Lesson 3: Support policies are in accordance with regulations and suitable for reality!

(Baonghean) - As mentioned by Nghe An newspaper (daily issue published on May 14-15), the complaints of 8 households in Yen Hop commune (Quy Hop) have been resolved many times by authorities at all levels, and specific support policies have been proposed. Researching related records and documents, the settlement of complaints and the above support policies are in accordance with the law and appropriate to the actual situation...

Complaints settlement has been ensured in accordance with regulations

In response to the complaint of 8 households in Yen Hop commune about the recognition of land use rights and the demand for 100% compensation for the land value, Quy Hop district organized to re-verify the origin of the land. During the implementation process, it discovered and verified the records with extracted maps and documents of land use origin of the households established by Yen Hop commune People's Committee in 2009 but signed to confirm in 1993, which is against the regulations because it shows the inconsistency between the time of signing the confirmation and the title of the person signing the confirmation (Mr. Mac Van Huong at the time of 1993 was not yet Vice Chairman of Yen Hop commune People's Committee). Therefore, Quy Hop district People's Committee issued Decision No. 1605/QD-UBND dated September 6, 2011 on abolishing these confirmations.

The construction of the Ban Mong Reservoir canal was obstructed by 8 households.

Regarding the time of land reclamation and production on the land of 8 households, it was determined from around 1989 to 1993. However, it was after the time the Government Council assigned Song Hieu Forestry and Agriculture Company to manage and use the land, as shown in Decision No. 31/CP dated March 8, 1965. Dong Hop Forestry Farm is a member unit of Song Hieu Forestry and Agriculture Company, assigned to manage and use the land since 1989, and was granted a Certificate of Land Use Rights by the Provincial People's Committee in Decision No. 694/QD-UB.DC dated August 29, 2003.

Therefore, the land area reclaimed and produced by households is land property that the State has assigned to Dong Hop Forestry Farm for management... Based on legal provisions (Decree 197/2004/ND-CP of the Government on compensation and resettlement support when the State recovers land, Decree 69/2009/ND-CP of the Government providing additional regulations on land use planning, land prices, land recovery, compensation and resettlement; Decision No. 04/QD-UBND dated January 19, 2010 of the Provincial People's Committee on support and resettlement when the State recovers land in the province), 8 households currently producing on Dong Hop Forestry Farm land are not eligible for land compensation.

Along with verifying the origin of the land, the Quy Hop District Inspectorate also worked with the Party Committee and the Yen Hop Commune Government and organized a dialogue with the households. On December 19, 2012, the Quy Hop District People's Committee issued 8 decisions to resolve the complaints (first time) to 8 households. The content affirmed that the complaint about the State reclaiming agricultural land to implement the Ban Mong Reservoir Project but not compensating for the land of 8 households was a false complaint.

Disagreeing with the decision to resolve the complaint of the People's Committee of Quy Hop district, 8 households of Yen Hop commune continued to file a complaint. The Provincial People's Committee directed the Department of Natural Resources and Environment to establish a working group to inspect and verify in Decision No. 41/QD-STNMT. The working group carefully reviewed the developments of the case; worked with 8 households with complaints to verify the origin of the land, compensation and support policies; worked with the authorities of Yen Hop commune and Quy Hop district; checked and verified information at Dong Hop Forestry Farm. All verified information shows that the settlement of the complaint by the People's Committee of Quy Hop district is accurate.

After verification, on March 15, 2013, the Department of Natural Resources and Environment and representatives of relevant sectors and units had a dialogue with the households. The result of the dialogue was that 8 households did not agree with the draft inspection and verification report, conclusions and recommendations of the Department of Natural Resources and Environment; and continued to demand compensation for land. Meanwhile, representatives of the participating parties all expressed the opinion that land compensation was not a basis for implementation. On May 23, 2013, the Provincial People's Committee issued Decision No. 2047/QD-UBND.KT on the settlement of complaints (2nd time) affirming the content of the complaint that the State reclaimed agricultural land from households to implement the project of building irrigation dams, Ban Mong Hydropower Plant but the People's Committee of Quy Hop district did not compensate the households according to regulations, which was a false complaint...

When the above 8 households continued to prevent the contractor from carrying out the construction, on March 13, 2014, the Ban Mong Project Management Board issued Document No. 35/BQLDA.KT reporting the incident and asking for the opinion of the Provincial People's Committee. On March 31, 2014, in Document No. 1810/UBND.KT, the Provincial People's Committee assigned the Provincial Inspectorate to coordinate with relevant departments and branches to establish an interdisciplinary working group to re-examine the incident, re-determine the land origin of the households complaining, the land use process, land management records, evidence records of the households, compensation and support policies... and came to the conclusion: The land area of ​​the households complaining has been granted a Land Use Right Certificate by the Provincial People's Committee to Dong Hop Forestry Enterprise under Decision No. 694/QD.UB.DC dated August 29, 2003; the State only reclaims the land of Dong Hop Forestry Enterprise, not the land of the households; On the part of the households, they could not provide evidence or legal documents to prove their land use rights.

Therefore, the complaints of the 8 households were false and they were not compensated for the land (based on the provisions of Article 8, Decree No. 197/2004/ND-CP dated December 3, 2004 of the Government on compensation and support when the State recovers land; Article 67, Decree No. 84/2007/ND-CP dated May 25, 2007 of the Government on additional regulations on granting Land Use Right Certificates, land recovery, implementation of land use rights, compensation procedures, support, resettlement when the State recovers land and settlement of land complaints).

Support policy is appropriate

In many documents we have collected, it is shown that the authorities at all levels and related departments and branches have paid great attention to the complaint of 8 households and the resolution principle is to try to create consensus of 8 households so that the Ban Mong Reservoir Irrigation Project in Yen Hop commune can be implemented on schedule. On October 28, 2014, the Provincial People's Committee also sent Document No. 8027/UBND.DC to the Ministry of Natural Resources and Environment regarding the request for opinions on compensation and support when the State reclaims land in Quy Hop district to implement the Ban Mong Reservoir Project.

On January 23, 2015, in Official Dispatch No. 218/BTNMT-TCQLDD, the Ministry of Natural Resources and Environment affirmed: "8 households and individuals are not eligible for land compensation when the State reclaims land; in case households and individuals directly engaged in agricultural production are affected in their lives and jobs when the State reclaims land, the Provincial People's Committee shall consider each specific case to implement other support measures according to the provisions of law."

Land use right documents certified by Yen Hop commune government for people have been abolished by Quy Hop district People's Committee.

Going back to the previous time, when considering the reality, it was found that the above 8 households of Yen Hop commune were disadvantaged in terms of rights compared to other households in the same area when the State reclaimed land to implement the Ban Mong Reservoir Project, so in parallel with resolving complaints, authorities at all levels, relevant departments and branches have studied the regulations of the State and the province to come up with appropriate support policies.

On May 24, 2011, the Provincial People's Committee allowed the People's Committee of Quy Hop district to apply the support policy as prescribed in Clause 4, Article 24, Decision No. 04/2010/QD-UBND dated January 19, 2010 of the Provincial People's Committee when reclaiming land from Dong Hop Forestry Farm; on December 27, 2011, the Provincial People's Committee continued to issue Official Dispatch No. 8288/UBND.NN agreeing to support 8 households with the following amounts: Land support at a level equal to 40% of the compensation land price calculated according to the actual reclaimed area, but not exceeding the limit of agricultural land allocation and support for the remaining investment costs (about 78 million VND/ha). Quy Hop district has prepared and approved a supplementary support plan to send to 8 households on February 9, 2012.

According to the authorities, the land support with a limit of 40% of the land compensation price and the remaining investment support only applies to workers contracted on forestry land. However, because the households have many years of merit in reclaiming and organizing production on forestry land, the Department of Natural Resources and Environment, Agriculture and Rural Development and Quy Hop district have proposed the Provincial People's Committee to consider applying it and the Provincial People's Committee agreed. However, 8 households did not agree to receive the support money, but continued to demand compensation for the land and submitted complaints.

A new household's camp was built on land that the State had recovered (photo above).

One of the reasons why households did not agree to receive support money was that after the land was recovered, there was no more land for production. Considering this wish, the authorities of Yen Hop commune and Quy Hop district proposed and received the Provincial People's Committee's approval to recover some land area of ​​Dong Hop Forestry Farm to allocate to people for production, in which priority was given to 8 households that had filed complaints. The area of ​​8 households recovered was more than 5.1 hectares, in which the largest household had more than 2.2 hectares; the smallest household had 224 square meters. Based on the average land area allocated to households in the area, Yen Hop commune arranged 2 land areas for 8 households to choose from. Area 1 has soil characteristics similar to the recovered land, with an area of ​​6 hectares; area 2 has an area of ​​12 hectares. Yen Hop Commune People's Committee invited households 3 times to choose 1 of 2 locations to hand over land but the households did not agree (these 2 land areas are still managed by the Commune People's Committee)...

...Thus, not only the district and provincial authorities but also the Ministry of Natural Resources and Environment have clearly pointed out the legal provisions on compensation, support and resettlement when the State reclaims land, thereby affirming that the demand for land compensation of 8 households in Yen Hop commune according to the law is impossible. Regarding the support policies that the Provincial People's Committee has researched and applied to 8 households, the land support at a level equal to 40% of the land compensation price and the remaining investment support with a total cost of about 78 million VND/ha; in addition, being allocated production land with an equivalent area and in an area is suitable to the actual situation, limiting the disadvantages in material benefits for 8 households. This is what households need to see to recognize and consider thoroughly the prolongation of their complaint; thereby sharing difficulties with the province and locality so that the Ban Mong Reservoir Project - a key project in the development strategy of the Western region of the province - can be implemented on schedule; promoting the role for the common benefit, including the benefit of 8 households and future generations.

PV Group