The Provincial People's Committee responded to the petition of Mr. Nguyen Huu Vinh (Nam Giang - Nam Dan)

(Baonghean) -Considering the report and proposal of Nghe An Provincial Inspectorate in Document No. 420/TTr.P1 dated July 10, 2013, together with the report of the Inter-sectoral Working Group (chaired by the Provincial Inspectorate) on the results of the inspection and review of the content of the petition of Mr. Nguyen Huu Vinh, residing in Hamlet 10, Nam Giang Commune, Nam Dan District, on July 26, 2012, the Provincial People's Committee issued Official Dispatch No. 5068/UBND.KT in response as follows:

1. Regarding the content that Mr. Nguyen Huu Vinh did not agree with the land compensation and resettlement plan for him when the State reclaimed land to implement the project to preserve and embellish the Kim Lien Historical Relic Site in 2009 (the area of ​​Mrs. Hoang Thi Loan's tomb):

a) Mr. Vinh's complaint that Nam Dan District People's Committee had undercompensated an area of ​​270 m²for him is a false reflection, because:

- In the Survey Map according to Directive 299/TTg; Land register and inventory book kept at the competent state agency, the residential land area and garden of Mr. Vinh's family belongs to plot number 964, sheet number 7, area 733 m².

- In the application for land use rights of Mr. Nguyen Huu Vinh declared on May 21, 1995; Certificate of land use rights issued by Nam Dan District People's Committee on July 12, 1995, the residential land area and garden land of Mr. Nguyen Huu Vinh's family belong to plot number 964, map sheet number 7, area 733 m².

- On the 2000 cadastral map, the residential land and garden land of Mr. Vinh's family belongs to plot number 56, map sheet number 5, area 1849 m²(increased by 1116 m compared to the Certificate issued in 1995)²). The reason for the increase in area was determined by the People's Committee of Nam Giang commune to be due to measurement errors.

Pursuant to Decision No. 02/QD-TTLH dated March 20, 1997 of the People's Court of Nam Dan district on the recognition of the divorce agreement between Mr. Nguyen Huu Vinh and Ms. Phan Thi Tuyen (Mr. Vinh's wife), the residential land area and garden of Mr. Vinh and Ms. Tuyen are specifically determined as:

+ Mr. Vinh has the right to use an area of ​​1,320.71 m²residential land and garden land (according to the 2000 survey map).

+ Ms. Tuyen has the right to use an area of ​​528.29 m²residential land and garden land (according to the 2000 survey map).

- In 2004, the State recovered and compensated 276.7 square meters of garden land for Ms. Tuyen's household; in 2009, it recovered and compensated 1,579 square meters for Mr. Vinh's household. The total area of ​​land recovered and compensated in 2004 and 2009 for both Mr. Vinh and Ms. Tuyen was 1,845.7 square meters (a difference of 3.3 square meters compared to the 2000 survey map, the reason for the difference was due to errors in determining based on reality).

Thus, during the land clearance process, the Nam Dan District Compensation and Clearance Council fully inventoried compensation for Mr. Vinh's household. Mr. Vinh even received compensation for residential land and garden land exceeding the area that Mr. Vinh was divided according to the divorce agreement, exceeding the area of ​​258.29 m2 (1,579 m2/1,320.71 m2). However, due to the process of receiving compensation for land and assets on Mr. Vinh's land, Ms. Tuyen and her children all had an agreement. After receiving compensation, Ms. Tuyen did not complain or authorize others to complain, so there was no issue of recalculating compensation for land and assets on the land that had been inventoried and compensated.

b) The content of Mr. Nguyen Huu Vinh's reflection on not being allocated resettlement land and requesting the People's Committee of Nam Dan district to issue him a land use right certificate for the resettlement land plot that the People's Committee of Nam Dan district had allocated to Ms. Phan Thi Tuyen is unfounded for settlement, because:

Since 1998 (after the divorce), Mr. Nguyen Huu Vinh moved to Lum Cuu area, hamlet 10, Nam Giang commune (land assigned in 1988). At land plot No. 964, sheet No. 7, survey map according to Directive 299, Nam Giang commune (the land plot recovered mentioned above), only Ms. Tuyen and her children used it. The process of dividing the divorce property between Mr. Vinh and Ms. Tuyen has not been carried out in the field with the participation of competent authorities. At the time of compensation and land recovery, Ms. Tuyen had no more land to live on, so the Council's resettlement arrangement for Ms. Tuyen was in accordance with the provisions of Point 2, Clause 1, Article 19 of Decree No. 69/2009/ND-CP dated August 13, 2009 of the Government; Mr. Vinh already has a house and land in Lum Cuu area, hamlet 10, Nam Giang commune, Nam Dan district, so he is not eligible for resettlement land according to the provisions of law.

2. Assign the People's Committee of Nam Dan district to coordinate with local organizations and relevant agencies to organize propaganda, explanation, and mobilization so that citizens understand and comply with the policies and decisions of State agencies in implementing the Project to preserve and embellish the Kim Lien Historical and Cultural Relic Site.

Provincial People's Committee