Land clearance is difficult
The project to renovate and expand National Highway 46 from Nam Giang commune to Nam Dan town (Nam Dan district, Nghe An), with a total investment of 500 billion VND from the central medium-term capital, is currently facing the risk of being behind schedule due to problems in site clearance (GPMB).
According to Nam Dan District People's Committee, only about 6km/10.69km of the route length has been handed over so far (56%). The remaining site is facing many difficulties and problems, while according to the requirement, the site must be handed over in May, ensuring the project completion progress in 2025.
One of the outstanding issues today is how to determine and apply compensation prices for garden land and ponds attached to residential land. According to the new regulations in Decision No. 33/2024/QD-UBND of Nghe An province, this land plot is compensated at three times the agricultural land price (equivalent to 150,000 VND/m2). This price is much lower than the old policy stipulated in Decision No. 24/2022/QD-UBND - in which people are also supported with an additional 50% of the difference between residential land prices and agricultural land prices.
Within the project scope, there are 202 households whose plots of land are recognized as completely residential land, while the remaining 338 households have both residential land and garden and pond land.
This has caused households with garden land in the same plot of residential land to disagree because they think their rights are affected. The next problem is how to determine whether the recovered land is residential land or garden land in cases where only a part of the land plot is recovered.
Although Decree 88/2014/ND-CP mentions this issue, it still lacks specific guidance. Decision 33/2024/QD-UBND of Nghe An province did not clearly stipulate, causing the process of counting and determining land types to be controversial, delaying the approval of compensation plans.
Not only houses, within the scope of land acquisition, there are also 5 sub-projects to relocate technical infrastructure such as lighting, medium - low-voltage power, urban trees, telecommunications infrastructure and domestic water pipes. These projects are managed by many different management units, each unit has its own process and authority, making coordination and implementation very complicated.
For example, the lighting system on both sides of the road is about 21km long, but so far only 6km has been relocated. The medium and low voltage power project, although signed a contract with the contractor, has not been able to be implemented due to land clearance problems. Similarly, domestic water roads and telecommunications infrastructure are still being urged to be proactively relocated, but the progress is slow.
Proposed solutions
Another reason is clearly stated that Nam Dan district does not have a Land Fund Development Center, the site clearance is mainly done by the Department of Agriculture and Environment. Meanwhile, the project affects hundreds of households living and doing business along National Highway 46 - a place with high profit value, leading to a mentality of not wanting to relocate or high compensation requirements.
In addition, the transition between the old Land Law and the 2024 Land Law (effective from January 1, 2025) has caused the issuance of guiding documents, unit price regulations, etc. to be slow and unsynchronized. It was not until the end of October 2024 that Nghe An province issued new decisions on compensation, support and unit prices - greatly affecting the progress of legal procedures.
To solve this situation, the People's Committee of Nam Dan district has proposed that the Provincial People's Committee consider issuing a supplementary support policy for households with garden and pond land in the same residential plot, ensuring benefits equivalent to the old regulations.
At the same time, it is recommended that the province report to the Ministry of Agriculture and Environment for clear guidance on how to determine land types in cases of partial land acquisition.
