Need a synchronous solution

(Baonghean) -In the first 9 months of the year alone, according to the report of the Provincial Inspectorate, out of 145 complaints and 114 denunciations that were handled, 101 were complaints and 59 were false denunciations. One of the basic reasons pointed out is that citizens' awareness of the law is still limited...

TAccording to the Constitution and laws of Vietnam, complaints and denunciations are one of the basic rights of citizens. The right to complain and denounce of citizens has been clearly specified in the provisions of laws, decrees... In our province, the settlement of complaints and denunciations of citizens has contributed to the general development of the province, resolved the legitimate rights and interests of complainants and denouncers and the interests of society.

A specific example cited to demonstrate that resolving complaints and denunciations brings benefits to society is the case of citizens denouncing a number of individuals who took advantage of the State's policy to allocate land to the wrong subjects in the Canh Phuong planning area, Nghi Phu commune, Vinh city. Through the denouncing of citizens, the authorities have verified that 44 plots of land were allocated to the wrong subjects and recently, on October 21, 2013, the People's Committee of Nghe An province issued Document No. 7454/UBND.KT on handling cases of land allocation to the wrong subjects in the Canh Phuong planning area.

In Document No. 7454, the Provincial People's Committee directed the collection of the amount of money that was exempted against the principles of the owners of 39 land lots according to the principle: converting the amount of money exempted at the time of land allocation to the land area that has not fulfilled financial obligations. Then calculate the amount of land use fee to be paid for the land area that has not fulfilled the above financial obligations and the State unit price at the time of granting the Land Use Right Certificate (for land lots that have not been granted a Land Use Right Certificate; or have been revoked); For the case of land lots that have been granted a Land Use Right Certificate and the Land Use Right Certificate has not been revoked, the settlement is in the direction of allowing the retention of the granted Land Use Right Certificate and at the same time collecting the amount of land use fee that has been exempted.

Some newspaper pages have content to popularize the law in Nghe An newspaper.

According to a provincial inspector who participated in verifying and resolving this case, at the time the individuals were assigned land to the wrong subjects, the value of each plot of land in the Canh Phuong planning area was only about 90 million VND, if sold, it would be worth no less than 300 million VND. Currently, each plot of land here is worth no less than 1 billion VND. And with citizens denouncing this case so that the authorities can bring it to light, it has helped to eliminate the bad guys in the public administration, and the State will recover a significant amount of lost finances.

However, in addition to the correct complaints and denunciations that bring benefits to the individuals involved and society, there are many wrong complaints and denunciations. From the beginning of 2013 to now, the Provincial Inspectorate has resolved 145/160 complaints. Of which, 120 cases were resolved once; 25 cases were resolved twice. Through the resolution of complaints, there were 15 correct complaints (10.3%); 29 mixed complaints (20%); 101 wrong complaints (69.7%). Also in the past 9 months, the Provincial Inspectorate has resolved 114/121 complaints. Of which, 7 were correct (6.1%); 48 cases of denunciation were both true and false (42.1%) and 59 cases of false denunciation (51.8%).

A case of both false complaint and false accusation that the Provincial Inspectorate often mentions is the case related to Mr. TTT (Ha Huy Tap Ward, Vinh City). Initially, Mr. T complained and requested a Land Use Right Certificate for the land lot No. 37, Nguyen Sy Sach Street, Ha Huy Tap Ward, Vinh City. The Chairman of the People's Committee of Ha Huy Tap Ward issued a Decision to resolve the first complaint; the Chairman of the People's Committee of Vinh City issued a Decision to resolve the second complaint. Disagreeing with the settlement result of the city level, Mr. T continued to complain to the Provincial People's Committee, and the Provincial People's Committee assigned the Provincial Inspectorate to inspect, verify and advise on handling Mr. T's petition.

When the Provincial Inspectorate got involved, it determined that Mr. T's complaints were incorrect. Not agreeing with the results of the inspection and review by the inspection team led by Mr. Nguyen Phuong Thuan - Head of Inspection Department 2, Mr. T wrote a complaint against Mr. Thuan with insulting words from the person handling the complaint. The Provincial Inspectorate established a working group to handle the complaint and came to the conclusion: Mr. T's accusation against Mr. Thuan was not true to reality; Mr. T's behavior violated Point 4, Article 100 of the Law on Complaints and Denunciations (Acts of insulting the person responsible for handling complaints and denunciations). Not stopping there, Mr. T continued to send a complaint to the Government Inspectorate and relevant agencies and organizations, denouncing Mr. Le Quoc Hong - Vice Chairman of Vinh City People's Committee, Mr. Le Van Giap - Deputy Chief Inspector of the province for signs of violating the law. For this case, the current solution of the Provincial Inspectorate is: When the Central and local agencies receive Mr. T's petition, they will keep the petition, not transfer it for consideration and resolution.

In August 2013, Nghe An Newspaper verified and wrote an article reflecting on a case of a citizen making a wrongful complaint, which was related to Mr. H and his son, Mr. V, in Hamlet 9, Hung Xuan Commune (Hung Nguyen). Mr. H and his son claimed that their family was wrongly accused when the State reclaimed land to clear the site for a tourist road project along the Lam River through Hung Xuan Commune. After verification, the content of the complaint about the personal rights of Mr. H and Mr. V was incorrect.

These men discovered that there were errors by relevant agencies in allocating resettlement land to a number of cases in the area, and from there used it as a basis to demand that relevant levels must allocate resettlement land to them. And this is impossible because how can we demand that authorities at all levels apply the wrong thing to realize their benefits! Mr. Nguyen Chi Nham - Chief Inspector of the province said: "Mr. H and Mr. V made a wrong complaint when demanding that the authorities allocate resettlement land. If Mr. H and Mr. V had filed a complaint against the relevant agencies for allocating resettlement land to a number of individuals in the area that was not in accordance with regulations, then it would be accurate. Regarding this case, the Provincial Inspectorate is directing the handling...".

What is the cause of false complaints and denunciations? According to the Provincial Inspectorate, the basic cause is that the general awareness of the law, especially the Law on Complaints and Denunciations of citizens, is still limited, so there are incorrect demands or requests that exceed the provisions of the law... Currently, the situation of false complaints and denunciations in the province is still common, accounting for a high rate: False complaints account for 71.5%; False denunciations account for 53%.

To minimize the situation of citizens making false complaints and denunciations, the work of propaganda, dissemination and education on the Party's guidelines and policies, the State's laws in general, and the law on complaints and denunciations in particular (the Law on Complaints, the Law on Denunciations and the decrees guiding their implementation) needs to be strengthened. To do this, the heads of local Party committees and authorities, heads of units, political and social organizations, unions... need to really pay attention to leading and directing the work of propaganda, dissemination and education on the law.

Along with that, it is necessary to publicize and make transparent policies and guidelines... so that people know, discuss, do and inspect; it is necessary to promote the implementation of grassroots democracy regulations; Civil servants directly working in receiving people and handling petitions need to improve their professional skills and expertise to avoid misidentifying authority, transferring petitions to the wrong level, leading to delays in resolving cases. Relevant agencies such as People's Councils at all levels and National Assembly delegations should further strengthen their supervision of public reception, handling complaints and denunciations and the responsibilities of heads of agencies and organizations in receiving people, handling complaints and denunciations...

The press has a special role in disseminating the law and participating in resolving complaints and denunciations of citizens. Through verifying and handling complaints and denunciations, the press has brought to light many cases that have not been resolved by the authorities. By protecting the legitimate rights and interests of citizens, the press is gaining the trust of the people, many people have come to the press to submit their complaints and denunciations. Therefore, the press needs to further promote its role to help citizens increase their awareness of the law, thereby enhancing the sense of respect for the law of the whole society, minimizing the number of false complaints and denunciations of citizens.

Article and photos:Nhat Lan