Waiting for Land Exchange: Over 20 Years of Anticipation

Residents of Phong Phu commune, Binh Chanh district, Ho Chi Minh City, handed over their land in 2004 but have still not received their exchanged land.

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Recently, the people of Phong Phu commune (Binh Chanh district, Ho Chi Minh City) sent a letter to Nguoi Lao Dong newspaper to reflect on the issue of Phong Phu Industrial Zone Joint Stock Company (hereinafter referred to as the Company) not handing over the exchanged land according to the agreement.

Broken promise

Ms. Pham Thi Hai (representing Mr. Le Van Nhieu’s family) said that her family had over 3,000 square meters of agricultural land. In 2004, after handing over the land, the Company promised to exchange 2 plots of land with an area of over 200 square meters, but up to now, the Company has not transferred the 2 plots of land as agreed.

“My family has complained many times, and the Company has also promised many times but has not implemented it. Recently, the Company proposed to pay money instead of the land with a price of 55 million VND/square meter, then continued to break the promise and finally remained silent…” – Ms. Hai expressed her frustration.

Meanwhile, Ms. Nguyen Thi Qui (representing Mrs. Nguyen Thi Dac’s household) reflected that her family had 3,179 square meters of agricultural land and a house located in the project. In 2004, her family voluntarily demolished the house and architectural elements to hand over the site to the Company. According to the compensation plan, after handing over the land, the Company would exchange 2 plots of land with an area of 254.32 square meters in the resettlement area with complete infrastructure. However, the Company only handed over 1 plot of land with an area of 100 square meters. The remaining plot of land has not been transferred yet.

After many complaints, the Company proposed to pay in cash with an amount of over 8 billion VND. However, later on, the Company did not pay the money, nor set a payment deadline, instead choosing to remain silent despite Ms. Qui’s plea for help.

“I have learned that the Phong Phu Industrial Zone project has been mortgaged to a bank. This bank has repeatedly auctioned off 18 debts secured by the project Phong Phu Industrial Zone and has now transferred it to an entity. Therefore, I hope that the competent authorities will intervene to urge the Company to fulfill its commitments, if not, return the land to the people” – Ms. Qui requested.

The people of Phong Phu commune impatiently wait to receive the exchanged land.

Avoidance

After many contacts with Phong Phu Industrial Zone Joint Stock Company, Mr. Do Huu Phuoc, Director of Communication, sent a document from the Binh Chanh district People’s Committee to the reporter. It included a request for residents to contact the Company for resolution (?).

The Compensation and Site Clearance Board of Binh Chanh district said that the residents also submitted many complaints to the functional agencies of Binh Chanh district. The Compensation and Site Clearance Board of Binh Chanh district, Binh Chanh district People’s Committee has sent many documents requesting Phong Phu Industrial Zone Joint Stock Company to soon hand over the exchanged land to the residents, but up until now, the Company has not had a plan for handover. “We have continued to request the Company to hand over 201 plots of land to the residents in 2024” – a representative of the Compensation and Site Clearance Board of Binh Chanh district said.

Also according to the representative of the Compensation and Site Clearance Board of Binh Chanh district, the project invested in the construction and operation of technical infrastructure of Phong Phu Industrial Zone was issued a decision to revoke land by the Chairman of Ho Chi Minh City People’s Committee in 2002 and a decision to approve the compensation plan in 2004. The reclaimed land area is 1,401,699 square meters, the total number of affected households is about 432 households (estimated data due to incomplete investigation of the current situation). Compensation files and support have been established for 365 households, including money disbursement for 351 households; 14 households (40,850.7 square meters) have not been paid yet; 67 households (including the area within the boundary of Trinh Quang Nghi Street) have not had compensation files and support. The total number of households that have been handed over land is 351 households, with an area of 1,205,056.56 square meters. The remaining area has not been reclaimed: 118,981.44 square meters (81 households)…

Not compensated yet mortgaged

In 2019, the Ho Chi Minh City Inspectorate issued Conclusion No. 23/KL-TTTP-P5 on compliance with legal regulations in the implementation of the investment project for the construction and operation of technical infrastructure of Phong Phu Industrial Zone.

Specifically, the Ho Chi Minh City Inspectorate determined that the investor of Phong Phu Industrial Zone Project has not completed the compensation and site clearance work, has not signed a land lease contract, has not been granted a certificate, but has unilaterally decided to use land as collateral for bank loans to serve its own purposes, without being recorded in the accounting books and financial reports of the unit.

In relation to this, the Binh Chanh district People’s Committee has also proposed to the Ho Chi Minh City People’s Committee to promptly review and give directions on Conclusion No. 23/KL-TTTP-P5 of the Ho Chi Minh City Inspectorate for implementation basis.