Many issues need to be clarified when canceling the Cau Thong Market Project
The Provincial People's Committee issued Document No. 64/QD-UBND dated January 10, 2024, on the abolition of legal documents regarding the Cau Thong Market Construction Investment Project. However, behind this incident, there are still many issues that need to be clarified.
Received compensation but still refused to move
After the Provincial People's Committee issued Document No. 64, on March 15, 2024, Nghe An Newspaper published an article "Finding the reasons why the Provincial People's Committee canceled the Cau Thong Market Construction Investment Project", reflecting the reasons leading to the Provincial People's Committee canceling decisions related to the Cau Thong Market Construction Project, from 2010 to 2014.
Looking deeper into this issue, we learned that before 1992, Cau Thong market area was under the management of Anh Hong Cooperative, headed by Mr. Trinh Xuan Phung, with 2 plots of land, with a total area of more than 2,300m2.2. In 1992, the Anh Hong Cooperative was dissolved and handed over the land to the Trung Do Ward People's Committee for management. The factory on the land was sold by Anh Hong Cooperative to Mr. Trinh Xuan Phung and then Mr. Phung rented this land to build a production and business kiosk and formed the Thanh Vinh complex. During this process, Mr. Phung's family allowed his son-in-law, Mr. Phan Trong Nguyen, to live and do business on the land.
The Cau Thong Market Construction Project was approved by the Provincial People's Committee in 2005. The Vinh City People's Committee then assigned the Trung Do Ward People's Committee as the investor. However, due to lack of funding, since 2007, the Vinh City People's Committee has agreed to let Trang Anh Construction and Production Trading Joint Stock Company (abbreviated as Trang Anh Company) be the investor instead of the Trung Do Ward People's Committee.
According to the Decision Approving the compensation and support plan for land acquisition established by Vinh City People's Committee in 2005 when implementing the Cau Thong Market Construction Investment Project, the total cost of compensation and support for land acquisition of Mr. Trinh Xuan Phung's property is 302.6 million VND.
After the Cau Thong Market Construction Investment Project was transferred to Trang Anh Company, on July 3, 2008, Ms. Nguyen Thi Xuan (Mr. Phung's wife) submitted a petition and a request to receive compensation. Because during the entire compensation procedure, Mr. Trinh Xuan Phung was the one in charge, but at that time, Mr. Phung had just passed away, so Ms. Xuan stood up to receive it on her behalf. On the same day, Trung Do Ward People's Committee had a record of handing over the site and receiving compensation between Trung Do Ward People's Committee and Ms. Nguyen Thi Xuan's household with the amount of 302.6 million VND on an area of about 2,300m2.2Of which, 1,800m2 of land has been completely cleared.2, about 500m left2(including a level 4 house and a karaoke business house), the family is responsible for clearing and handing over the site to Trang Anh Company within 15 days from the date of receiving the full amount of money mentioned above. That is, by July 18, 2008, the entire site must be handed over.
Up to this point, nearly 16 years have passed since receiving more than 300 million VND in compensation and support for land acquisition, but Ms. Xuan's family still refuses to hand over the entire land. Meanwhile, Mr. Phan Trong Nguyen and Ms. Trinh Thi Thu Tam (daughter of Mr. Phung and Ms. Xuan), from illegally occupying land, have turned to request the local government to issue land use right certificates.
Bad precedent?
Back to the story of the Provincial People's Committee issuing Decision 64, abolishing decisions related to the Cau Thong Market Construction Investment Project. In this decision, the Provincial People's Committee also assigned relevant departments, branches and localities to inspect and review procedures to carry out the next steps when canceling the above documents in accordance with current legal regulations; coordinate with investors to assess costs, financial obligations, land for handling, and advise on solutions to handle issues related to the project in accordance with regulations.
On February 7, 2024, Vinh City People's Committee issued Document No. 767/UBND-QLDT on handling issues related to the legal cancellation of the Cau Thong Market Construction Investment Project. The City People's Committee requested Trang Anh Company to review and summarize costs, financial obligations, land; and propose a handling plan.
The City People's Committee also assigned relevant departments and offices to coordinate with the investor to review and evaluate the costs, financial obligations, and land that have been implemented; review the relevant legal procedures that have been advised to the Vinh City People's Committee for the Cau Thong Market Construction Investment Project. At the same time, the Department of Natural Resources and Environment was assigned to preside over and coordinate, instruct the Trung Do Ward People's Committee to consider advising the City People's Committee to handle the contents related to the land plot of Mr. Phan Trong Nguyen currently using in Block 8, Trung Do Ward within the scope of the Cau Thong Market Construction Investment Project according to regulations.
Immediately after that, the City People's Committee also assigned the Trung Do Ward People's Committee to review and confirm the exact origin of land use for the land plot that Mr. Phan Trong Nguyen is using and to check the related planning. In case the land plot is eligible for a land use right certificate, the land user will be instructed to prepare a land plot measurement file (if any) and follow the procedures to prepare a file to grant a land use right certificate according to regulations.
On April 25, 2024, Trung Do Ward People's Committee issued Decision No. 281/QD-XPHC on administrative sanctions against Mr. Phan Trong Nguyen, for committing the act of: Occupying unused land managed by Trung Do Ward People's Committee with an area of 187.8 m2to build houses and auxiliary works on plot number 10, map sheet number 2, block 8, Trung Do ward. The time of violation was determined to be 1997.
According to the report confirming the origin and land use process of Mr. Phan Trong Nguyen's family established by the People's Committee of Trung Do Ward on May 21, 2024, the land plot used by Mr. Phan Trong Nguyen's family originated from occupying land managed by the People's Committee of the Ward to build a house, used since 1997 and without any documents.
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However, according to the Decision to resolve the complaint against Mr. Phan Trong Nguyen's family, which was answered by Vinh City People's Committee in 2018, the land where Mr. Nguyen's family is currently living was illegally occupied after 2000. As for the land where Mr. Phung lived and did business, after 2000, due to the policy of building a statue of Uncle Ho, the State reclaimed the old kiosk area.
Mr. Nguyen Tat Thao - Vice Chairman of Trung Do Ward People's Committee is the one who understands this matter better than anyone. Because when Ms. Xuan's family received compensation in 2008, Mr. Thao was also the Vice Chairman of the Ward People's Committee, standing up to sign the confirmation. However, the fact that for a long time the land that Mr. Phan Trong Nguyen's family illegally occupied was not resolved was due to a lack of determination.
Currently, according to Mr. Thao, the People's Committee of Trung Do Ward has reported on the origin, measurement, and excerpt of the land plot where Mr. Phan Trong Nguyen's family is living and is waiting for the People's Committee of Vinh City to consider issuing a land use right certificate.
Mr. Nguyen Vo Bieu - Director of Trang Anh Company said that after receiving the project, Trang Anh Company also built Cau Thong market in area A, where there is more than 1,800 m2has been assigned to the people for trading. Mr. Phan Trong Nguyen's illegal occupation of the land that the company had compensated has caused significant damage to the unit.
It is known that Trang Anh Company has filed a lawsuit against the family of Ms. Nguyen Thi Xuan and Mr. Phan Trong Nguyen.
Obviously, the fact that Trang Anh Company is allowed to receive and inherit the Cau Thong Market Construction Investment Project is consistent with the actual conditions. Because not only Cau Thong Market, in the city, many localities have also had to call for socialization in investing in market construction. But it is worth mentioning that just because of one case of illegal land occupation, it affected an entire investment project, showing the lack of determination and responsibility from the local government. This can easily lead to a bad precedent in site clearance work in the city in the future.
