No decision to reclaim land, still taking land from people to give to wind power enterprises

Ms. Luu Thu Trang's land has been fenced off and used by the wind power investor. Because there has been no decision to reclaim the land, this land is still legally Ms. Trang's land - Photo: CHI QUOC

Land belongs to people but investors use it

According to the case file, on December 10, 2020, the People's Committee of Hoa Binh district issued Decision 1915 to reclaim land from the Inter-district Forest Protection Department in Vinh Lac Hamlet, Vinh Thinh Commune, including land of Ms. Luu Thu Trang (residing in Cai Cung Hamlet, Long Dien Commune, Dong Hai District, Bac Lieu ) to hand over to the investor to implement the Hoa Binh 2 wind power project, with a reclaimed area of more than ^23,000m2 .

However, on January 4, 2021, the People's Committee of Hoa Binh district issued Decision No. 05 to revoke and cancel Decision 1915 on the grounds that "it was not issued in accordance with the procedures prescribed by law".

"Thus, up to now, there has not been any effective land recovery decision for my land. In principle, it is still under my legal right to use. However, they still took a series of steps to hand over this land to the wind power investor.

On June 15, 2023, they forced my husband to accept the compensation and support of 2.5 billion VND. I did not agree so I did not sign the money receipt," said Ms. Trang.

Ms. Trang also expressed her indignation that although on February 4, 2021, the People's Committee of Bac Lieu province issued Decision No. 67 authorizing the People's Committee of Hoa Binh district to issue a decision to recover and approve compensation, support and resettlement plans for organizations, households and individuals affected by the Hoa Binh 2 wind power plant investment project, since the beginning of January, the People's Committee of the district issued the above Decision No. 1915 to recover her land, which is a very unusual act of "putting the cart before the horse".

According to Ms. Trang, by 2023, the investor had completed installing 12 electric poles on her entire land and now they have fenced it off. She opened the wind power investor’s fence to cultivate on her land, but the authorities came and forced her out of the land.

The court lost, the district has not executed the judgment for nearly half a year.

Although the People's Committee of Hoa Binh district has not yet executed the judgment since May 2024, the People's Court issued a decision to enforce the judgment on October 7 - Photo: CHI QUOC

Too upset about the above incident, Ms. Trang filed a lawsuit against the administrative acts of land management of the People's Committee of Hoa Binh district and the Chairman of the People's Committee of Hoa Binh district.

At the first instance trial on May 21, 2024, the panel of judges determined that after the authorization decision of the Bac Lieu Provincial People's Committee, the Hoa Binh District People's Committee should have issued a decision to reclaim land for the entire land area affected by the Hoa Binh 2 wind power project, including the land area of Ms. Trang's household.

Then the Chairman of the District People's Committee issues a decision on compensation and resettlement support when reclaiming new land in accordance with the provisions of law.

The Court also held that the Chairman of the People's Committee of Hoa Binh district issued Decision 365 dated March 25, 2021 on announcing the compensation and support levels for Ms. Trang's household, which was not in accordance with the order, procedures, land recovery, compensation, support, and did not fully perform the tasks authorized by the People's Committee of Bac Lieu province.

From there, the trial panel declared: forcing the People's Committee of Hoa Binh district to issue a decision to reclaim the land plot of Ms. Trang's household. The court also declared to cancel Decision 365 of the Chairman of the People's Committee of Hoa Binh district, forcing the Chairman of the People's Committee of Hoa Binh district to issue a decision to pay compensation and support the value of assets invested in land on Ms. Trang's land plot.

After the court's verdict, the People's Committee of Hoa Binh district still did not implement it. On October 7, 2024, the People's Court of Bac Lieu province issued a decision to enforce the administrative judgment, forcing the People's Committee of Hoa Binh district and the Chairman of the People's Committee of Hoa Binh district to enforce the above judgment.

At the press conference on October 8, Tuoi Tre Online asked a number of questions related to the above issue.

Chairman of Bac Lieu Provincial People's Committee Pham Van Thieu requested Hoa Binh District People's Committee to respond in writing to Tuoi Tre Online reporter about these issues. However, in the written response to the reporter signed by Vice Chairman of Hoa Binh District People's Committee Ma Thanh Phuong, it only stated:

"To implement the judgment, the People's Committee of Hoa Binh district has directed specialized agencies to advise the People's Committee of the district to review procedures related to land recovery, develop compensation and support plans to implement the court's judgment in accordance with legal regulations, ensuring the legitimate rights and interests of the people."

The Hoa Binh 2 wind power plant project is invested by Hoa Binh 2 Wind Power Investment Company Limited. This is one of seven wind power projects in Bac Lieu that was put into commercial operation before the FIT price incentive expired on November 1, 2021.

Source: https://tuoitre.vn/khong-co-quyet-dinh-thu-hoi-dat-van-lay-dat-cua-dan-giao-doanh-nghiep-dien-gio-20241010171625032.htm