Fairness is needed when handling violations in land use for lease in Nam Cat commune.

(Baonghean) -According to the reflection of Ms. Nguyen Thi Soa, residing in Thuan My hamlet, Nam Cat commune (Nam Dan), in the past, Nam Cat commune People's Committee has been unfair in handling violations in land use for lease in the area. To clarify the issue, we went to Nam Cat commune to find out and the reality is exactly like that.

People make mistakes, commune lacks determination

Ms. Nguyen Thi Soa said that in 2004, her family bid to use a pond adjacent to her house with an area of ​​1,000m2 for fish farming. According to the minutes drawn up by the People's Committee of Nam Cat Commune, the contract term was 5 years (2004-2009). After winning the bid, her family renovated it to raise fish. Compared to the area assigned in the contract, the eastern side encroached by 10m. Every year, Ms. Soa's family fully submitted the output to the People's Committee of Nam Cat Commune. However, after the contract expired, her family was not allowed to sign an extension. Meanwhile, Mr. Nguyen Van Dong's family, who also rented land nearby, also violated the contract but was still allowed to sign an extension by Nam Cat Commune.

Regarding this issue, it is known that after the policy of allowing people to bid for land lease for a limited period for economic development, the People's Committee of Nam Cat commune signed a contract with Ms. Soa's family to lease the aquaculture land area as mentioned above. However, during the process of renovating the pond, Ms. Soa's family encroached, affecting the flow of the nearby pumping canal. Therefore, during the period of validity of the contract, the People's Committee of Nam Cat commune worked with Ms. Soa's family many times to request that her family move the pond bank to the correct planned location, but Ms. Soa's family still did not comply. On December 10, 2012, more than 2 years after the contract expired, the People's Committee of Nam Cat commune issued a contract termination record, stating "To ensure the flow of water for irrigation and pumping, the People's Committee of the commune informed the family to harvest fish and crops on the land plot, to hand over the land to the People's Committee of the commune from December 23 to 25, 2012". However, Mrs. Soa's family still did not comply. On the morning of January 16, 2013, the commune had to mobilize forces to enforce the decision.

Illegal construction of Mrs. Soa's family and Mr. Dong's house in Thuan My hamlet.

It is known that Mr. Nguyen Van Dong's family was also signed a land lease contract by Nam Cat Commune People's Committee from August 1, 2005 to August 1, 2009 with an area of ​​84.5m2, at plot number 580, map sheet number 4, for the purpose of building a service kiosk. However, during the construction process, Mr. Dong's family violated a number of provisions of the contract. The minutes of the meeting between Nam Cat Commune People's Committee and Mr. Dong's family on March 26, 2007 clearly stated that "During the use process, Mr. Dong did not use the land for the right purpose as stated in the land lease application. He built a solid level 4 house on the land plot. Therefore, the Commune People's Committee assigned Mr. Dong the responsibility to carry out the following contents: The construction of the level 4 house is contrary to the land lease contract. When the contract expires, Mr. Dong must dismantle it and hand over the original condition to the land lessor. Mr. Dong must be responsible for the demolition costs...". In the Decision of the Chairman of Nam Cat Commune People's Committee on the penalty of "wrong land use" against Mr. Dong's family on May 15, 2007, in addition to the administrative penalty of 500,000 VND and the forced demolition of illegal constructions, Nam Cat Commune People's Committee also applied other administrative measures. Specifically: "Cancel the land lease contract dated August 1, 2005". But Mr. Dong's family still did not dismantle the illegal constructions. However, Nam Cat Commune still did not take any measures. Not only that, in a record without a clear date of establishment, Nam Cat Commune People's Committee also allowed Mr. Dong's family to continue to extend the lease of the land area as in the previous contract, the time period calculated from January 1, 2011 to December 31, 2015. This is the reason why people think that the commune has handled the case unfairly.

Need timely handling measures to ensure fairness

Regarding the above incident, as well as the reason why Mr. Dong's family continued to have the contract extended, while Mrs. Soa's family did not, Mr. Nguyen Xuan Binh, Chairman of Nam Cat Commune People's Committee, said that Mrs. Soa's family's encroachment affected the flow of the pumping canal, while Mr. Dong's family only encroached on the traffic road, but after the commune punished Mr. Dong, he complied with the cleaning. Mr. Dong's building of a level 4 house was wrong, but Mr. Dong promised that when the commune reclaimed the land, his family would dismantle it themselves.

So it is clear that Mrs. Soa's family and Mr. Dong's family both violated the land lease contract signed with the People's Committee of Nam Cat Commune. The organization of enforcement by the People's Committee of the Commune is very necessary. However, the problem here is that the way the Commune is doing things is not decisive. In the case of Mrs. Soa's family, after the People's Committee of Nam Cat Commune knew that she was encroaching, it should have taken timely measures to handle the situation.

Therefore, through this incident, it is thought that the People's Committee of Nam Cat commune should not only learn from experience but also carry out procedures to enforce violations of construction works, including unilaterally terminating the contract with Mr. Dong's family, to ensure the strictness of the law and fairness among all people in the area, in order to avoid similar violations.

Article and photos: Dang Nguyen