Why was Mrs. Xuan's house in Ai Quoc ward not compensated or supported for site clearance?

According to Ms. Xuan, in 1999, her family bought a piece of land next to Cau Trang River to do farm business. This land was reclaimed by Ms. Nguyen Thi Nhi's family in 1981. At the time of construction, Ms. Xuan received the consent and permission of the People's Committee of Ai Quoc Ward (at that time, Ai Quoc Commune).

When Ms. Xuan bought it, there were 4 temporary sheds on the land used to raise chickens and ducks, and a part of the area was used to grow fruit trees. Because the land was low-lying, Ms. Xuan's family invested in renovating and building embankments to prevent subsidence and erosion. At the same time, they built 20 barns for raising livestock and a maintenance building. In November 2021, Ms. Xuan received information from the Ward People's Committee asking her family to dismantle the construction to build a road.

Ms. Xuan said that her family agrees and supports the road construction policy but hopes that authorities at all levels will consider the level of compensation for site clearance. Over the past 25 years, her family has spent hundreds of millions of dong investing and renovating the above land. Meanwhile, from 2017 to now, livestock farming has encountered many difficulties and losses. The money borrowed for livestock farming and production has not been fully repaid. In March 2023, the People's Committee of Ai Quoc Ward invited family representatives to a meeting and announced that Ms. Xuan's family would not receive support. "It has been 25 years since I bought the land and built livestock barns, but I have never been warned or punished. Over the years, my family has invested all their time, effort, and money in this land. Therefore, competent authorities need to consider and create conditions to support and compensate my family," Ms. Xuan said.

Speaking to reporters, the leader of Ai Quoc Ward People's Committee affirmed that Ms. Xuan's request for support and compensation for land clearance for the above land area is baseless. The land area that her family is using for livestock barns is encroached land, originating from the land of the protection corridor of irrigation works. Therefore, the land plot that Ms. Xuan is using was not measured and shown on the cadastral map in 1998 and 2010. This land plot does not have a land use right certificate. Ms. Xuan's claim that the previous Ai Quoc Commune People's Committee agreed to build the barn also has no documents or records to prove it.

According to the People's Committee of Ai Quoc Ward, the locality implemented the project to expand the Cong Trung - Cau Trang road with the motto of the State and the people working together. People donated land to expand the road and the construction cost came from the budget. Up to now, 18 households have volunteered to demolish the construction and donate land for road construction; only Mrs. Xuan's household and 1 other case did not comply with the policy but requested compensation and support. The People's Committee of the ward is actively propagating and mobilizing these 2 households to agree for the common goal. In addition, the ward is also researching and considering support plans from social mobilization sources. However, the level of support must be appropriate to the actual conditions and situation, not according to the requests of the households.

According to the Hai Duong City Land Clearance Board, determining compensation and support for land clearance must be based on the origin of the land. If the land is in the protection corridor of irrigation works, it will not be compensated or supported when the State reclaims the land.

Thus, Ms. Xuan's case violates Clause 1 and Clause 2, Article 12 of the Land Law. In addition, based on the compensation principle, land originating from the protection corridor of irrigation works is not eligible for land use certificates, so compensation for site clearance is not available. Decree 47/2014/ND-CP of the Government regulating compensation, support, and resettlement when the State acquires land and Decision 37/2014/QD-UBND of the People's Committee of Hai Duong province promulgating regulations on compensation, support, and resettlement in the province consider support when there are investment costs in land but on the condition that it does not violate the planning and land use plan. Therefore, Ms. Xuan's house is not considered for support. As for the plan of the People's Committee of Ai Quoc ward to study support from socialized sources, it is not included in the provisions of the law, so the ward can apply it flexibly to create consensus.