Early adjustment of land conversion work in Thanh Mai commune

(Baonghean) -Nghe An Newspaper received a complaint from Mr. Bui Van Hao - Secretary of the Party Cell of Bac Son Hamlet, Thanh Mai Commune, requesting clarification on the fact that the commune government and the hamlet land conversion team violated his family's property ownership rights. Through verification, it was found that the land conversion in Thanh Mai Commune had unreasonable issues...

Mr. Hao's family's tea garden was given to someone else by the village after the land conversion.

According to Mr. Bui Van Hao's application, in 1999, his family was granted a land use rights certificate for 14,548m2 by Thanh Chuong District People's Committee.², of which 9,644m²Fixed garden land, the rest is rice and color land. In 2013, when converting land, Mr. Hao's family had 1,780m2 recovered²agricultural land on the total area of ​​rice and other crops, of which over 400m²The tea plantation has been harvested. Mr. Hao petitioned the commune government but was not resolved; petitioned the district People's Committee and was told to hand it over to the commune to resolve, but then received no response...

It is known that Mr. Bui Van Hao's land use right certificate is under the name of Bui Van An (Mr. Hao's father), issued on February 2, 1999, in addition to the fixed garden land, there are 10 plots of rice and colored land with an area of ​​4,904m2.², with a term of use of 20 years. According to Mr. Hao, out of 10 plots of rice and colored land, 6 plots were granted by the commune government, the remaining 4 plots were received by the family to renovate and restore the land in the corners, dry and rocky areas, near the road, often damaged by buffalo and cows managed by Truong Son Cooperative. Regarding the land conversion, Mr. Hao determined that this was a correct policy, aiming to facilitate the people in the production process. As the Party cell secretary, he was assigned to be the head of the land conversion team of the hamlet. However, when implementing, he found that the way of doing things of the commune and hamlet was not in accordance with the policy and instructions of the province, so he gave his opinion to the commune to request a review of the way of doing things.

Because the implementation method did not change, he asked to withdraw from the land conversion team. The conversion work was still carried out by the hamlet. With the direction of the commune, the Bac Son hamlet conversion team recovered all of Mr. Hao's agricultural land as well as that of 47 households in the whole hamlet, then divided it equally among the hamlet's population on October 15, 1993 (the time frame for implementing Decree 64-CP). After the re-division, Mr. Hao lost 6 plots of land granted by the commune, corresponding to an area of ​​1,780m2.²Mr. Hao was upset: "The province's policy is to convert land, not to reclaim land. The conversion instructions above are multiplied by coefficient K, not to redistribute land. Why does the commune give the hamlet the right to reclaim land and redistribute it? We put in the effort to improve the land, get assets on the land, moreover, the land has been granted a certificate by the competent authority. It is said to be converted, but my family has not converted anything, out of 10 plots, 6 plots were lost, only 4 plots remain...".

Also according to Mr. Hao, on the plots of land that were confiscated by the hamlet and given to others, in addition to more than 400 square meters of tea land for harvesting, there are more than 500 square meters²the land he sowed rice, more than 600m²The land he planted cassava has sprouted. Currently, 600m²Cassava land was destroyed by the land allottee to plant corn; more than 500m²The households that were allocated land for rice cultivation are asking the commune and hamlet to allow them to destroy and rebuild; over 400m²The land for growing tea was continuously demanded by the landowner... Feeling hurt and sad, Mr. Hao said: "I told these people, I still own the land because the land title is still valid, it is wrong for them to arbitrarily destroy my property. If the Party Committee and the Commune People's Committee allow it, it is up to them... With what happened, although I was very upset, I tried to restrain myself to avoid fighting...".

Talking to the Head of Bac Son Hamlet, Mr. Bui Van Hong said that the reason for the land redistribution was that in 1993, Bac Son Hamlet could not implement Decree 64-CP on allocating agricultural land to households and individuals. This led to 30 people at that time not being allocated land. When there was a policy of land conversion, most of the people in the hamlet proposed to redistribute the land to create fairness. The Party Committee and the commune government also agreed with this approach. The commune decided to let the hamlet temporarily reclaim all the agricultural land area for redistribution...

Land cover of Mr. Bui Van Hao.

We contacted Mr. Phan Dinh Ha - Vice Chairman of the District People's Committee (who directly directed the land conversion in Thanh Mai) and Mr. Phan Thanh Ngan - Head of the Department of Natural Resources and Environment of Thanh Chuong District to clarify this issue. Mr. Phan Dinh Ha and Mr. Phan Thanh Ngan affirmed that Thanh Chuong District did not direct the communes in the area to "reclaim agricultural land" to "re-divide the land". "As far as I know, Thanh Mai Commune completed the land conversion in 2013. If this information is correct, then Thanh Mai's implementation is too rigid. The authority to reclaim land belongs to the district, not the commune or hamlet. When reclaiming land, the full process must be followed, compensation must be paid... The District also does not force the communes to convert land for perennial crops such as tea. I will report to the district leaders for handling..." - Mr. Ngan said.

Land is closely linked to the interests of each household and individual, so the land conversion work is very complicated, especially in mountainous areas like Thanh Mai commune. However, whatever the reason, the way of implementing land conversion in Bac Son hamlet is contrary to the guidance of the Department of Natural Resources and Environment. If to create fairness for 30 people who have not been divided land according to Decree 64-CP, the Thanh Mai commune government and the Bac Son hamlet land conversion team should have clearly reported the situation to the Thanh Chuong district People's Committee, requesting the district to reclaim agricultural land for redistribution according to the correct procedures and authority. When reclaiming land, it is necessary to consider and calculate which land area to reclaim reasonably, at the same time, it is necessary to consider the efforts of those who have contributed to improving and restoring the land. According to our research, in Bac Son hamlet, in addition to Mr. Bui Van Hao, there are also a number of families dissatisfied with the hamlet's implementation. Mr. Bui Van Nham (a household assigned a rice plot by Mr. Bui Van Hao) confided: “I also do not agree with the way to reclaim all agricultural land for redistribution, but because I see many people agree, I think that even if I oppose it, I will not be able to, so I have to accept it. Previously, my land was both socialized and restored, with a dozen plots, an area of ​​more than one hectare. After the land conversion, I lost about more than 4 sao...”.

It is thought that the People's Committee of Thanh Chuong district needs to promptly review and rectify the land conversion work of Thanh Mai commune in accordance with the province's policies and instructions, so as not to affect the legitimate rights and interests of related individuals.

Nhat Lan