From the end of 2024 to the beginning of 2025, in Vinh Cuong commune (Thanh Ha), there are 4 households building houses and factories in the area expected to be cleared for the implementation of the Lao Cai - Hanoi - Hai Phong Railway Project (railway project).
Notably, the factory of more than 1,000 m² of Mr. Pham Van Manh's family in Vinh Ninh village, which started construction at the end of 2024, has now been completed. Mr. Manh said that his family had received information about the railway passing through the area for a long time, but did not know exactly where it would affect which part of the land.
“We built on land that had been granted a land use right certificate in advance. When a customer asked to rent the factory, I decided to build to take advantage of the land and develop the economy . If the railway line is affected in the future, my family is ready to comply with the State's regulations,” said Mr. Manh.
Not only Mr. Manh's family, 3 other households in Vinh Cuong commune have been building works on land areas with land use right certificates. According to the representative of Vinh Cuong commune People's Committee, the land use right certificates provided by the people did not clearly define the residential land, leading to the households choosing their own locations to build. At the time these households built, the railway project had not yet been laid out, marked specifically, there was no decision to reclaim the land, nor had it been inventoried, compensated for site clearance, so the commune government had difficulty having a legal basis to claim that the households violated the land belonging to the project.
Mr. Trinh Duy Loc, Chairman of Vinh Cuong Commune People's Committee, said that the households building within the project area cannot be hastily concluded that it is for the purpose of taking advantage of compensation. Most of them build to meet the actual needs of housing or to develop production. Moreover, the construction is taking place in the context of no specific boundaries of the project, so it is very difficult to prevent it early.
By mid-March 2025, after the Thanh Ha District People's Committee issued a notice requesting localities with railway lines passing through to strengthen the management of land status within the project area, Vinh Cuong Commune urgently implemented many solutions. The commune organized propaganda and dissemination to people in villages with land affected by the project, requesting to maintain the current status of the land, not to build or renovate works, not to plant perennial trees or divide land plots in the area planned for site clearance.
The commune also reviewed the entire affected land area according to the preliminary land clearance boundary records handed over by the functional unit. Accordingly, the railway section passing through the commune is about 3.7 km long, directly affecting 58 households that need to be relocated and resettled; along with 238 households with agricultural land affected, including the 4 cases above.
“At this time, when the preliminary boundaries of the project are available, we require cadastral officers, commune police, unions and village party cells to closely coordinate to inspect and supervise the field. Any cases of construction or tree planting within the project area will be promptly handled. We clearly assign responsibilities to each individual so that no violations are missed,” said Mr. Loc.
Vinh Cuong Commune has sent a notice from the District People's Committee to each household in the affected area, requesting them to sign a commitment to maintain the current status of the land.
According to the cadastral officer of Vinh Cuong commune, it is inevitable that people will access "vague" and even unofficial sources of information, causing them to be confused or act in a "one-step-ahead" direction to enjoy their rights. However, the administrative boundary structure and population characteristics of Vinh Cuong commune also create additional pressure on management work. Many households have lived in long-standing settlements, have blood relations, and land has been divided over many generations. Some families have 3-4 generations living together, so it is understandable that they need to build new structures to ensure their daily life.
According to Mr. Tran Van Tam, Head of the Department of Agriculture and Environment of Thanh Ha district, at the time the households built the project, boundary markers had not been set up and there was no notice of land reclamation. Therefore, there is no basis to determine that these households violated the land belonging to the project.
Vinh Cuong commune needs to tighten land management so that people can improve their understanding and not violate construction within the scope of the railway project.
Lawyer Nguyen Thanh Hai, Head of Bao Cong Law Office (Hai Duong City) said that in cases where households build structures or plant trees for the right purpose of land use before marking and determining the coordinates and expected boundaries of the project, there is not enough basis to conclude that they intentionally plant trees or build to take advantage of compensation, support and resettlement policies. Only when they build structures or plant trees after the planning has been announced and marking the boundaries of the project is it determined to be a violation.
Source: https://baohaiduong.vn/siet-chat-quan-ly-dat-tuyen-duong-sat-lao-cai-ha-noi-hai-phong-qua-xa-vinh-cuong-thanh-ha-413921.html
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