Final part: Prompt review and decisive action are needed.
The incidents at the Nghe An Provincial Ethnic Boarding High School and many other schools reported by Nghe An Newspaper have shown that the management of land and school dormitories has been lax in some periods, leading to many negative consequences. To prevent similar incidents, the competent authorities need to promptly review all schools in the province to resolve the issues definitively before they become complicated.
Teachers do not have the right to use the land.
At the end of June 2024, nearly two months after the People's Committee of Nghe An province issued a document announcing the results of the inspection and review of land use right certificate applications and the plan for handling complaints at the Nghe An Provincial Ethnic Boarding High School, two families of teachers still refused to hand over the land to the school for the construction of a student dormitory. This was despite the Provincial People's Committee concluding that these families did not have the right to use the land in the school's residential area.
A representative from the leadership of the Nghe An Provincial Ethnic Boarding High School said: “After the Provincial People's Committee issued a document announcing the inspection results, representatives from the two teacher families contacted the school. Both families still refused to hand over the land. One family demanded 500 million VND in compensation from the school before they would leave (the school cannot afford that); the other family requested the school to sign a confirmation stating inaccurate information (which the school refused). We don't understand why they are making such demands.”
Meanwhile, the project to build a dormitory for students of the Nghe An Provincial Ethnic Boarding High School is extremely urgent. Currently, hundreds of boarding students are still staying in cramped and stuffy functional rooms. According to the schedule, the project must be completed in 2024 in time to celebrate the 40th anniversary of the school's founding and to disburse funds on time, but it is at risk of falling behind schedule.
We are also very anxious. The conclusion of the Provincial People's Committee is clear... Now they still refuse to hand over the site, and the construction unit keeps sending letters to the school every few days to urge them to hand over the land."
Representatives of the leadership of the Nghe An Provincial Ethnic Boarding High School.
According to the inspection results recently announced by the Provincial People's Committee, the Provincial People's Committee's decision to recognize land use rights and grant land use right certificates to the Nghe An Provincial Ethnic Boarding High School in 2019 was in compliance with legal regulations. Regarding the Nghe An Provincial Ethnic Boarding High School's failure to fully report the current status in its application for a land use right certificate (not declaring the presence of 5 dormitory units), and the failure of the Provincial Land Registration Office, the Vinh City People's Committee, and the Ha Huy Tap Ward People's Committee to fully report the current status of the land area containing the 5 dormitory units to the Department of Natural Resources and Environment: This has been concluded and affirmed by the Vinh City People's Committee and the Ha Huy Tap Ward People's Committee that the entire area containing the 5 dormitory units is part of the land area that the Provincial People's Committee has allowed the Nghe An Provincial Ethnic Boarding High School (formerly the Nghe Tinh Highland High School) to use since 1984.
The announcement of the inspection results from the People's Committee of Nghe An province also stated: "The shortcomings in the process of declaring, reviewing, and recognizing land use rights in 2019 did not change the results of granting land use right certificates to the Nghe An Provincial Ethnic Boarding High School and the 5 households using land in the residential area (including Mr. Nguyen Van Ky's household) who do not have land use rights for the aforementioned location. Furthermore, based on the provisions of Clause 2, Article 106 of the 2013 Land Law: Shortcomings in declaring and checking the current status that do not lead to errors in land use area or land users do not fall under the cases where the State revokes the issued land use right certificates."
At Ha Huy Tap High School, Principal Cao Thanh Bao stated that after the Nghe An Newspaper reported the incident, the school invited Mr. Nguyen Duc Canh for a meeting. “We invited Mr. Canh to a meeting and reaffirmed that the dormitory building is school property and that he is not allowed to rent it out. We could only suggest that he find alternative accommodation soon so that he could return the dormitory to the school. The school actually needs that space to build a parking area for students. But he refused, so the school is in a difficult position.”
Delays in processing
In Notice No. 125/TB-UBND dated February 22, 2024, the conclusion of the Chairman of the Provincial People's Committee, Nguyen Duc Trung, is as follows:regular citizen reception sessionIn February 2024, it was concluded that the complaints and petitions from citizens had been assigned by the Provincial People's Committee to the Department of Natural Resources and Environment, relevant departments, and the Vinh City People's Committee for inspection and review. The conclusion was that "there is no basis for resolution and the individuals do not meet the conditions for compensation, support, and resettlement according to the law."
During the public consultation session, the Chairman of the Provincial People's Committee also requested that the households in the residential area promptly hand over the land so that the Nghe An Provincial Ethnic Boarding High School can implement the project according to schedule.
Regarding the circumstances of Mr. Nguyen Van Ky's family, the Chairman of the Provincial People's Committee instructed the Vinh City People's Committee to consider and propose the allocation of residential land without auctioning the land use rights, based on the regulations in Decision No. 78/2014/QD-UBND dated October 27, 2014, of the Provincial People's Committee, if the conditions are met. However, Decision No. 78 of the Provincial People's Committee has expired since March 18, 2024.
Therefore, in Notice No. 344/TB-UBND dated May 6, 2024, the Provincial People's Committee assigned the Department of Natural Resources and Environment to chair a meeting including the Provincial Inspectorate, the Department of Justice, the Department of Education and Training, the Vinh City People's Committee, and the Nghe An Provincial Ethnic Boarding High School to consider and advise the Provincial People's Committee on resolving the above-mentioned issue in accordance with the law. The results should be reported to the Provincial People's Committee before May 31, 2024.
However, on June 24, 2024, the leaders of the Department of Natural Resources and Environment submitted a report to the Provincial People's Committee stating that, nearly a month after the deadline, the Department of Justice (the unit assigned by the Provincial People's Committee to coordinate in Notice No. 344/TB-UBND) had still not provided its opinion on the request from the Vinh City People's Committee and the Department of Natural Resources and Environment's handling stance, despite the Department of Natural Resources and Environment having sent two letters urging action.
According to our investigation, similar situations are occurring not only at the Provincial Ethnic Boarding High School and Ha Huy Tap High School, but also at many other schools throughout the province. At Phan Boi Chau Specialized High School (Vinh City), several retired teachers have not yet handed over their dormitory housing to the school. In some cases, teachers have even transferred to Hanoi a long time ago.
"For a long time, school principals have paid little attention to these issues, focusing only on teaching and learning. Therefore, not only is there the problem of teachers borrowing communal housing and not returning it, but many schools have had their land encroached upon by local residents, and some schools have lent land to teachers for temporary housing but have lost it. Therefore, in my opinion, it is necessary to urgently review all schools to resolve these issues promptly and decisively, avoiding future consequences," said a high school principal in Do Luong district.