Mai Pha New Urban Area Project: Listening to create consensus (part 2)

The location of the Mai Pha new urban area project was formerly the Mai Pha field and the old Mai Pha airport, the households used the land for agricultural cultivation. When the State recovered land to implement the project, many households did not agree to hand over the land because they thought that the compensation and support mechanisms and policies were inadequate.

Part 2. Problems in site clearance

 Notice of land acquisition for more than 600 cases

 On December 10, 2018, the People’s Council of Lang Son province issued Resolution No. 22/NQ-HDND on the list of projects requiring land recovery in 2019 in Lang Son province. Accordingly, Mai Pha new urban area project belongs to the list of projects that use land for rice cultivation, protection forest land and special-use forests for other purposes.

On the basis of reviewing the application for issuance of a notice of land acquisition of the investor of the Mai Pha new urban area project, in August 2020, the People’s Committee of Lang Son city issued 599 notices of land recovery for 603 households, individuals and 3 organizations with a total area of 91.73 ha according to the provisions of the 2013 Land Law. At the same time, the Committee established the Project Compensation, Support and Resettlement Council; established a working group for compensation, support and resettlement of Mai Pha new urban area project.

As of the beginning of June 2022, the compensation, support and resettlement working group of Mai Pha new urban area project has made measurement and tally documents for 212 households and 3 organizations with an area of 20.3 hectares; the number of households that have not been measured and counted is 391. The City People’s Committee has approved the compensation plan for 139 households with a total amount of more than 52.6 billion VND; has paid for 69 households with the amount of more than 17.3 billion VND, the land handed over to the investor is more than 4.5 hectares.

Mr. Tran Duc Tho, Director of Lang Son City Land Fund Development Center said: Mai Pha new urban area project belongs to the case where the State recovers land according to Article 62 of the Land Law 2013 (Land acquisition for socio-economic development for national and public interests); The land price used as a basis for compensation upon land recovery is the specific land price approved by the Provincial People’s Committee (according to the provisions of Article 114, the 2013 Land Law).

According to the regulations, when the State recovers agricultural land, in addition to being compensated according to the specific land price prescribed by the Provincial People’s Committee for each project, the person whose agricultural land is recovered directly engaged in agricultural production is entitled to the following subsidies such as support to stabilize life and production; support training, career change, job search and other support. Support unit price is the unit price according to the annual land price list.

For the Mai Pha new urban area project, the People’s Committee of Lang Son province issued Decision No. 2394/QD-UBND dated November 20, 2020 stipulating specific land prices as a basis for calculating compensation when the State recovers this project (The specific land price in this project is equivalent to the land price in the annual land price list approved in Decision 32/2019/QD-UBND dated December 20, 2019 of the Provincial People’s Committee). In which, the unit price of compensation for agricultural land is according to position 1, the highest area I is rice land: 70 thousand VND/m2.

In addition to the above compensation price, households and individuals directly engaged in agricultural production, living on a stable income from agricultural land, with an area of agricultural land acquired from 30% or more will be considered for support, including: Support training, job change and job search by 3 times the price of agricultural land of the same type, the unit price according to the annual land price list issued by the People’s Committee of Lang Son province; Other support is equal to 2 times the price of agricultural land of the same type, the unit price according to the annual land price list issued by the People’s Committee of Lang Son province. At the same time, they are supported to stabilize their lives and production, which is calculated on a per capita basis in cash equivalent to 30 kg of rice in 1 month according to the average price at the time of support, the duration of support is calculated as % land loss,  6 months  at minimum and 36 months at maximum.

Therefore, the person whose rice land is recovered, in addition to being compensated for the type of land and location according to the specific land price, the unit price of 70,000 VND/m2, will be considered and supported equal to 5 times the land price according to the annual land price list issued by the Provincial People’s Committee, unit price of 70,000 VND/m2 plus support for stabilizing life and production. For example, people who have 1 m2 of rice land at location 1, area I will be compensated and considered for support as: 70 + (70 x 5) = 420 thousand VND/m2 plus support to stable life and production.

In addition, the investor has considered providing additional support to households whose agricultural land has been recovered to comply with the schedule of handing over the site, not having to organize the enforcement of the decision on land recovery, with the support of 200 thousand VND/m2.

Total compensation, support from the State and support from investors, the person whose agricultural land is recovered in Mai Pha new urban area project is being compensated and supported is 620 thousand VND/m2 of land plus support to stabilize life and production (for rice land at position 1, area I).

Questions about mechanisms and policies

 Although the province has issued regulations on specific land prices as a basis for calculating compensation when the State recovers land to implement the Mai Pha urban area project, the process of implementing site clearance of the project has generated many difficulties and obstacles; people ask a lot about compensation, support and resettlement mechanisms and policies for households and individuals whose land has been acquired for project implementation.

Fieldwork in the construction area of Mai Pha new urban area

According to our research, most people have questions about the low compensation and support price, not close to the market price. In addition, people have a comparison of mechanisms and policies when the State recovers land for a number of adjacent projects that have been and are being implemented such as the Nam Nguyen Dinh Chieu residential area project,the project of Resettlement and Residential Area in the South of the city,etc. Because these projects still apply the mechanism of allocation and resettlement of agricultural land, support equal to 50% of the price of adjacent residential land. As for the Mai Pha new urban area project, the above mechanism is no longer applied, leading to the people not agreeing to measure, tallying and not receiving compensation, support and handing over the ground.

Mr. Nong Xuan Thang, residing in Khon Pho village, Mai Pha commune, who has 1,477 m2 of agricultural land to be recovered to implement the Mai Pha new urban area project (Mr. Thang has not received compensation and support) said: We support the policy of building new urban area Mai Pha. However, in the implementation process, it is necessary to harmonize the interests of the state, businesses as well as the people. Personally, I find the current compensation unit price to be low, request the State to recalculate the compensation unit price, support and research, consider implementing the “land for land” mechanism (arranging land allocation for resettlement) for households having a lot of agricultural land acquired so that people will be less disadvantaged.

As for Mrs. Dinh Thuy Le, residing in the resettlement and residential area in the South of the city, who has 870 m2 of agricultural land has been recovered to implement the Mai Pha urban area project (Ms. Le has received compensation and her family has their land acquired by various projects 8 times) said: My family always abides by the state’s regulations on compensation, support and resettlement when the state recovers land, but I also wonder about this project because the compensation price is low, other support mechanisms are not similar to other projects being implemented at the same time such as the support equal to 50% of the price of adjacent residential land… I personally recommend that the government consider raising the level of support for people whose land has been recovered so that people can stabilize their lives and have conditions to create livelihoods when the area of agricultural land is increasingly shrinking.

The question of Mr. Thang and Ms. Le is also the common opinion of many households affected by the Mai Pha new urban area project. Therefore, by the beginning of June 2022, out of a total of more than 600 households, individuals and organizations affected by this project, only 69 households received compensation, support and handover of the premises.

(to be continued)

Part 3. Dialogue to untie the knot