Provincial People's Committee responded to the petition of Mr. Pham Hong Cong (Nghi Phu - Vinh City)

(Baonghean) - Mr. Pham Hong Cong, residing in Hamlet 2, Nghi Phu Commune, Vinh City, Nghe An Province, complained that the Vinh City People's Committee had approved the compensation plan and supported land clearance for his family to implement the Phu Tho apartment and commercial complex construction project in Nghi Phu Commune, Vinh City without a land acquisition decision. On November 6, 2013, the Provincial People's Committee issued Official Dispatch No. 7938/UBND.KT on handling the results of checking and reviewing the citizen's petition with the following content:

Considering the report and conclusion of the Provincial Inspectorate in Official Dispatch No. 575/TTr.P2 dated September 20, 2013 on the results of the inspection and verification of the complaint of Mr. Pham Hong Cong, residing in Hamlet 2, Nghi Phu Commune, Vinh City, Nghe An Province; the results of the case settlement by the Chairman of Vinh City People's Committee and the content of the citizen's complaint, the Chairman of the Provincial People's Committee has the following opinions:

1. The content of Mr. Pham Hong Cong's complaint about the Vinh City People's Committee approving the compensation and site clearance support plan for his family (Decision No. 3669/QD-UBND dated April 18, 2008 and Decision No. 5998/QD.UBND dated October 26, 2010 - supplemented) to implement the project to build Phu Tho apartment and commercial complex in Nghi Phu commune, Vinh City when there was no land recovery decision: This content, in Decision No. 1770/QD-UBND dated May 9, 2013 of the Chairman of Vinh City People's Committee on resolving Mr. Pham Hong Cong's complaint, acknowledged that Mr. Cong's complaint was correct.

2. The content of Mr. Pham Hong Cong's complaint is inconsistent with the compensation and support plan approved by Vinh City People's Committee:

The inspection showed that Decision No. 38/QD.UBND.DC on land recovery in Nghi Phu commune, in which land plot No. 172 and excess land plot No. 199, map sheet No. 8, agricultural land type were recovered, was incorrect, because: on a part of the recovered land there was also a house and ancillary works that Mr. Cong's family was using; a large part of land plot No. 199 (with an area of ​​104.1m2) and the entire land plot No. 172, map sheet No. 8 were not within the scope of the project. Therefore, it is necessary to re-adjust the recovered area, re-calculate and accurately determine the compensation and support costs in accordance with reality and current legal regulations. After making this adjustment, Mr. Pham Hong Cong's family can exercise their rights in accordance with the law.

3. Assign the Department of Natural Resources and Environment to adjust the Extract of cadastral map measurement No. 756/BĐ.ĐC dated December 4, 2007 for plots 172 and 199; at the same time, advise the Provincial People's Committee to adjust Decision No. 38/QD-UBND.ĐC dated March 12, 2008 on land recovery in Nghi Phu commune: not yet recovering the land area not included in the project planning for plots 172 and 199. Implementation time before December 5, 2013.

4. After the Provincial People's Committee issues the above-mentioned Decision on adjusting land recovery, assign Vinh City People's Committee to:

+ Adjust Decision No. 4911/QD-UBND dated July 15, 2008 of Vinh City People's Committee on approving the compensation and site clearance support plan for the project according to the Map Extract adjusted by the Department of Natural Resources and Environment;

+ Cancel Decision No. 5998/QD-UBND dated October 26, 2010 of Vinh City People's Committee on approving additional compensation and support plan for Mr. Pham Hong Cong's family;

+ Guide and direct Nghi Phu Commune People's Committee to strictly manage the adjusted land that has not been recovered; when land is recovered, a compensation and support plan must be developed according to current regulations.

Implementation time before December 31, 2013.

Provincial People's Committee