Resolve the complaint of Ms. Dang Thi Huong, Nghia Dan Town

• November 27, 2014 08:33

(Baonghean) - Ms. Dang Thi Huong, residing in Tan Hoa block, Nghia Dan town, Nghia Dan district, complained about Decision No. 2037/QD-UBND dated September 22, 2009 of Nghia Dan district People's Committee on approving the compensation plan and supporting site clearance to build the new district administrative center of Nghia Dan district (phase 2) but did not apply Decree No. 69/2009/ND-CP dated August 13, 2009 of the Government to compensate and support Ms. Dang Thi Huong.

Ms. Dang Thi Huong requested the People's Committee of Nghia Dan district to compensate and support according to the policy prescribed in Decree No. 69/2009/ND-CP dated August 13, 2009 of the Government for Ms. Dang Thi Huong, and compensate for the land area of 41m2 that is still missing.

On November 13, 2014, the Provincial People's Committee issued Official Dispatch No. 6315/QD-UBND.KT deciding to resolve Ms. Dang Thi Huong's complaint with the following content:

Base:

RESULTS OF THE RESOLUTION OF THE CHAIRMAN OF THE PEOPLE'S COMMITTEE OF NGHIA DAN DISTRICT

- On September 22, 2009, the People's Committee of Nghia Dan district issued Decision No. 2037/QD.UBND approving the Compensation and Support Plan for the construction of the new district center of Nghia Dan district, in which the area eligible for land compensation for Ms. Dang Thi Huong's household was determined to be 1,767m2 (out of the total recovered area of 1,959m2) with a total amount of 83,305,000 VND.

- After reviewing the land area that Ms. Dang Thi Huong's household is using, the Compensation and Site Clearance Council determined that the area eligible for additional compensation and support is 192 square meters (the total recovered area is 1,959 square meters, the land compensation is 1,767 square meters in Decision No. 2037/QD. UBND mentioned above).

- On September 25, 2009, the People's Committee of Nghia Dan district issued Decision No. 2123/QD-UBND on adjusting the compensation and support plan for site clearance for the Nghia Dan District Medical Center Construction Project, in which it approved additional compensation and support for Ms. Dang Thi Huong's household with an amount of 7,872,000 VND.

Thus, the total amount that Ms. Dang Thi Huong's household received in the above 2 decisions is 91,177,000 VND.

Check the application of legal documents to recover land, approve compensation and support plans:

Nghia Dan District People's Committee recovered land in Decision No. 2038/QD.UBND dated September 22, 2009; approved the compensation and support plan in Decision No. 2037/QD-UBND dated September 22, 2009; approved the adjustment of the compensation and support plan in Decision No. 2123/QD-UBND dated September 25, 2009 before Decree No. 69/2009/ND-CP issued on August 13, 2009 by the Government took effect (Decree 69/2009/ND-CP took effect from October 1, 2009).

According to the provisions of Clause 4, Article 39, Decree No. 69/2009/ND-CP dated August 13, 2009 of the Government providing additional regulations on land use planning, land prices, land recovery, compensation, support and resettlement, projects and items that have approved compensation, support and resettlement plans or are paying compensation, support and resettlement according to plans approved before this Decree takes effect shall be implemented according to the approved plans, not applying or adjusting according to the provisions of this Decree.

CONCLUDE

1. The content of Ms. Dang Thi Huong's complaint about Decision No. 2037/QD-UBND dated September 22, 2009 of the People's Committee of Nghia Dan district on approving the compensation plan and supporting site clearance to build the new administrative center of Nghia Dan district (phase 2) but not applying Decree No. 69/2009/ND-CP dated August 13, 2009 of the Government to compensate and support Ms. Huong's family is a wrong complaint, because:

Nghia Dan District People's Committee recovered land in Decision No. 2038/QD-UBND dated September 22, 2009, approved the compensation and support plan in Decision No. 2037/QD-UBND dated September 22, 2009 and approved the adjustment plan in Decision No. 2123/QD-UBND dated September 25, 2009 when Decree No. 69/2009/ND-CP dated August 13, 2009 of the Government had not yet taken legal effect (This Decree took effect from October 1, 2009). Therefore, the fact that Nghia Dan District People's Committee did not apply the regulations on compensation and support in Decree No. 69/2009/ND-CP dated August 13, 2009 of the Government to prepare and approve the compensation and support plan for Ms. Dang Thi Huong's household is in accordance with the regulations.

2. The content of Ms. Dang Thi Huong's reflection that the People's Committee of Nghia Dan district compensated her family for 41 square meters is unfounded, because: Ms. Dang Thi Huong does not have any legal documents or records to prove that the missing compensation area is 41 square meters; According to the cadastral map (measured extract) approved by the People's Committee of Nghia Dan district on August 21, 2009, the total actual area of 4 plots of land of Ms. Huong's family is 1,959 square meters, not missing 41 square meters as Ms. Dang Thi Huong's reflection.

3. Decision No. 921/QD-UBND dated June 25, 2014 of the Chairman of the People's Committee of Nghia Dan district resolved (for the first time) the complaint of Ms. Dang Thi Huong in accordance with the provisions of law.

From the above grounds,

DECISION:

Article 1. Uphold Decision No. 921/QD-UBND dated June 25, 2014 of the Chairman of the People's Committee of Nghia Dan district on the (first) settlement of the complaint of Ms. Dang Thi Huong, residing in Tan Hoa block, Nghia Dan town, Nghia Dan district, Nghe An province.

Article 2. Resolve the complaint of Ms. Dang Thi Huong as follows:

The content of Ms. Dang Thi Huong's complaint about Decision No. 2037/QD-UBND dated September 22, 2009 of the People's Committee of Nghia Dan district on approving the compensation plan and supporting site clearance for the construction of the new administrative center of Nghia Dan district (phase 2) but not applying Decree No. 69/2009/ND-CP dated August 13, 2009 of the Government to compensate and support Ms. Huong's family is a false complaint.

Article 3. This Decision comes into force after 30 days from the date of signing.

If she does not agree with the second settlement of the Provincial People's Committee Chairman, Ms. Dang Thi Huong has the right to file an administrative lawsuit at the People's Court according to the provisions of law.

Chief of Office of Provincial People's Committee, Chief Inspector of Province, Directors of Departments: Natural Resources and Environment, Finance; Chairman of Nghia Dan District People's Committee, Chairman of Nghia Dan Town People's Committee, Ms. Dang Thi Huong and related organizations and individuals shall base on this decision to implement.

Provincial People's Committee