Many decisions are not in accordance with regulations
The inspection conclusion on law compliance in the process of implementing the Tuoi Hong Kindergarten project, Bac Lieu ward, Ca Mau province, invested by Tam Hong Construction - Trading and Service Co., Ltd., pointed out a series of errors in land acquisition, compensation, support and resettlement.
Decision No. 539/QD-UBND dated June 25, 2013 of the Chairman of Bac Lieu City People's Committee approving the compensation, support, and resettlement plan was determined to be issued without proper authority according to the provisions of Decree 69/2009/ND-CP.
The determination of the compensation capital source from the state budget to repay to investors is not in accordance with regulations. The project is eligible for land use fee exemption, so there is no basis for repayment in the form of deduction of financial obligations for land.
Some compensation plans and payment decisions have not fully implemented compensation for land and assets on land according to regulations. These shortcomings have become one of the reasons leading to prolonged complaints and lawsuits of households in the project area.
Some land acquisition decisions for households within the project scope were issued without proper authority. This is also one of the contents that was later sued by people in court.
Although the project has been handed over to the investor, the area that has not been completed for site clearance is still laxly managed. Many business, trading and temporary construction activities appear on the project land.
The inspection conclusion clearly stated that the Finance - Planning Department of Bac Lieu City previously issued a business household registration certificate on the land area within the project scope. This business establishment operates on the land area being cleared, causing additional difficulties for the land recovery and site clearance process later.
Not only issuing decisions that are not in accordance with regulations, but also advising on handling cases after a court ruling is issued is also slow. Many years have passed, the existing problems related to site clearance have not been completely resolved.
Project lasting more than 13 years, investors lose opportunities
Errors in land acquisition, compensation, support and resettlement have led to many prolonged administrative complaints and lawsuits.
Some administrative decisions related to the project were declared invalid by the High People's Court in Ho Chi Minh City. However, the implementation of the contents according to the legally effective judgments was not implemented in a timely manner, causing obstacles to continue for many years.
The Tuoi Hong Kindergarten project was granted an investment certificate in 2013, with an area of more than 7,700m2, total investment capital of more than 101 billion VND. According to the initial plan, the project would be completed after about 2 years.
However, after more than 13 years, the project still does not have a clean site to implement. By the time of inspection, there were still 10 households that had not received compensation and support money and had not handed over more than 5,126m2 of land. Meanwhile, the area handed over to the investor was only about 2,999m2.
The slow resolution of existing problems in site clearance not only prolongs the project implementation time but also directly affects the legitimate rights and interests of investors.
Due to not being handed over a clean site according to the schedule, businesses cannot implement projects according to the investment certificate that has been issued; investment resources are buried for a long time, generating many costs and losing investment opportunities.
Representatives of the investor said that the business has been pursuing the project for many years but could not implement it because the site has not been handed over. "The project is behind schedule not because of the investor's fault but due to problems in site clearance. We hope that functional agencies will soon resolve it thoroughly so that the project can be implemented," said the business representative.
The inspection conclusion identified the main reasons leading to the prolonged project being the responsibility of agencies and units assigned to carry out land acquisition, compensation, support and resettlement; the advice on handling arising problems was not timely and thorough.
From the discovered shortcomings, the inspection agency proposed that the Chairman of the Provincial People's Committee consider reviewing the responsibility of the Bac Lieu City People's Committee in the past and related organizations and individuals in advising and issuing decisions that were not in accordance with regulations, and at the same time slow to handle obstacles leading to the project being prolonged for many years.
Bac Lieu Ward People's Committee is assigned to organize a review of the responsibility of the Head of the Finance - Planning Department of Bac Lieu City for the issuance of business household registration certificates; Bac Lieu City Department of Natural Resources and Environment, Bac Lieu City Compensation Council in the preparation and submission for approval of compensation, support, and resettlement plans that are not in accordance with land law regulations; slow to advise and propose to Bac Lieu City People's Committee to implement the preparation and approval of compensation, support, and resettlement plans for the remaining land area to be allocated to investors from the time of the People's Court's judgment to date.
The Ca Mau Provincial Inspectorate also proposed that the Ca Mau Provincial People's Committee direct relevant agencies and units to soon remove difficulties for the project.
