People in Nghi Yen landfill resettlement area are about to be granted red books.
After nearly 20 years of waiting, 38 households and individuals affected by the Project to build a Solid Waste Treatment Complex in Nghi Yen Commune (called Nghi Yen Landfill) are about to be granted red books.
Nearly 20 years waiting for red book
The Nghi Yen landfill construction project was approved by the Provincial People's Committee in 2002. To implement this project, during the compensation, support and resettlement process (2005 - 2011), 39 households and individuals in Hamlet 4, Nghi Yen Commune (now Hamlet 2) were resettled. Of which, 36 households were subject to relocation; 2 households were subject to separation and 1 household requested to be resettled on the spot.
By 2006, the local government had allocated residential land to the displaced people, on the resettlement land of the project, located near the North-South railway overpass, also in Nghi Yen commune. Households have built houses and have been using them stably since then.
However, even though they lived on resettlement land, at that time, the compensation for site clearance was low (the compensation and resettlement land price of this area in 2006 was 35,000 VND/m2).2), if households pay land use fees in resettlement areas, they will not have enough money to build houses. Therefore, households have requested the authorities to allow them to write off land use fees. Because of this, for nearly 20 years, households here have not been granted Land Use Rights Certificates (red books).
In particular, from 2018 to now, 38 households in this resettlement area have repeatedly requested the local government to issue red books.
However, due to problems with paperwork and procedures and determining land use fees based on 2006 land prices plus late payment fees, or calculating according to the current land price list, the issuance of red books to people has not been resolved.
To resolve the above difficulties and problems, on May 12, 2023, Nghi Loc District People's Committee established an Inspection Team to inspect and review the records and procedures for resettlement land allocation for 38 households and individuals when implementing the Nghi Yen Landfill Project. On May 15, 2024, Nghi Loc District People's Committee issued Decision No. 131/KL-UBND concluding the results of the inspection and review.
On that basis, Nghi Loc District People's Committee proposed that households and individuals pay land use fees according to the land prices regulated by the Provincial People's Committee at the time of resettlement in 2006 and pay late payment fees for land use fees from 2006 to present. However, this is not under the decision-making authority of Nghi Loc District People's Committee.
Therefore, on May 28, 2024, Nghi Loc District People's Committee issued Official Dispatch No. 1376/UBND-TNMT asking for opinions from the Provincial People's Committee on handling land use fees of 38 households and individuals.
After receiving opinions from the Department of Finance and related departments and branches, on July 2, 2024, the Provincial People's Committee issued Official Dispatch No. 5510/UBND-NN requesting the Provincial Inspectorate to establish an interdisciplinary working group to inspect and review compensation procedures, support for site clearance and resettlement for 38/39 households and individuals to advise and report to the Provincial People's Committee on how to handle the case according to regulations (except for 1 case of on-site resettlement and received a notice of payment since 2011 of 48 million VND).
Find a solution
In fact, not only Nghi Loc District People's Committee has proposed that households and individuals pay land use fees according to the land price regulated by the Provincial People's Committee at the time of resettlement in 2006 and late payment fees. The Department of Justice and the Nghe An Tax Department also had similar opinions.
The Department of Finance proposed two options: the first is to follow current regulations, that is, to follow the correct policies and land prices at the time of the land allocation decision (before that, there was no land allocation decision, land allocation record and payment notice). The second is to follow the proposal of Nghi Loc District People's Committee, on the condition that Nghi Loc District People's Committee must confirm and take full responsibility before the law.
As for the Department of Natural Resources and Environment, it is said that in order to ensure a stable life for households and individuals in the resettlement area, and at the same time ensure the implementation of financial obligations regarding land in accordance with the provisions of law, it is proposed that the Provincial People's Committee assign the Provincial Inspectorate to preside over and establish an interdisciplinary working group to inspect and review the compensation, support and resettlement procedures of the project. If the legality is ensured, then implement option 2 proposed by the Department of Finance.
From these initial opinions, after conducting the review, on November 12, 2024, the Provincial Inspectorate issued Report No. 781/TTR.VP reporting the results of the inspection and review of the above households and individuals.
Accordingly, there are many reasons why families and individuals have not paid land use fees and have not been granted red books. The main reason is the fault of state agencies in not fully implementing the procedures, such as: Issuing decisions on land recovery (at the place of departure), and decisions on land allocation for resettlement, minutes of land handover on the field (at the place of arrival), and storing records and documents related to land allocation, notices of land use fee payment for households and individuals.
The working group determined that the main responsibility belongs to the Compensation Council for Land Clearance of Nghi Yen Landfill Project; Nghi Yen Landfill Construction Project Management Board; Nghi Loc District People's Committee, Nghi Yen Commune People's Committee, organizations and individuals related to land recovery, land handover and archiving of records and documents.
To resolve the legitimate rights of the people, and not cause loss of money and assets of the State, the Working Group of the Provincial Inspectorate has proposed that the Provincial People's Committee unify the policy to allow households to pay land use fees according to the residential land price regulated by the Provincial People's Committee at the time of land allocation in the field and pay late payment fees to issue red books.
The working group also requested the Provincial People's Committee to assign the Nghi Loc District People's Committee to preside over and coordinate with relevant departments and branches to prepare documents and procedures to grant red books to 38 households and individuals to live in the above-mentioned concentrated resettlement area and take full responsibility for the resettlement subjects and the origin and time of land use according to the provisions of law.
Recently, on November 18, 2024, the Provincial People's Committee issued Decision 10248/UBND-NN agreeing with the inspection and review results report and the recommendations of the Provincial Inspectorate. At the same time, the Department of Finance, the Department of Natural Resources and Environment, and the Provincial Tax Department were assigned to guide the Nghi Loc District People's Committee to implement the contents according to regulations...
