Authorities clarifies origin, legal documents of controversial vegetable garden

The committee showed lot of documents as evidence of the state management to the 4.8 hectares public land plot.

Referring to origin, legal basis and land use process in the area planned for construction of national standard schools, the authorities cited Inspection Conclusion 127 on March 26, 2008 saying the land portion over 6.8 hectares in parcels 128-5, 129-5 and part of parcel 126-5, 131-101-5 under land register books No. 6, 8, 9, 10 in former Phu Tho Hoa commune.

Parcels 128-5, 129-5 and part of 131-101-5 with the total area of 4.08 hectares belong to the state management. Under the French domination time, the land plot was used for an antenna ground of a radio station. Afterwards, the foreign telecommunications bureau under the former Saigon regime managed and used the area.

Part of parcel 126-5 under land register book No.6 with the total area of 2.7 hectares was under the ownership of Mr. Le Phat Dat since 1990. Mr. Dat then gave the area as present to a French charity organization. In 1939, the organization handed over the parcel to the catholic church in Saigon. Afterwards, the foreign telecommunications bureau continued managing and using.

In 1995, Document No. S.P 55.011 on February 17, 1955 by the captain, who was head of Moinard radio station, permitted residents in the area adjacent to the west of the land parcel to cultivate in the area between antenna masts in daytime.

After April 30, 1975, the Telecom Center under the General Department of Post and Telecommunications received the land parcel. On April 14, 1977 it was under the state management according to Decision No. 111 by the government council. The state then assigned Telecom Center No. 3 to continue managing and using the area for Chi Hoa radio station.

On October 12, 1991, HCMC Land Management Board issued Decision 07 to recognize the use right of the land parcel and the operation center in the area for HCMC Post Office with the total area of 40,893 square meters.

In fact, the HCMC Post Office was allowed to directly manage two hectares of specially used land in the site. Since 1993 until now, technology change in telecom field has resulted in the removal of antenna masts. The management board of Vietnam Posts and Telecommunications Group, the HCMC People’s Committee approved to transfer land use purpose in the area to build a housing site for officials and staff of Chi Hoa Post Office and upgrade Post Office Training School.

The HCMC People’s Committee made a decision to recognize the Post Office’s land use right to the remaining area approximating 2.08 hectares. Still the Post Office could not direct use the land because households were cultivating vegetables.

The post office could not get authorized agencies’ recognition for land use right of about 2.7 hectares under Parcel 126-5 so households have continued vegetable farming until now.

So the total area which households have planted vegetables interlaced with specially used land is about 4.8 hectares. In 2001, the city People’s Committee decided to allot 29.311 square meters of land in the area to Sai Thanh Construction Investment Consultant Company and 20,009 square meters to HCMC Post Office to build a housing site for civil servants and public works.

Because the company and the post office were unable to carry out the projects, the city People’s Committee issued Decision 1824 on April 25, 2008 to revoke the land plot and hand over it to Tan Binh district People’s Committee to build public works and apartment blocks for resettlement program.

On August 25, 2013, the city People’s Committee issued Decision No. 4204 to adjust Decision 1824 on land reclamation of 49,320 square meters in Ward 6, assigning Tan Binh district to conduct site clearance in preparation for building public schools under national standards.

The committee sent Document 3200 permitting land withdrawal to build the schools on June 11, 2015.

On November 12, 2015, the Department of Natural Resources and Environment had Document 86 guiding land reclamation in Ward 6.

According to the document, the land plot is subject to state management according to plan. Households and individuals who have used land in the area without conflicts will be considered for assistance as per the law. Some households have used the space between antenna masts to grow vegetables and they are ineligible for land use right certificate granting.

Tan Binh district People’s Committee said that the Ministry of Natural Resource and Environment on November 23, 2006 sent Document 5201 signed by deputy minister Dang Hung Vo to answer the city Department of Natural Resources and Environment’s question on solving requirements of residents in Ward 6, Tan Binh.

In the document, the ministry analyzed that households have proposed to confirm their land use process without disputes in the 4.8 hectares area from 1995 until now. The ministry affirmed that the households’ land use was in fact taking advantage of empty land between antenna masts to grow vegetable. Afterwards HCMC Post Office required them to stop cultivating and return the premise. These households are ineligible for being recognized as land users in the area so they are not considered for solving land disputes with the post office.

When the city People’s Committee decided to withdraw the area and transfer the land use purpose of the antenna mast ground of the post office, vegetable growers have been supported with the assistance level being decided by the city People’s Committee. The maximum level is not higher than land reclamation compensation level by the state.

Tan Binh People’s Committee said that the city People’s Committee has had an assistance policy with the assistance level equal to the compensation level in the land prices announcement issued by the committee every year. The district committee has considered some other support policies covering resettlement and employment to residents in the area.