On November 25, the People's Committee of Khanh Hoa province sent an invitation to departments, agencies, and local leaders to listen to the report and resolve the petition of Song Da - Nha Trang Joint Stock Company related to the Tan Lap Islet Residential Area project (Nha Trang). According to the invitation, the meeting will take place tomorrow.
The invitation includes a report from the Department of Natural Resources and Environment regarding compensation and site clearance of the project.
The Department of Natural Resources and Environment said it had received information from the Nha Trang City People's Committee reporting that Tan Lap Islet Residential Area was not included in the list of land use projects and works according to the city's 2016 land use plan (approved by Khanh Hoa province in 2015).
Regarding this matter, the Department of Natural Resources and Environment recommends that Khanh Hoa province give its opinion and request Nha Trang City People's Committee to inspect and clarify the legal basis.
According to the Department of Natural Resources and Environment, it is necessary to clarify the previous matter (in 2016) when the city implemented compensation, support, and resettlement work, and issued a decision to reclaim land for site clearance when this project was not yet included in the land use plan.
If Nha Trang City People's Committee reports to Khanh Hoa province in accordance with the annual land use plan approved above, the province will consider the fact that Nha Trang City issued decisions to reclaim land from households and individuals in 2016 and decided to enforce against 3 cases... "in accordance with regulations".
Regarding the 39 cases that have not yet completed compensation and site clearance, the Department of Natural Resources and Environment believes that if the Tan Lap Islet Residential Area project is allowed to continue implementing compensation and site clearance, this is consistent with the transitional case as prescribed in the 2024 Land Law.
However, because of the 2003 decision of Khanh Hoa Provincial People's Committee issued at the time of implementation under the 1993 Land Law, the decision to recover common land includes organizations, households, and individuals currently managing and using the land within the scope of project implementation.
Therefore, when transferred according to the 2024 Land Law, the Department of Natural Resources and Environment found that in addition to the 2003 decision, it is necessary to ensure current records on compensation procedures... for national defense and security purposes; socio-economic development... according to the provisions of the 2024 Land Law.
The Department of Natural Resources and Environment also found that the Tan Lap Islet Residential Area project needs to review the scope of investment to ensure its suitability for the project subject to land acquisition by the State; ensure the basis for transitional implementation according to the provisions of the 2024 Land Law and continue to carry out compensation, support, resettlement, and land acquisition according to regulations.
Broken progress, please continue to extend
Most recently, at the end of 2023, Khanh Hoa Provincial People's Committee agreed on the content of the work that Song Da - Nha Trang Joint Stock Company must perform within 12 months from the date of extension of the progress of the Tan Lap Islet Residential Area project.
Since the extension from the end of last year until now, the progress of the Tan Lap Islet Residential Area project has been still in disarray, making it difficult to achieve the goal of completing the project as committed. After that, the investor's representative proposed that the locality extend the project implementation time.
The investor said that the lack of determination in site clearance procedures by local authorities was the reason why the enterprise could not complete construction investment procedures as committed.
