Compensation for land damage falls short of expectations?

Despite the fact that the District Clearance Committee (DCC) of Hoa Vang district, Da Nang city, has not yet handed over the land, the construction unit has taken the initiative to bring machinery and equipment to level the residents' land.


Mr. Nguyen Xuan Luong (68 years old, residing in Thanh Binh ward, Hai Chau district, Da Nang city) has recently submitted a letter to Tien Phong newspaper and relevant authorities of Hoa Vang district regarding compensation for land clearance for the resettlement project in Hoa Phu commune, Hoa Vang district.

According to the content of the complaint, Mr. Luong’s family previously received a land transfer for parcel number 324, map sheet number 34, with an area of ​​3,238 m2 in Dong Lam hamlet (Hoa Phu commune, Hoa Vang district).

In September 2021, Mr. Luong’s family received a notification letter regarding the land recovery for the implementation of the West Ring Road resettlement project in Hoa Phu commune. According to the local government’s notification documents, Mr. Luong’s family had a measured area of ​​2,900 m2, and the project would recover 2,650 m2.

Due to the family’s complaint, by June 2023, the district’s Land Acquisition and Compensation Board announced the acceptance of adjustments to the land compensation figures, agreeing to a total land area of ​​3,238 m2 for Mr. Luong’s family and a recovery of 2,980 m2. However, the family did not accept the unclear basis for these adjustments.

Current state of the unrecompensed land area that has been cleared and undergoing resettlement project construction

According to Mr. Luong, since 2018, his family has planted trees and put efforts into taking care of the land. However, the estimated compensation value is only 157 million VND, which is too low and affects the family’s legitimate rights.

Despite that, when Mr. Luong’s family and the district’s authorities had not reached an agreement regarding the resettlement area, in March 2023, the family discovered that the construction unit had unilaterally cleared about 80% of the land area. The family’s cultivated trees on the land were also cleared. The boundaries and landmarks of the land were no longer visible.

Whose responsibility is it?

In an exchange with Tien Phong reporters, the leader of Hoa Vang district’s Land Acquisition and Compensation Board stated that the Board had prepared files for court proceedings if the residents filed a lawsuit.

Currently, the Board has not handed over the land of parcel number 324 to the Da Nang Infrastructure Construction and Investment Project Management Board (the project’s investor) and the construction unit. As the construction unit unilaterally cleared the land area without compensation, the Damage Compensation, Assistance, and Resettlement Council requested the Project Management Board to coordinate with relevant units to restore the boundary landmarks based on the original coordinates and measurements.

The West Ring Road project in Da Nang, with a length of over 19 km and a total investment of nearly 1,500 billion VND, started in September 2018 and was scheduled to be completed in December 2020. However, after multiple deadline extensions, the project still has not been completed on time. Meanwhile, the resettlement project for the ring road project has also been delayed, which has affected the lives of displaced households.

“It is wrong for residents to unilaterally clear the land. This responsibility lies with the construction unit,” said a representative of the Hoa Vang district’s Land Acquisition and Compensation Board.

In the explanatory document sent to the relevant authorities of Da Nang city and the People’s Committee of Hoa Vang district, Truong Son 532 Joint Stock Company (the construction unit of the Hoa Phu Resettlement project) stated that during the construction process of the road and drainage system of the project, the deputy team leader directly in charge of construction contacted Mr. Luong to request prior approval for construction at the affected land area, and Mr. Luong agreed.

During the construction process in March 2023, the construction unit received a notice from the Hoa Phu commune People’s Committee regarding the restoration of land boundary landmarks for Mr. Luong’s land.

“The construction unit is entirely responsible for its own mistakes in changing the original status of the family’s land. We sincerely hope that the family will facilitate the handover of the land so that the construction unit can complete the project on schedule and hand over the remaining affected land to the households in need of actual land,” stated the document from Truong Son 532 Company. However, the construction unit did not mention any measures or remedies for the affected residents.

According to Mr. Luong’s family, the construction unit did not contact them. Blaming the construction unit for the authorities’ mistakes is unfair, and the responsibilities of the local authorities in monitoring and supervising the project’s implementation should be clarified.

Mr. Luong also stated: The land acquisition for the resettlement project has violated the procedure, but when residents suggested completing the paperwork for the remaining area since it cannot be utilized, there was no attention given to it…

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