Name of recommendations: Solving problems related to compensation for land clearance in Quang Tri province for planting of the Macadamia trees and development project in Tan Hop Commune, Huong Hoa District, Quang Tri Province.

Status: Has not been responded

Recommended by units: My Anh - Khe Sanh Co., Ltd

Official letter: 2708/PTM - VP, dated: 2017-10-10

Recommended contents:

My Anh - Khe Sanh Co.,Ltd was granted an Investment Certificate by Economic Zone Management Board of Quang Tri Province on October 17, 2014 to carry out the project of planting and developing Macac trees in Tan Hop Commune, Huong Hoa District, and Quang Tri Province. By 2015, the company has compensated, supported the land and assets on the land for 81 households and was the Department of Natural Resources and Environment of Huong Hoa District, The People's Committee of Tan Hop Commune handed over the field boundary to conduct reclamation of the project. However, in January 2016, the households of Pro Village - Huong Tan Commune and Moi village - Dak Rong prevented the company from reclamation. The company informed the local authorities and after many written documents sent, on August 3, 2016 Department of Natural Resources and Environment issued Report No. 1870 / BC-STNMT confirmed the process of inventory, compensation and support for wrong object.  The property of Pro Village and Moi village, but the inventory and compensation were carried out for people in Tan Hop Commune;

People's Committee of Huong Hoa District has got writen documents to request the Company to provide a part of the fund to pay. The Company continued to provide compensation and support for assets on land for 11 households in Pro Village and 36 households in Moi Village on 8 August, 2016. On the same day August 8, 2016, the People's Committee of Huong Hoa District reported 184 / BC-UBND identified in Pro Village area has only 12 farming households and the company completed the payment of compensation. There were 14 households in Pro Village continued to dispute and at the meeting on October 17, 2016, the People's Committee of Huong Tan affirmed that there were 14 households in Pro Village were not implemented the inventory of property and requested to do the inventory and the compensation.

. More villagers of Moi Village claimed to be compensated for barbed fences and ghost forest fences, There were 03 households in Ta Du Village and one household in Moi Village that disputed and claimed for asset’s compensation. The company also compensated fences and ghosts forest for people here.

On May 11, 2017, the People's Committee of Quang Tri Province held a meeting to solve the problems in land allocation for My Anh - Khe Sanh Co., Ltd chaired by Mr. Ha Sy Dong - Vice Chairman: The compensation paid to the Tan Hop households is completely in accordance with the law. The People's Committee of Huong Hoa District is wrong in terms of ownership of the property of Pro and Moi Village, but compensation for the households in Tan Hop Commune is wrong, it causes multiple times compensation over a land area. Relating to 14 households in Pro Village, the provincial leaders asked the DPC to request the company to support the district; clearly saying about the risen cause and committing no more support and compensation for ground clearance. If it arises, the People's Committee of District shall be responsible for solving the matter and shall not be under the responsibility of the Company.

- The People's Committee of District had two documents requesting the company to supplement the support funds, but not all the guidance content of the provincial People's Committee; The People's Committee of District has not yet identified 14 households who have invaded any of the farms previously compensated by the Company; assets inventory records do not show the lot number or plot number, so the company has no basis to transfer money to the DPC. Some households did not hand over the land even though the company has completed the compensation and assistance. The company has sent a request to the People's Committee of Huong Hoa District, but has not received a reply.

In addition, the company also found some other problems:

- It is proposed to clarify 07 households that not included in Decision No. 109 / QĐ-UBND dated February 18, 2009 and No. 4346 / QD-UBND dated December 30, 2013, but it is included in decision No. 4981 / QĐ-UBND dated April 16, 2014 and the dossier was submitted by the Natural Resources and Environment Department of District and the Land Development Center.

- Minutes of asset inventory of households in Luong Le Hamlet - Tan Hop Commune have no signatures of the property owner, do not have enough information: the date of the inventory, the area of the land plot, the signature is not the same. The total amount of money without signature is VND 2,065,175,000

- The Company requests the Department of Natural Resources and Environment and the Center for Land Development to complete the finalization documents in order to complete finalization dossiers according to regulations in order to  the Company pay expenses for the land recovery and clearance dossiers but these two units haven’t performed.

- People's Committee of the province directed the People's Committee of Huong Hoa District to check and refund the Company amount of compensation and support 2 times on the same land but the district has not implemented

To request the PPC to direct the re-determination of the whole area of leased land, the boundary of the land to have a treatment plan. If the land is natural, then the provincial People's Committee is requested to withdraw the land for management and other area compensation to the Company. At the same time, the company will pay back the compensation on the forest land area to the Company.