The transfer of the facilities of Cau Ram Parish to Hop Duc Cooperative has been completed in accordance with the provisions of law.
(Baonghean) - After Nghe An Newspaper published a series of articles "Nghe An Catholics live the gospel in the heart of the nation", in which the 5th issue dated October 3, 2011 had the article "Soon have a solution to build the Cua Nam Lake amusement, entertainment and tourism area according to the plan", on October 5, Priest Hoang Si Huong, the parish priest of Cau Ram Fx, responded to Nghe An Newspaper, requesting clarification of details related to the procedures for transferring facilities and land in the Cua Nam Lake area that Cau Ram Parish transferred to Hop Duc Cooperative on October 12, 1976. Priest Hoang Si Huong wanted to know whether or not there was a legal contract for this transfer, and if there was, in the spirit of "the rule of law", it should be published in the newspaper for readers to follow in order to evaluate the persuasiveness of the issue raised in the article...
Regarding this issue, based on legal regulations and reviewing documents related to the incident, Nghe An Newspaper responds as follows:
First of all, based on the Constitution (1959) and the provisions of the Civil Law of the Democratic Republic of Vietnam, the Parish Council of Cau Ram, Cua Nam Ward, has completed the transfer of the material facilities in Ward 2, Vinh City to Hop Duc Cooperative for the amount of 13,000 VND (thirteen thousand VND) so that this facility can expand its brick and tile production. This transfer agreement is equal and legal because it is based on the spirit of agreement and is completely voluntary in accordance with the principles of the Civil Law. The transferee, Hop Duc Cooperative, has paid in full to the Parish Council and Priest of Cau Ram Parish.
Legally, in 1976, although the legal regulations were not yet complete as they are today, the documents for transferring assets and land were quite strict and complete, including the representative of Cau Ram Parish, Mr. Ba Dinh Loan, Head of the Parish Executive Committee, writing the request, signed on October 12, 1976; below was the certification and approval by the signature and seal of Priest Nguyen Duy Thuong, parish priest of Cau Ram; then, this agreement was signed and sealed by the Administrative Committee of Ward 2, Vinh City, represented by Mr. Pham Van Chuong, on November 17, 1976.
In terms of policy, the transfer also shows the State's concern for Catholics, including Cau Ram Parish. After transferring the facilities in Ward 2, Vinh City to Hop Duc Cooperative, the parish used the money from the transfer to renovate a number of communal churches in the parish. More than 10 years later, in 1989, the parish requested the State to arrange a new location to fulfill its religious needs. In 1998, at the same time the State transferred the land of Cua Nam Lake for the purpose of building a recreation, entertainment and tourism area, based on the proposal of Cau Ram Parish, the Provincial People's Committee proposed 3 locations for the Parish Executive Committee to choose from; then the Provincial People's Committee agreed and approved the Parish Executive Committee's choice of the Kho Vom area of Construction Company I to build the current Cau Ram Church. In addition to handing over the above 11,000 m2 of land, based on the parish's request, the province has supported compensation for site clearance of the land.
After receiving the transfer, Hop Duc Cooperative continuously used the above land for the purpose of trading in construction materials until December 20, 1993, when the Prime Minister issued Decision 603/QD-TTg approving the overall plan of Vinh City, according to which the land (nearly 3 hectares) that Hop Duc Cooperative was legally using was determined to be located in the planning area for the construction of Cua Nam Lake Park to serve the entertainment and tourism of Vinh City people and Nghe An people in general. To gradually implement the above planning, in August 1995, Vinh City People's Committee allocated 720.7 million VND from the budget to compensate Hop Duc Cooperative for site clearance and assigned Cua Nam Ward People's Committee to manage the above land to build the entertainment and tourism park.
Thus, the transfer of facilities in Ward 2 (Vinh City) by the Executive Committee and the parish of Cau Ram to Hop Duc Cooperative has been completed; the request to reclaim the land of Cau Ram Parish is groundless. Currently, the State is only considering and choosing the investment method, using the land area in accordance with the approved planning and progress so that people can soon benefit.
Regarding the reclaiming of old land that the State has assigned to other individuals and organizations for use during the State's implementation of land policies, the Constitution of the Socialist Republic of Vietnam stipulates: "Land is owned by the entire people and is uniformly managed by the State according to planning and law"; the Land Law also stipulates: "The State does not recognize the reclaiming of land that has been assigned to others for use during the implementation of the State's land policies..."
The request of Priest Hoang Si Huong, regarding the announcement of the property transfer document in the Cua Nam Lake area, Vinh City between Hop Duc Cooperative and Cau Ram Parish on October 12, 1976, we will make public at the appropriate time according to the provisions of law.
Nghe An Newspaper