billion VND, and is expected to be completed and put into use after 9 months. According to Decision No. 10885 dated October 2, 2015 of Vinh City People's Committee, the area recovered from Ms. Nga's family is 50.3 m2.
It is known that the land plot of Ms. Dang Thi Nga's family has plot number 1450, map sheet number 5, area 426 m2, is residential land. The origin of the land plot is determined to be that the People's Committee of Nghi Kim commune illegally assigned it to Ms. Nga and Mr. Lai's family after 2000 until before July 1, 2004. In 2008, Ms. Nga's family applied for a land use right certificate and was confirmed and approved by the People's Committee of the commune. However, up to now, the above land plot has not been granted a land use right certificate and Ms. Nga's family has not paid land use fees to the State.
On May 25, 2015, the Provincial People's Committee issued Decision 302/QD-UBND.DC on approving land prices for specific compensation for each plot in the recovery list. Accordingly, land plot 1450 of Ms. Nga is priced at 5.5 million VND/m2 for residential land; for agricultural land adjacent to residential land (garden land), the specific price is 687,500 VND/m2.
In the compensation determination record dated September 16, 2015 of Vinh City Land Fund Development Center, Ms. Nga's family was compensated and supported with a total amount of 30,018 million VND. Of which, the compensation for land was 4,276 million VND, and the compensation for assets on the land was 25,632 million VND.
Mr. Nguyen Tat Hoai Nam, Deputy Director of Vinh City Land Fund Development Center, said: The area of 50.3 m2 that Vinh City People's Committee recovered is determined to be the area exceeding the residential land allocation limit. Vinh City Land Fund Development Center applies Decree 45 dated May 15, 2014 of the Government to apply the land compensation value for the above area with purely agricultural land, at the price of 85,000 VND/m2.
Disagreeing with the above price, Ms. Nga refused to accept the compensation and refused to hand over the land. Although the People's Committee of Nghi Kim commune organized many working sessions, propaganda and mobilization, Ms. Nga resolutely did not agree. On January 11, 2016, the Vinh City Land Fund Development Center had a record of determining the second compensation value for Ms. Nga's family. According to this record, the land compensation price for Ms. Nga was raised to 687,500 VND/m2.
Explaining this issue, Mr. Nguyen Tat Hoai Nam - Deputy Director of Vinh City Land Fund Development Center said: Based on Decree 45, 50.3 m2 of Ms. Nga's land is compensated according to the purely agricultural land type according to the price list issued by the Provincial People's Committee, which is 85,000 VND/m2. However, after reviewing, it was found that the area is agricultural land adjacent to residential land, so the center submitted a compensation plan according to the price of agricultural land adjacent to residential land at the price of 687,500 VND/m2.
| Mr. Nam said: Initially, the compensation price for Ms. Nga was a bit confusing. But then Mr. Nam himself said that the price of 85,000 VND/m2 was not wrong because Ms. Nga's land was allocated without authority, and the family had not paid the land use fee. However, to ensure the family's rights, the plan had to be adjusted and supplemented. |
Because of the lack of clear explanation and suspicion of irregularities in the compensation process, up to this point, Ms. Nga has not agreed to receive the money and hand over the site. On February 29, 2016, Vinh City People's Committee issued a notice requesting Ms. Nga's family to dismantle and hand over the site. If by March 2, the family does not comply, Vinh City will assign Nghi Kim Commune People's Committee to coordinate with relevant departments and offices to develop a protection plan during the construction process.
On March 3, 2016, Nghi Kim Commune People's Committee and related units gathered forces and machinery to dig up soil, walls, gate pillars... According to Ms. Nga's family, on the morning of March 1, her family received notice from the Commune People's Committee, but on March 3, the commune organized enforcement without a decision on enforcement and without notifying the family.
Contrary to Ms. Nga's opinion, Mr. Nguyen Van Khiem - Chairman of Nghi Kim Commune People's Committee said that it was not a forced eviction but a construction protection. And at that time, Ms. Nga's family agreed to let the forces work. On March 7, when the units came down, Ms. Nga prevented them so they all withdrew.
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| Because Ms. Nga has not handed over the site, it affects the project progress. |
Thus, the coordination of Nghi Kim Commune People's Committee with relevant departments and offices to organize construction protection is necessary. Because this is an important project, most households have received compensation and handed over the site, so it is impossible for a few individuals to affect the project's progress. However, through reviewing the documents and related opinions, it can be seen that the construction protection process of Nghi Kim Commune People's Committee and related units is not appropriate. In the notice sent to the people, Nghi Kim Commune People's Committee did not specify the time to organize construction protection.
Furthermore, the time from when the family received the notice to when the security organization started construction was only 2 days. This is too short a time for the family to dismantle the construction and hand over the site. Therefore, it is understandable that people do not agree and have opinions. Through this incident, the People's Committee of Vinh City, the People's Committee of Nghi Kim Commune, and relevant departments and offices need to seriously learn from experience.
Regarding the compensation issue, the Vinh City People's Committee's implementation of compensation at the price of 687,500 VND/m2 is in accordance with regulations. Therefore, Ms. Dang Thi Nga needs to comply with the decision, receive compensation soon and hand over the site to the construction unit.
However, through the incident of Ms. Nga, it shows that in the work of BTGPMB, responsible units need to closely follow the provisions of the law as well as the superiors to ensure the rights of the people at the highest level, but still in accordance with current regulations. This both demonstrates responsibility and contributes to solving difficulties for people when their land is recovered to implement the project.
Pham Bang
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