Having moved to the resettlement area more than 15 years ago, they still haven't received their land ownership certificate.
(Baonghean.vn) - Despite having relocated and resettled to hand over the land for the construction project of the Nghi Yen Solid Waste Treatment Complex (Nghi Yen landfill) since 2006, more than 15 years later, 39 households in Hamlet 4, Nghi Yen commune, have still not been granted land use right certificates (red books).
Can land use fees be paid in arrears?
Recently, 39 households in Hamlet 2, Nghi Yen Commune, in the resettlement area implementing the project, have been affected.Nghi Yen landfillPreviously, they collectively petitioned to be granted land ownership certificates in the area where they had moved more than 15 years ago. However, despite numerous meetings organized by the local authorities to resolve the issues, the matter remains unresolved.
We (reporters) were present to investigate the situation in Nghi Yen commune. The resettlement area for 39 households in Hamlet 2, Nghi Yen commune, is located near the North-South railway overpass, and most households have built houses and are living stably.
Previously, since 2002, the Nghi Yen landfill construction project had been approved by the Provincial People's Committee, and the Project's Land Compensation and Resettlement Council had been established to conduct surveys, record keeping, and develop compensation and resettlement plans. During this period, to ensure the project's timely completion, the Provincial People's Committee directed the Nghi Loc District People's Committee and the Project's Land Compensation and Resettlement Council to urgently implement the relocation and resettlement of affected households. Some affected households even received resettlement land in advance without having to pay (land allocation in 2007).
The practice of allocating land in advance without requiring payment of land use fees at that time led to many negative consequences later on. Specifically, in recent years, when people need to obtain land ownership certificates to protect their family's rights, the local authorities do not know how to determine the land price to calculate the land use fee. This is because the land price for resettlement compensation in 2008 was 35,000 VND/m².2Currently, the land price in Nghi Yen commune is approximately 500,000 VND/m².2.
If calculated based on late payment, meaning that a tax payment notice was issued in 2008 but the people did not pay, then they must pay the land use fee plus the late payment penalty (35,000 VND + 73,000 VND late payment penalty calculated from September 2008 to 2021). If the land price is calculated according to the current market price in Nghi Yen commune, with an area ranging from 490m².2up to 510m2Each household would have to pay over 200 million VND (this option was not agreed upon by the residents).
Mr. Pham Van Thanh, head of Hamlet 2, Nghi Yen Commune, said: "At the time of relocation to make way for the project, each household was compensated 17,250,000 VND/sao (approximately 1000 square meters). When moving to the resettlement area, the land use fee was calculated at a similar rate. Because the compensation price was low at that time, paying for the land would leave them without money to build houses. Therefore, at meetings with the district and province, the people requested to defer payment of the land use fee. Subsequently, only households with parents were allowed to defer payment. Households with children over 18 years old or children who have married but still live with their parents were considered for resettlement land allocation but had to pay the fee in one lump sum. In reality, all 39 households that have not yet received land ownership certificates are households with parents."
Mr. Thanh also stated that currently, the people's wish is to have the land prices from 2008 applied, plus late payment penalties. He argued that paying higher prices would be very unfair to the people.
According to Report No. 109/BC.UBND dated October 1, 2021, from the People's Committee of Nghi Yen Commune regarding the results of the inspection and verification of matters related to the aforementioned resettlement area, the reason why households had not paid land use fees was because at that time, the compensation for land clearance was very small, making it difficult for them to move to a new place of residence. Therefore, the households requested that the authorities consider waiving or delaying the payment of land fees and be allocated resettlement land first. Furthermore, at that time, resettlement land was urgently needed for the project's progress, so resettlement land was allocated to the households to ensure the project was completed on schedule.
Also in this report, the People's Committee of Nghi Yen commune informed that, at that time, the Department of Natural Resources and Environment of Nghi Loc district instructed the preparation of land use right certificates for households, but noted on the certificates that land use fees were outstanding. The households disagreed because they were unable to conduct transactions after receiving the certificates. In 2016, after many requests from the households for land use right certificates, the People's Committee of the commune submitted a request to the People's Committee of the district and higher-level departments to apply a land price of 100,000 VND/m².2However, the issue remains unresolved. As of 2021, the People's Committee of Nghi Yen commune was still proposing to set the land price at 100,000 VND/m².2.
Establish a verification team.
Regarding this issue, since 2021, following complaints about obstacles in issuing land ownership certificates to 39 households in the resettlement area, the Nghi Loc District People's Committee has held numerous meetings to address the problem. However, proposals to apply the 2008 land price plus late payment penalties to resolve the issuance of land ownership certificates to the residents were not accepted.
On May 12, 2023, the Provincial People's Committee issued Notice No. 319/TB-UBND, assigning the Nghi Loc District People's Committee to review all documents and procedures related to the land clearance process for the Nghi Yen landfill project concerning 39 households and individuals who were allocated resettlement land but lacked complete documentation for obtaining land ownership certificates. The notice also requested the identification of the specific reasons why these 39 households, despite having agreed to and seriously implemented the compensation and relocation policies to the resettlement area between 2005 and 2007, have still not received land ownership certificates. The Provincial People's Committee also requested the Nghi Loc District People's Committee to work with the Departments of Natural Resources and Environment, Finance, Construction, Justice, and other relevant agencies to agree on a solution and report to the Provincial People's Committee in accordance with regulations.
Speaking with us, Mr. Nguyen Duc Tho, Vice Chairman of the Nghi Loc District People's Committee, said: After receiving feedback from the people, the district has held several meetings to address the related issues. Following the direction of the Provincial People's Committee, the district is currently assigning the District Inspectorate to form a verification team to review the matter and will soon have a specific conclusion.
It is known that on July 21, 2023, the People's Committee of Nghi Loc District issued Decision No. 2330/QD.UBND establishing a verification team to review the documents and procedures for land allocation for resettlement when carrying out land clearance for the Nghi Yen landfill construction project for the 39 households mentioned above. On November 1, 2023, the verification team sent a document requesting the People's Committee of Nghi Yen Commune to provide all documents related to compensation, land clearance, and resettlement for the Nghi Yen landfill project, giai đoạn 2005-2010, currently stored at the locality.
The verification team also requested the Nghi Yen Commune People's Committee to provide accounting records and receipts (copies) related to the collection of land use fees from Mr. Dang Xuan Hung. This is because Report No. 109/BC.UBND dated October 1, 2021, from the Nghi Yen Commune People's Committee confirmed that Mr. Hung had paid 17,250,000 VND to the Commune People's Committee, but due to a complaint, the Commune People's Committee has not yet submitted it to the higher authority.
Speaking with us, Ms. Le Thi Loan, a representative of the verification team, said that the team is currently collecting relevant documents and records. After completing the collection, the team will submit a report to the district People's Committee leaders for review and conclusion, and then present it to higher authorities for handling. Ms. Loan also stated that, to date, they have not received any notices regarding land use fees or taxes sent to the households by the authorities at that time...
