Need to handle violations in land management and use in Hung Khanh commune (Hung Nguyen)

December 6, 2012 16:42

(Baonghean)With the excuse of using funds to build canals, cultural houses... the leaders of Hung Khanh commune (Hung Nguyen) gave themselves the right to sell land. This incident not only seriously violated land management and use, but also caused dissatisfaction and complaints among the people.

Illegal land sale


Following the complaint of Mr. Phan Van Trung, hamlet 3, Hung Khanh commune (Hung Nguyen), we went to Hung Khanh commune. Through investigation, we found that in recent years the commune has seriously violated land management and use. Since 2009, the commune has had a plan to divide the land into plots, so along with inspecting and re-examining the actual residential land of households in the area, the People's Committee of Hung Khanh commune has given itself the right to sell land. For households that were determined to have excess land after measurement, the commune has resold the excess area, and for households that want to buy more, the commune has also sold. The price is arbitrary.



The land plot of Hung Khanh commune sold to Mr. Dau Sy Thang's household in hamlet 5 is 155 square meters with the price of 500,000 VND/square meter.

In the case of Mr. Dau Xuan Binh's household in Hamlet 5, after the commune's inspection team measured and determined that his garden land was 50m2 surplus, on March 28, 2011, Mr. Hoang Van Ai, the commune chairman, signed a confirmation "agreeing to settle the land..." and sold it back to Mr. Binh at the price of 200,000 VND/m2. According to Mr. Binh's application for deposit, this is a preferential price for a family with "difficult economic circumstances and sick wife and children". In the case of Mr. Dau Sy Thang, also in Hamlet 5, after investigation, his family had nearly 500m2 of garden land along the 42 dike. However, on December 29, 2010, Mr. Thang was still able to buy an additional 155m2 of adjacent land.

In Mr. Thang's land purchase application confirmed by Mr. Tran Tich (former vice chairman of the Commune People's Committee) and Mr. Hoang Van Ai (chairman of the Commune People's Committee), Mr. Thang clearly stated, "With the enthusiastic attention and help of the departments in the Commune People's Committee, they approved the sale to my family to add to the old garden. 18m long, 8.6m wide, with a total area of ​​155m2. The amount to be paid per square meter is 500,000 VND, a total of 77,500,000 VND. The family has fully paid the above amount to the Commune Finance Department." According to Ms. Hoang Thi Lan (Mr. Thang's wife), the additional purchased area has been registered in 2011 and the owner is Pham Van Tu, the couple's son-in-law.

“Among the families whose land was sold by the commune, Mr. Phan Van Hoi's family bought 80 square meters for VND24,000,000 (equivalent to VND300,000/square meter) to open a road on the current garden of about 1.5 sao,” said Mrs. Tran Thi Xuan, Mr. Hoi's mother. In Mr. Hoi's land purchase application, Mr. Nguyen Luu Viet (commune land officer) stated, "We request that the account holder approve the above area and allow the family to pay for the land at the price set by the Commune People's Committee." Accordingly, Mr. Hoang Van Ai (Chairman of the Commune People's Committee) approved, "In order to plan traffic and divide the plots reasonably, the commune agrees to the plan to handle the area that cannot be planned for the family, adding 80 square meters to the family's residential land area."

Need to handle seriously and promptly

Regarding the above issue, Mr. Hoang Van Ai, Chairman of the People's Committee of Hung Khanh Commune admitted: Theoretically, the commune does not have the authority to sell land but must ask for permission from higher levels. However, this is a temporary solution of the locality to immediately solve the capital source for investment in building canals, communal cultural houses, and schools in the area. The price depends on the location of the land.

So it is clear that the leaders of the People's Committee of Hung Khanh commune have violated the principles, selling land even though they are not authorized. The incident not only caused serious consequences for land management and use, but also caused resentment and complaints among the people. It is thought that, in order for the problem to be resolved soon, the functional branches of the province and Hung Nguyen district need to quickly get involved to clarify the violations in the land sale of the leaders of Hung Khanh commune. For the relevant officials, there needs to be appropriate and serious handling, at the same time verifying the spending of the money from the land sale, as well as having a plan to promptly recover the sold land area.

Mr. Pham Truong Son - Deputy Chief Inspector of the districtHung Nguyen said:


Regarding this issue, the People's Committee of Hung Nguyen district issued Decision No. 748/QD-UBND dated November 13, 2012 on verifying the content of the denunciation. The inspection team will verify the content of the denunciation based on the provisions of law. The verification period is 60 days from the date of announcement of the inspection decision.


According to the 2003 Land Law, Article 141, on handling of managers who violate land laws, clearly states:

Anyone who abuses his/her position or power to violate the provisions of law in land allocation, land lease, land recovery, land use purpose conversion, land use rights transfer, land use planning and planning implementation, land financial obligation determination, land records management, administrative decision making in land management; lacks responsibility in management leading to violations of land laws or commits other acts causing damage to land resources, rights and obligations of land users shall, depending on the nature and seriousness of the violation, be subject to disciplinary action or criminal prosecution in accordance with the provisions of law.


Dang Nguyen

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Need to handle violations in land management and use in Hung Khanh commune (Hung Nguyen)
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