Resolving complaints of children of Mr. and Mrs. Nguyen Cong Quynh and Tran Thi Tram
(Baonghean) - The children of Mr. Quynh and Mrs. Tram (Mr. Quynh and Mrs. Tram are both deceased) filed a complaint against Decision No. 4905/QD-UBND dated October 30, 2013 of the Vinh City People's Committee on re-approving the detailed plan for compensation, support and resettlement to implement the project of a mixed-use complex of Trade Center, Services, Offices, Housing and Luxury Apartments in Quang Trung Ward, Vinh City, with the following contents:
- Complaint for compensation area of 48.8m2 is not the actual area of Mr. Quynh - Mrs. Tram's family; compensation request for area of 112.33m2in reality
- Complaints about low land compensation price; request compensation according to market price.
- Complaint and request for resettlement due to the revocation of the entire land plot of Mr. Quynh - Ms. Tram.
- In addition, at the working session with the Inter-sectoral Working Group, Mr. Nguyen Cong Phong reflected on the process and procedures for land recovery by Vinh City People's Committee that were not in accordance with regulations such as: sending a land recovery notice to his family after the land recovery decision was made; the family was not invited to participate in the inventory of the current status and assets on the land...
On January 20, 2015, the Provincial People's Committee issued Official Dispatch No. 229/QD-UBND.KT deciding on the settlement of complaints of the children of Mr. Nguyen Cong Quynh and Ms. Tran Thi Tram with the following content.
Base:
- Result of the first complaint settlement by the Chairman of Vinh City People's Committee
- Results of checking and verifying the complaint content:
- Results of the dialogue
Conclude:
1. The complaint of Mr. Quynh and Ms. Tram's children that the compensation area of 48.8 square meters is not the actual area of Mr. Quynh and Ms. Tram's family; the request for compensation of 12.33 square meters according to reality has no basis for settlement.
2. The complaint that the land compensation price is too low is a false complaint; the request for compensation at market price has no basis for settlement.
3. The complaint of Mr. Quynh and Ms. Tram's children, requesting to resettle Ms. Nguyen Thi Thu with a plot of land on the spot because Ms. Thu does not have land in Quang Trung ward, has no basis for resolution.
4. Regarding the content reflecting the process and procedures for land recovery of Vinh City People's Committee, there is no regulation: sending land recovery notice to the children of Mr. Quynh - Ms. Tram after the decision to recover the land; the family is not invited to participate in the inventory of the current status of assets on the land... This is new content, assigned to the Chairman of Vinh City People's Committee to review and respond to citizens.
5. Decision No. 6255/QD-UBND dated August 19, 2014 of the Chairman of Vinh City People's Committee on the initial settlement of the complaints of Mr. Nguyen Cong Quynh's children and Ms. Tran Thi Tram ensures compliance with legal regulations.
From the above grounds,
Decision:
Article 1.Uphold Decision No. 6255/QD-UBND dated August 19, 2014 of the Chairman of Vinh City People's Committee on resolving the complaint (first time) of the children of Mr. Nguyen Cong Quynh and Ms. Tran Thi Tram.
Article 2.Resolve the complaint of the children of Mr. Nguyen Cong Quynh and Ms. Tran Thi Tram as follows:
- The complaint of Mr. Quynh and Ms. Tram's children that the compensation area of 48.8 square meters is not the actual area of Mr. Quynh and Ms. Tram's family is a false complaint; the request for compensation of 112.33 square meters according to reality has no basis for settlement.
- The complaint that the land compensation price is too low is a false complaint; the request for compensation according to market price has no basis for settlement.
- The content of the complaint, request to resolve resettlement for Ms. Nguyen Thi Thu with 01 plot of land on the spot because Ms. Thu does not have land in Quang Trung ward is not a basis for resolution.
Article 3.This Decision takes effect 30 days after the date of issuance.
If they do not agree with the decision to resolve this complaint, the children of Mr. Nguyen Cong Quynh and Ms. Tran Thi Tram have the right to file an administrative lawsuit at the People's Court according to the provisions of law.
Article 4.Chief of Office of Provincial People's Committee, Directors of Departments, Branches and Sectors: Natural Resources and Environment, Finance; Chairman of Vinh City People's Committee, Chairman of Quang Trung Ward People's Committee; children of Mr. Nguyen Cong Quynh, Ms. Tran Thi Tram and related organizations and individuals shall implement the Decision.
Provincial People's Committee