Not enough legal basis to reclaim land
On October 14, the Department of Agriculture and Environment of Khanh Hoa province said that the unit had issued a working record with relevant agencies on the compensation and site clearance plan for 32 households living on Nguyen Binh Khiem Street (Nha Trang Ward).
The meeting was attended by representatives of the Department of Agriculture and Environment, the Department of Justice, the Department of Finance and relevant agencies.
Previously, in the process of studying the expansion of the Provincial Party Committee - National Assembly Delegation - People's Council - People's Committee of Khanh Hoa province headquarters project (Khanh Hoa province headquarters project), the competent authority considered reclaiming the land of the above 32 households.
However, households have submitted petitions and expressed concerns about their rights being affected when the project is implemented.
According to the working minutes, when comparing the project with current legal regulations, the land of 32 households within the scope of head office expansion is not in accordance with the land planning for building agency headquarters according to the provisions of the 2024 Land Law.
Therefore, to reclaim land in this area, it is necessary to adjust approved land use planning and construction planning accordingly.
However, departments and branches have commented that the planning adjustment at the present time is " sensitive and difficult to achieve people's consensus".
At the end of the working session, the specialized agencies agreed: The project dossier currently does not have enough legal basis to carry out land recovery for the above 32 households.
Proposal to keep the status quo, not expand the project
In case the competent authority still has a policy of expanding the project, it is necessary to ensure the conditions for synchronous adjustment of plans such as: Nha Trang General Planning to 2040, zoning plan (1/2000 scale), detailed plan (1/500 scale), adjustment of investment policy and decision approving the project...
After completing these steps, Nha Trang Ward People's Committee - as the competent authority to reclaim the land - can determine the resettlement area, ensuring the legitimate rights of households.
However, in a recent report, the People's Committee of Nha Trang Ward proposed a plan to maintain the status quo and not expand the provincial headquarters project.
Specifically, it is proposed to locally adjust the planning of the land plot of 32 households along Nguyen Binh Khiem Street according to the current status of urban land where people are living.
If agreed, this option will help stabilize people's lives, avoid complaints, and reduce the pressure on the compensation and site clearance budget.
At that time, Nha Trang Ward People's Committee will preside over and coordinate with the Department of Construction and relevant agencies to implement the necessary planning procedures.
