Nghe An province will enforce regulations to allow construction of a 4.5 trillion VND irrigation project.

(Baonghean.vn) – The Chairman of the People's Committee of Quy Hop district affirmed that this is the final dialogue, and in order for the project to be implemented, even if the households do not hand over the land, the district will have to carry out coercive measures according to the law so that the particularly important Ban Mong Reservoir project can be implemented.

Following the directives of the Standing Committee of the Provincial Party Committee and the Provincial People's Committee, on August 2, 2017, the Quy Hop District People's Committee continued to hold the final dialogue with households still facing difficulties regarding land clearance for the Ban Mong Reservoir project.

The dialogue session was chaired by Mr. Nguyen Dinh Tung – Chairman of the District People's Committee; with the participation of representatives from the Department of Agriculture and Rural Development, Committee 4 of the Ministry of Agriculture and Rural Development, the Ban Mong Reservoir Project Management Board; members of the District Party Committee Standing Committee, leaders of the District People's Council, departments and organizations, and the District Land Clearance Council; and four families with outstanding issues, including Mr. Dinh Viet Minh's household, Mr. Tran Van Binh's household, Ms. Nguyen Thi Hoa's household, and Ms. Le Thi Minh's household (all residing in Yen Hop commune).

The People's Committee of Quy Hop district has determined that households still facing difficulties have planted trees on land that the state had reclaimed from Dong Hop Forestry Farm. (Photo: Nhat Lan)

The Ban Mong Reservoir Project is being implemented in the two districts of Quy Hop and Quy Chau with a total budget of 4,500 billion VND. In recent times, Quy Hop district has focused on land compensation and clearance for the project's construction; however, two obstacles are currently arising.

Firstly, 10.2 hectares of land belonging to the Dong Hop Forestry Enterprise were compensated for land clearance and handed over to the Project Management Board in 2010. Due to funding issues, the project has not yet been implemented, and seven households have planted trees on this area. Currently, there are still trees on the land, leaving no space for project construction.

Secondly, there are three households whose land is within the project area. The District People's Committee has prepared a compensation and land clearance plan, approved it, and issued a land acquisition decision, but these households disagree. The reason is that the households requested that the land be classified as agricultural land for compensation and support purposes, but the District Compensation and Land Clearance Council determined it to be forest land.

One of the local residents claims that the Quy Hop District Land Compensation and Resettlement Council's classification of the land as forest land is inaccurate, leading to unfair compensation claims. A site visit to the area shows that it was previously planted with acacia trees, but is now planted with orange trees. (Photo by Nhat Lan)

To resolve these two issues, the District Compensation and Resettlement Council, the District People's Committee, relevant district and commune-level departments, and the Department of Natural Resources and Environment have repeatedly organized dialogues and persuasion efforts, but the households have not yet agreed to accept compensation and support payments and have not handed over the land for project construction; and recently, three households have filed complaints.

According to the chairman of the dialogue, Mr. Nguyen Dinh Tung - Chairman of the Quy Hop District People's Committee, after receiving the complaint, the district established a team to resolve the complaint; currently, the first-level complaint resolution is being handled according to the law. However, in order for the project to be implemented and serve the common interests of all people, in accordance with the directives of the Standing Committee of the Provincial Party Committee and the Provincial People's Committee, the Quy Hop District People's Committee continues to organize dialogues with the households to find consensus on land handover.

The dialogue session on August 2, 2017, was organized by the People's Committee of Quy Hop District, in Yen Hop commune. Photo by Nhat Lan.

However, as in previous dialogues, the households involved did not agree with the compensation and support plans drawn up by the Land Clearance Council.

Regarding the households of Ms. Nguyen Thi Hoa and Ms. Le Thi Minh (whose issue concerns the first point), they argue that the land area that the Compensation and Resettlement Council determined to have been compensated and reclaimed from Dong Hop Forestry Farm and handed over to the Project Management Board was land that their families had reclaimed since 1988; this is agricultural land with stable production and no disputes with any agency, organization, or individual.

According to Ms. Minh, the fact that Dong Hop Forestry Farm was granted land use rights by the state and received compensation for land clearance is incorrect. Therefore, she disagrees with the district's decision to impose administrative penalties for planting trees on state-owned land that has already been reclaimed; and she will not hand over the land until the issue is resolved.

Regarding Mr. Dinh Viet Minh's household (facing issues on both sides), it is requested that the origin and purpose of the land be correctly determined according to the law to ensure compensation is provided in accordance with the law on agricultural land; as they have been using the land stably since 1988. Simultaneously, it is requested that an investigation be conducted to clarify whether the land use right certificate of Dong Hop Forestry Farm was issued in accordance with the law, and what documents served as the basis for issuing the land use right certificate to Dong Hop Forestry Farm, and that this information be provided to the people. Until the above requests are resolved in accordance with the law, no coercive measures should be taken; only after these issues are resolved in accordance with the law should the land be handed over.

Mr. Dinh Viet Minh gave his opinion at the dialogue session. Photo by Nhat Lan.

Regarding Mr. Tran Van Binh's household (concerned about the second issue), he argues that the determination of his family's land area is incorrect; his land compensation file lacks complete signatures; and the district's land clearance process is not in accordance with regulations. Similar to Mr. Dinh Viet Minh's family, Mr. Binh requests a re-determination of the land's origin and intended use to ensure compensation is in accordance with agricultural land laws; he also requests clarification on issues related to the land use rights of Dong Hop Forestry Farm. Until these requests are resolved, the district is not permitted to carry out forced land clearance.

Regarding the first issue, Quy Hop district determined that in 2009, the Provincial People's Committee issued Decision No. 111 to reclaim land from Dong Hop Forestry Farm to serve the Ban Mong Reservoir project. The district had prepared a compensation and land clearance plan for the Forestry Farm on this area. After preparing the compensation and land clearance plan, Dong Hop Forestry Farm handed over the land to the project. Subsequently, these households planted acacia trees on that land.

On December 12, 2016, the Project Management Board issued a notice requesting households to remove trees themselves to return the land to the Management Board and report to the District People's Committee and the Commune People's Committee. Subsequently, the District Land Compensation and Resettlement Council, the Yen Hop Commune People's Committee, the Fatherland Front Committee, and other relevant agencies propagated and encouraged the removal of planted trees and handover of the land to the Project Management Board, but the households have not yet agreed.

The District People's Committee has mobilized the Project Management Board to provide financial support for seedlings and planting costs at a rate of 25 million VND/hectare. Of the 7 households, 4 have agreed to hand over the land (3 have already received the financial support), but the remaining 3 households have not agreed, have not accepted the money, and have not handed over the land.

On May 11, 2017, the Department of Natural Resources and Environment of Quy Hop District issued a record of administrative violations. On May 17, 2017, the Chairman of the District People's Committee issued a decision to impose administrative penalties. The decision required the three households to restore the land to its original condition before the violation; and to return the encroached land so that the Project Management Board could proceed with the project.

Regarding the second issue, Quy Hop district determined that the District Compensation and Resettlement Council had developed a plan based on the actual land use of the two households of Mr. Dinh Viet Minh and Mr. Tran Van Binh, which is forest land; and the District People's Committee had issued a decision approving the compensation and resettlement plan; the District People's Committee had issued a decision to reclaim the land.

Regarding this matter, following the direction of the Provincial People's Committee, the Department of Natural Resources and Environment has recently reviewed all relevant documents and records related to land acquisition and compensation for site clearance. In Official Letter No. 3731/STNMT-QLĐĐ dated July 14, 2017, it was determined that the land currently used by the two households is forest land.

Chairman of the Quy Hop District People's Committee, Nguyen Dinh Tung, conducts a dialogue with local households. Photo by Nhat Lan.

Although the two main issues at the Ban Mong Reservoir project have been clearly identified, the Quy Hop District People's Committee fully acknowledged the requests of the households during the dialogue session. According to Mr. Nguyen Dinh Tung, the District People's Committee will direct the resolution of issues within its jurisdiction; issues outside its jurisdiction will be submitted to the competent authority for resolution in accordance with the law; and the Complaint Resolution Team will continue to investigate and clarify the contents of the households' complaints.

At the same time, the Chairman of the People's Committee of Quy Hop district also affirmed that this was the final dialogue, and in order for the project to be implemented, even if the households do not hand over the land, the district will have to carry out coercive measures according to the law so that the particularly important Ban Mong Reservoir project can be implemented.

Nhat Lan