Nghe An: People have to pay money to sign a land origin confirmation to receive compensation from hydropower?

2 signatures took 15 years

In a dilapidated shack in the middle of Khe Bo hydroelectric reservoir, Mr. Luong Dinh Tien (60 years old) said he could not remember how many times he had gone to complain and ask for compensation for his land being confiscated for the hydroelectric project. “I am so tired,” he said.

In the early 90s, Mr. Tien was the Chief of Dinh Tien village, Tam Dinh commune, Tuong Duong district. In 1998, the People's Committee of Tuong Duong district granted his family 13.3 hectares of land in the border area between Dinh Tien village of Tam Dinh commune and Tam Quang commune, with a term of 50 years. During that time, Mr. Tien moved to Tam Quang commune to live.

For nearly 15 years, Mr. Tien has been continuously filing complaints. Photo: Tien Hung

After implementing Directive 364, this area fell into the administrative boundary of Tam Dinh commune. Mr. Tien then submitted a petition to the District People's Committee to resolve the dispute. On April 11, 2000, Tuong Duong district concluded the dispute resolution. Accordingly, the district continued to assign Mr. Tien to use this 13.3 hectares of land for 50 years, starting from 1998. However, it is unclear whether it was intentional or not, the photocopy of the dispute resolution minutes that Tuong Duong district sent to Mr. Tien had the signatures of the parties involved in the resolution obscured.

However, he still regularly went to this area to farm and grow fruit trees. Until 2006. At that time, Khe Bo Hydropower Plant started construction, Mr. Tien had nearly 7 hectares of land confiscated. “After they confiscated it, we waited forever but still did not receive compensation. When I asked, the Khe Bo Hydropower Plant Compensation and Site Clearance Council said that my family had encroached on Tam Dinh Commune’s land. They said there had to be a record of land dispute settlement since 2000. When I showed them the record, they said that the record did not have anyone’s signature, so my family was only compensated more than 45 million VND for trees and crops,” Mr. Tien said.

Mr. Tien's 7 hectares of land were confiscated in 2006 and have been submerged under Khe Bo hydroelectric reservoir, but compensation was only given after nearly 15 years. Photo: Tien Hung

In 2013, after learning that the Prime Minister had just issued Decision 513 approving the project of “completing and modernizing administrative boundary records and maps and building a database on administrative boundaries”, with the aim of resolving land disputes related to administrative boundaries, Mr. Tien continued to file a petition. In March 2014, Mr. Tien received a document from the district informing him that the matter would be resolved in May 2014.

But after waiting for a long time, the family still did not see the district officials come down to resolve the matter, so Mr. Tien had to go back to the district to "ask for the truth". At this time, the Head of the Internal Affairs Department of Tuong Duong district gave him the minutes of the land dispute settlement in 2000 with full signatures and told him to go down to meet the officials of Tam Dinh commune to get the red book.

“After having the full signatures, I brought it to the leaders of Tam Dinh commune, but Mr. Vi Van Thang, who was then the Vice Chairman of the Commune People's Committee, did not allow the registration and said that this land was in dispute,” Mr. Tien said. Thinking that it was too unfair and unfair, Mr. Tien refused to give up. He went to the district headquarters many times to ask. Those times, Mr. Tien received the answer that his land was eligible for compensation, if the Chairman of the Tam Dinh Commune People's Committee signed to confirm the origin of the land use.

Since then, Mr. Tien's family has continuously gone to Tam Dinh commune headquarters to meet Mr. Vi Van Thang, who is now the Chairman of Tam Dinh Commune People's Committee, to ask for his signature, but Mr. Thang still refused. "After that, a member of the compensation council whispered to me that "if the land above the flooded level (more than 6 hectares remaining) must be returned, the compensation council will contact Mr. Thang to have him sign the confirmation", he said.

Mr. Tien's family then submitted a request to return more than 6 hectares of land to Tam Dinh commune. However, after receiving the land, Tam Dinh commune still refused to sign a confirmation of land use origin for Mr. Tien.

Forced to pay?

It was not until August 2019 that Mr. Tien complained to the Secretary of the Tuong Duong District Party Committee, Nguyen Van Hai, during a citizen reception by the head of the District Party Committee. After that, the Khe Bo Hydropower Compensation and Site Clearance Council came to Tam Dinh commune to resolve the issue. However, after many meetings, Tam Dinh commune still refused to sign the confirmation.

“The management board of Dinh Tien village, Tam Dinh commune absolutely refused to sign the confirmation if they did not receive 50% of the compensation and hand over all the land and assets on my land to the village for use. After the village chief said that, Mr. Vi Van Thang - Chairman of Tam Dinh Commune People's Committee told me that if I gave them the money, he would ask them to sign for me,” Mr. Tien said. After many times of "bargaining", Tam Dinh commune reduced the price to 40 million VND. After receiving the money, Mr. Vi Van Thang - Chairman of Tam Dinh Commune People's Committee and Head of Dinh Tien village management board agreed to sign the confirmation of land use origin for Mr. Tien so that he could receive the compensation.

Discussing the issue of forcing people to return land and then pay money before they would sign the confirmation of land use origin, Mr. Vi Van Thang - Chairman of Tam Dinh Commune People's Committee said that he did not ask Mr. Tien's family to pay 40 million VND. "I did not ask Mr. Tien's family to pay money and did not say how much money they had to pay before they signed. I only asked the family to support, how much support and what kind of support is up to them," Mr. Thang explained to Nghe An Newspaper reporter.

Regarding the question of why for many years he refused to sign the confirmation for Mr. Luong Dinh Tien so that this family could receive compensation despite having all the documents and conditions, Mr. Vi Van Thang pushed it down to his subordinates. "To get the confirmation, there must be 2 signatures, mine and the head of the village management board. But if the head of the village management board refuses to sign, then my signature is worthless," Mr. Thang said. Regarding the refusal to sign the confirmation even though he had received back more than 6 hectares of land on the flood plain, Mr. Thang said it was because there was no decision to reclaim the land. Meanwhile, Mr. Tien submitted an application to return the land to the Tam Dinh Commune People's Committee for management since the beginning of 2016. Tam Dinh Commune then assigned Dinh Tien Village to manage, protect and receive money for providing forest environmental services from then until now.

Mr. Vi Van Thang - Chairman of Tam Dinh Commune People's Committee. Photo: Tien Hung

After nearly 15 years of complaints, in early 2020, Mr. Luong Dinh Tien received compensation for nearly 7 hectares that had been recovered to build Khe Bo Hydropower Plant since 2006. However, the amount at this time was too little compared to the family's expectations. Also recovered at the same time, but households that received compensation nearly 15 years ago received 6,000 VND/m², but now, instead of the price being raised, the compensation price for Mr. Tien is only 3,000 VND/m².

“I do not agree with such pricing. The same type of land was allocated by the State at the same time, was recovered at the same time, the symbols of the recovered plots were also the same... but after nearly 15 years, the compensation was reduced by half,” said Mr. Tien. This man also did not agree with the way Tuong Duong district made compensation records for his family, when it required signatures confirming the origin of land use of Tam Dinh commune and Dinh Tien village. Because this land belongs to his family and was granted by the People's Committee of Tuong Duong district according to the provisions of law. Accordingly, the land of the household used stably before March 23, 2001 (the time of planning 3 types of forests), is supported and compensated for land according to regulations.