Responding to Nghi Loc voters about land allocation and exchange for the Khe Lim Reservoir Construction Project

Reply:

Carrying out the tasks assigned by the Provincial People's Committee, the Department of Natural Resources and Environment has issued Documents No. 8195/STNMT-QLDD dated December 15, 2022 and No. 8468/STNMT-QLDD requesting the Nghi Loc District People's Committee to handle the case according to its authority based on legal provisions.

In case of exceeding authority, Nghi Loc District People's Committee is requested to specifically report the time when the households were given land by Nghi Van Commune People's Committee to implement the Khe Lim reservoir project; at the same time, clearly report the type of land, area granted at the new location of the households and based on the provisions of law to propose a solution. On December 30, 2022, Nghi Loc District People's Committee issued Official Dispatch No. 5207/UBND-TNMT reporting specifically as follows:

*Summary of the case:

In 2002, when implementing the project to build Khe Lim reservoir in Nghi Van commune, Nghi Loc district People's Committee established a Compensation and Site Clearance Council to clear the site for project implementation.

At that time, 9 households were affected by the land. Of these, 2 households had their entire residential land and garden land revoked (Mr. Pham Ngoc Tuan and Mr. Nguyen Van Phong), 7 households had part of their land area revoked (Mr. Nguyen Van Dao, Mr. Pham Hong Ky, Mr. Dang Minh Hue, Ms. Hoang Thi Quy, Ms. Cao Thi Hue, Ms. Pham Thi The, Mr. Phan Dinh Phuc).

Because there was no budget to carry out land compensation, the District Compensation and Site Clearance Council and the Commune People's Committee mobilized people to change their land to another location; only compensated for trees and assets on the land.

The project's land clearance records and procedures are no longer archived, so it is impossible to determine the area of ​​the 9 households' relocation (the records only contain the Decision to establish the Compensation Council and the Proposal for approval of trees, crops, and structures, and do not include the area of ​​land to be recovered).

Nghi Van is considered the driest area in Nghi Loc district, lakes and dams often dry up in previous years. Photo: Quang An

When allocating land at the new location, Nghi Van Commune People's Committee did not have a document on land allocation and land area but implemented the allocation by plot (at this time, Nghi Van Commune People's Committee had not yet measured the cadastral map). After being allocated land, 3 households built houses including: Mr. Nguyen Van Phong, Mr. Pham Ngoc Tuan, Ms. Pham Thi The. The remaining households engaged in agricultural production on the land.

According to the results of cadastral map measurement, the current land area used by households is as follows:

- Nguyen Van Dao, plot 122, map sheet number 5, area 1130m2, agricultural production;

- Dang Minh Hue, plot 449.450 map sheet number 4, area 706m2, agricultural production;

- Pham Hong Ky, plot 457,496,495,472, Map sheet number 4, area 1752m2, agricultural production;

- Hoang Thi Quy, plot 146, map sheet number 5, area 560m2, agricultural production;

- Cao Thi Hue (Trong), plot 144, Map sheet number 5, area 629m2, house has been built;

- Pham Thi The, plot 458, map sheet number 4, area 1321m2, house has been built;

- Phan Dinh Phuc, plot 525, map sheet number 4, area 628m2, agricultural production;

- Pham Ngoc Tuan, plot 78, map sheet number 11, area 2277m2, house has been built;

- Nguyen Van Phong, plot 79, map sheet number 11, area 3313m2, has built a house.

The land use origin of the households whose land was recovered was before December 18, 1980. Therefore, the households requested to be granted Land Use Right Certificates for the households according to the land use origin before 1980 (households whose entire residential land was recovered, the residential land was 5 times the limit, the remaining land was garden land; for households whose part of the land was recovered, the residential land was determined to be the total area of ​​the old land plot and the new land plot, the remaining land was determined to be garden land).

*Regulations of law

- Clauses 2, 3, 4, Article 21 of Decree No. 43/2014/ND-CP dated May 15, 2014 of the Government stipulate:

“2. The time of commencement of stable land use is determined based on the time and content related to the land use purpose recorded in one of the following documents:

a, Receipt of payment of agricultural land use tax and real estate tax;

b. Minutes or decisions on administrative sanctions for violations in land use, minutes or decisions on administrative sanctions for violations in construction of works attached to land;

c, Decision or judgment of the People's Court that has come into force, decision to enforce judgment of the Enforcement agency that has been enforced regarding property attached to land;

d, Decision on land dispute settlement by competent State agency that has come into force; minutes of land dispute conciliation signed by the parties and confirmed by representative of the People's Committee of the commune where the land is located;

d, Decision to resolve complaints and denunciations of competent State agencies related to land use;

e, Documents on permanent or long-term temporary residence registration at the house attached to the land; Identity card or birth certificate, documents on payment of electricity, water and other payments with the house address at the registered land plot;

g, Documents on the assignment, distribution, and granting of houses or land by agencies and organizations assigned by the State to manage and use land;

h, Documents on the sale and purchase of houses, other assets attached to land or documents on the sale and purchase of land, transfer of land use rights with signatures of the relevant parties;

i, Maps, inventory books, investigation and measurement documents on land through the periods;

k, House and land registration declaration certified by the People's Committee of the commune level at the time of registration declaration.

3. In case the time of land use shown on the documents specified in Clause 2 of this Article is inconsistent, the time of commencement of stable land use shall be determined according to the document with the earliest date of land use.

4. In case there is no one of the documents specified in Clause 2 of this Article or the document does not clearly state the time of document establishment and the purpose of land use, there must be confirmation from the People's Committee at the commune level on the time of commencement of land use and the purpose of land use based on collecting opinions of people who used to reside at the same time as the person requesting confirmation started using the land in the residential area (village, village, hamlet, village, village, village, phum, soc, residential group) where the land is located.

- Clause 18, Article 2 of Decree No. 01/2017/ND-CP stipulates:“In case the land plot has a house, the recognized residential land area is equal to the local residential land recognition limit if the land has been used stably before October 15, 1993; the recognized residential land area is equal to the local residential land allocation limit if the land has been used stably from October 15, 1993 to before July 1, 2014.

- Clause 1, Article 3, Decree 43/2014/ND-CP stipulates: "In case of stable land use without encroachment, occupation, or illegal change of land use purpose, the land type is determined according to the current status of use".

*Opinions of the Department of Natural Resources and Environment

According to the report of Nghi Loc District People's Committee in Official Dispatch No. 5207/UBND-TNMT dated December 30, 2022, the households with petitions were all given land by Nghi Van Commune People's Committee after October 15, 1993 (2002). Therefore, comparing the provisions of the above law, the request of these households to be granted a Certificate of Land Use Rights according to the time when the households previously used the land (the location was revoked) is unfounded.

Therefore, to resolve the petitions of the households, the Department of Natural Resources and Environment respectfully requests the Provincial People's Committee to assign the Nghi Loc District People's Committee to review the work of compensation and site clearance.

In case of seeing disadvantages for the people, Nghi Loc District People's Committee is requested to send a written request for opinions from the Ministry of Natural Resources and Environment (through the Department of Natural Resources and Environment).