Dialogue to resolve Ms. Tran Thi Lien Hoa's complaint

In 2002, Ms. Hoa was given ^5,000m2 of rice land (LUC) by her parents, and was granted a Land Use Rights Certificate (LUC) No. 00476QSDD/dA by the People's Committee of Long Xuyen City, dated November 25, 2002. In 2005, Ms. Hoa changed the purpose of use of ^5,000m2 to land for growing other perennial crops (LNK). Implementing the Investment Project for Construction of the Provincial Police Office, on December 30, 2019, the People's Committee of Long Xuyen City issued Decision 1524/QD-UBND to reclaim ^3,342.6m2 and Decision 2905/QD-UBND, dated December 21, 2020 to additionally reclaim ^89.8m2 . The total recovered land area is 3,432.4m2, the actual remaining area is ^1,567.6m2 . However, when confirming the change on the Land Use Right Certificate, the additional recovered area of ^​​89.8m2 was not deducted, so the remaining area recorded on the Land Use Right Certificate is ^1,657.4m2 .

Implementing the Le Trong Tan Street Upgrade Project (section adjacent to existing Le Trong Tan Street to extended Ly Thai To Street), on March 11, 2021, the Long Xuyen City Compensation Council made a record of damage inventory signed by Mr. Pham Ngoc Thi (Ms. Hoa's husband), showing: The recovered land area is ^1,040.4m2 , according to the Land Use Right Certificate No. 00476QSDD/dA, issued by the Long Xuyen City People's Committee on November 25, 2002, other perennial land type (LNK).

On March 31, 2022, Long Xuyen City People's Committee issued Decision 790/QD-UBND to reclaim land with an area of ^{​​1,040.4m2} and Decision 791/QD-UBND to compensate and support Ms. Hoa with an amount of VND 1,929,158,400. Ms. Hoa complained to Long Xuyen City People's Committee, Mr. Thi (authorized representative of Ms. Hoa) requested compensation for the land area to be sufficient for the area of ^{​​1,657.4m2} according to Land Use Right Certificate No. 00476QSDD/dA; compensation for the land area ^{of ​​265.2m2} from rice land to agricultural land and increase the compensation price of agricultural land to VND 3 million/ ^m2 . Minutes of the dialogue dated March 31, 2023, Mr. Thi withdrew the request to increase the compensation price of CLN land to 3 million VND/ ^m2 , agreed to adjust the compensation type from rice land to CLN land, and maintained the request for compensation for the full area of ^{​​1,657.4m2} . The Vice Chairman of Long Xuyen City People's Committee concluded: Agreed to adjust the compensation area of ^{​​265.2m2} from rice land to CLN land; rejected the request for compensation for the full area of ^{​​1,657.4m2} according to the Land Use Rights Certificate No. 00476/dA, issued by Long Xuyen City People's Committee on November 25, 2002 of Ms. Hoa.

Mr. Pham Ngoc Thi (authorized representative of Ms. Hoa)

On April 13, 2023, Long Xuyen City People's Committee issued Decision 685/QD-UBND to resolve the first complaint: Partially adjusting the content of Decision 791/QD-UBND, dated March 31, 2022 of Long Xuyen City People's Committee on compensation and support for Ms. Hoa in the amount of VND 136,312,800; rejecting the request for full compensation for the remaining land area according to Land Use Right Certificate No. 00476/QSDD/dA, issued by Long Xuyen City People's Committee on November 25, 2002 with an area of ^{​​1,657.4m2} .

Ms. Hoa filed a complaint with the Provincial People's Committee (represented by Mr. Thi), requesting compensation for an additional area of ^{​​527.1m2} ( ^1,657.4m2 - ^1,040.4m2 - ^89.8m2 ). On April 16, 2024, the Provincial Inspectorate chaired the meeting with specialized agencies and agreed to report to the Provincial People's Committee to propose: Assign the Long Xuyen City People's Committee to direct the City Inspectorate to conduct an inspection of the issuance of Land Use Right Certificate No. 00476QSDD/dA, dated November 25, 2002 to Ms. Hoa. After the inspection conclusion, the Provincial Inspectorate advised the Provincial People's Committee to resolve Ms. Hoa's complaint according to regulations. According to the inspection conclusion, the issuance of Land Use Right Certificate No. 00476QSDD/dA, dated November 25, 2002 to Ms. Hoa was not in accordance with the actual land use status, the area of ^{​​527.1m2} is irrigation canal land managed by the State, so the People's Committee of Long Xuyen City did not compensate Ms. Hoa in accordance with the regulations, and requested Ms. Hoa's household to comply with the State's compensation regulations.

The Le Trong Tan Road Construction Project, Long Xuyen City People's Committee reclaimed and compensated an area of ^{​​1,040.4m2} according to actual measurements for Ms. Hoa, in accordance with the provisions of Clause 1, Article 6, Regulations on compensation, support and resettlement when the State reclaims land in the province (issued with Decision 33/2018/QD-UBND, dated October 9, 2018 of the Provincial People's Committee) "If the actual measured area is smaller than the area recorded on the land use right papers, compensation shall be made according to the actual measured area". Therefore, Decision 685/QD-UBND, dated April 13, 2023 of the Chairman of Long Xuyen City People's Committee resolving the first complaint rejecting the request for full compensation for the remaining land area according to the Land Use Right Certificate No. 00476/QSDD/dA, issued by Long Xuyen City People's Committee on November 25, 2002, is in accordance with the regulations. Ms. Hoa's continued complaint requesting additional compensation for an area of ​​527.1 square meters is unfounded.

At the citizen dialogue on March 6, 2025, chaired by Deputy Chief Inspector Khuu De Danh, after listening to the explanation of the Long Xuyen City People's Committee, the provincial departments and the dialogue chair, Mr. Thi's household still maintained the request for additional compensation for an area of ^{​​527.1m2} . Based on the conclusion of the Provincial People's Committee in Official Dispatch 782/VPUBND-NC, dated February 18, 2025, the Provincial Inspectorate will advise the Provincial People's Committee to issue a decision to resolve the second complaint in the direction of rejecting the complaint request; maintaining the original decision to resolve the complaint of the Long Xuyen City People's Committee.

KN

Source: https://baoangiang.com.vn/doi-thoai-giai-quyet-khieu-nai-cua-ba-tran-thi-lien-hoa-a417727.html