Compensation plan in accordance with regulations, conversion purpose in accordance with planning

(Baonghean.vn) - According to Lawyer Nguyen Trong Hai (Head of Trong Hai & Associates Law Office), the plan to reclaim land and compensate with agricultural land for 49 households affected by the Korean Garment Export Factory project (Nghia My Industrial Park), Thai Hoa town is in accordance with the law, guidelines and policies of the state.

Attorney Nguyen Trong Hai

First, consider the reasonableness of land use conversion:

The conversion of land use purpose from agricultural land to non-agricultural land is in accordance with the provisions of law for socio-economic development, for public interest and national interest.

This purpose change was carried out in accordance with the procedure. Specifically, the People's Committee of Nghe An province issued a Decision approving the planning of the investment project to build infrastructure and technical works for the small industrial park in Nghia My commune, Thai Hoa town. Subsequently, the change of land use purpose was approved by the Prime Minister in Official Dispatch 183 dated January 27, 2010, allowing the conversion of agricultural land in Nghia My Industrial Park to non-agricultural land to carry out construction investment projects in Nghe An province.

Gioi Field - the location for land conversion for affected people.

Second, support and compensation for people with land in Nghia My Industrial Park is based on the following grounds:

- At point a, clause 2, article 62 of the Land Law clearly stipulates the purpose of the State's land acquisition as: "for economic and social development, for national and public interests".

- The State has created a legal framework for compensation when the State recovers land. Specifically: Pursuant to Clause 2, Article 74 of the 2013 Land Law on the principle of compensation for land when the State recovers land, it is clearly stated: "Compensation is carried out by allocating land with the same purpose of use as the type of land recovered. If there is no land for compensation, compensation will be made in cash according to the specific land price of the type of land recovered as decided by the Provincial People's Committee at the time of the decision to recover land". Clause 3, Article 74 also clearly stipulates: "Compensation when the State recovers land must ensure democracy, objectivity, fairness, publicity, timeliness and compliance with the provisions of law".

- Decree 47/2014/ND-CP on compensation, support and resettlement when the State acquires land of the Government dated May 15, 2014 has detailed and specific regulations on the issue of support and compensation when the State acquires land.

Transport and irrigation infrastructure in Gioi field has been and is being invested to ensure production for the people.

In fact, in Nghia My, there is still an area of ​​public land of the same grade in Gioi field, so it is appropriate for Thai Hoa town to implement the land recovery plan and compensate with agricultural land. Furthermore, families and individuals who have been allocated land for agricultural production purposes (since September 30, 1994) for a period of 20 years have now expired and in fact, this land area has been planned by the Provincial People's Committee and the Prime Minister to convert the purpose of use to non-agricultural land.

Therefore, if families and individuals in Nghia My commune do not comply with compensation in the form of agricultural land with the same purpose of use, the State must still recover the land to implement investment projects in the Industrial Park in accordance with the provisions of the current Land Law.

NPV