The land acquisition case of the National University of Ho Chi Minh City project did not compensate: People won the case

Acquiring 512m2 of land but only compensation for property

The People’s Court of Binh Duong province has just issued a first-instance judgment in the case of Ms. Le Thi Kim Su (living in Dong Hoa Ward, Di An City, Binh Duong Province) complaining about an administrative decision on the announcement of compensation for properties on land to Clearance Construction project of Vietnam National University Ho Chi Minh City and decision to solve complain.

The defendants in this case are the People’s Committee of Di An City and the Chairman of the People’s Committee of Di An City, Binh Duong province. The legal representative of the defendant is Mr. Vo Anh Tuan – Vice Chairman of the People’s Committee of Di An City.

As VietNamNet reported that Ms. Su owns 512m2 of land in Dong Hoa Ward, Di An City. This land belongs to the planning project to build Vietnam National University, Ho Chi Minh City. In which, there is 140m2 of residential land and 372m2 of agricultural land.

Regarding the origin of land, this 512m2 of land belongs to a land plot of 912m2 granted by the local government Certificates of land use rights to Ms. NTV in 1998. In 2001, Ms. Su received the transfer of the right to use 512m2 of land from Ms. NTV and was certified by the People’s Committee of Dong Hoa Commune, Di An District (now Dong Hoa Ward, Di An City).

By May 2009, the team of experts on construction projects HCM city national university conduct an inventory of the current status of land and assets on the land of Ms. Su’s household to serve the work of compensation, support and resettlement.

On that basis, in September 2009, the People’s Committee of Di An City issued a decision to confirm the value indemnify Su’s household is 202 million VND, including the value of architectural works, trees and crops and 1 million VND of support.

Disagreeing with this price, Ms. Su asked to re-invent the property and compensate for the land area she owns. After 2 times of applying additional prices in 2010 and 2011, the total amount of compensation for property on Ms. Su’s land is 654 million VND.

According to Ms. Su, she accepted the price of compensation for properties on land as mentioned above and received the money. In the working minutes, she repeatedly asked the council to pay compensation for the land and enjoy the land resettlement according to the law.

What makes her more pressing is that from the land plot that Ms. NTV transferred, two other households were compensated for the land and granted a resettlement land allowance, while Ms. Su was only compensated for the property on the land. no compensation for land and no land for resettlement.

The incident lasted and in May 2020, Ms. Su submitted an application to the Council for Compensation, Support and Resettlement of the Construction Project of Vietnam National University Ho Chi Minh City to solve problems such as: Compensation for land , granted 1 resettlement land rate and bought an additional resettlement rate because of the large family size.

Because the panel replied that there was no basis to consider the proposals, Ms. Su continued to complain. On December 18, 2020, Mr. Le Thanh Tai – Chairman of the City People’s Committee. Di An has decided to reject Ms. Su’s complaint. After that, Ms. Su sued the administrative decisions of the People’s Committee of Di An City to court.

In the process of accepting the case, the People’s Court of Binh Duong province asked the People’s Committee of Di An City to answer two questions, that is: The 512m2 of land that was recovered under the management of Ms. Su has settled compensation for individuals and organizations. yet? Is there compensation for Ms. LTV?

In a document presenting his opinion to the Provincial People’s Court, Mr. Vo Anh Tuan said that in 2001, Ms. LTV transferred 952m2 of land to 3 households. Specifically, Ms. NTN received the transfer of 220m2, when land recoveryMrs. NTN was compensated for land of 220m2 and granted a resettlement rate of 100m2;

Ms. D.TA received the transfer of 220m2, when recovered, she was also compensated for land of 150m2 and was granted a land rate for resettlement at a preferential price; 512m2 of Mrs. Su’s household is not compensated for land (!?).

“The area of ​​512m2 that Ms. Le Thi Kim Su is managing is not yet settled for compensation to any individual or organization. Currently, Ms. V. has not been compensated for this area, ” Mr. Vo Anh Tuan answered the People’s Court of Binh Duong province.

Compensation type… arbitrary

Along with the above presentation, Mr. Vo Anh Tuan had a written request to settle his absence, so the Trial Panel of the People’s Court of Binh Duong province still conducted the trial in accordance with the Law. Administrative proceedings.

At the first-instance judgment, the People’s Court of Binh Duong province said, based on Law of the Land 1993, 2003 and related regulations, Ms. Su is eligible for compensation for land loss when the State recovers.

On the other hand, the land of two households with the same origin received the transfer from Ms. NTV like Ms. Su’s case, but they were compensated for the land and arranged for resettlement. Therefore, the People’s Court of the province said that the People’s Committee of Di An City did not apply the price of compensation, land support and resettlement arrangement for Ms. Su.

With two decisions to announce the compensation for property on land and to supplement the compensation for Ms. Su, the People’s Court of Binh Duong province said that it was not under the jurisdiction of the People’s Committees of Di An district and Di An city later.

In addition, the fact that the People’s Committee of Di An City did not issue a decision to recover 512m2 of land from Mrs. Su’s household, which is currently managing and using, and without compensation, support and resettlement, is not in accordance with regulations.

According to the People’s Court of Binh Duong province, the Council for Compensation, Support and Resettlement of the Construction Project of Vietnam National University, Ho Chi Minh City, said that “there is no basis to settle” the application for consideration of compensation for land and allocation of land for regeneration. Ms. Su’s settlement is not suitable. Because, Mrs. Su’s land is “eligible for compensation for land” according to regulations.

On that basis, the People’s Court of Binh Duong province accepted Ms. Su’s petition. Announcement of administrative decisions on announcement of compensation for property on land, settlement of complaints about compensation for land and allocation of resettlement land by the People’s Committee of Di An City and the Chairman of the People’s Committee of Di An City for households Mrs. Su.

Mr. Phuong