Found common ground

(Baonghean) - Although the Vinh City People's Committee has concluded an inspection on the violations of the Ben Thuy Market Cooperative Management Board (BQT HTX) in financial collection and disbursement, booth transfer, and establishment of the BQT, because the matter has not been resolved, the traders at Ben Thuy Market continue to protest... On the afternoon of November 24, the Vinh City People's Committee had a dialogue with the traders at Ben Thuy Market, and the two sides found a "common voice" and reached an agreement to resolve the matter...

Ben Thuy Market, Vinh City.

Events

On the afternoon of November 17 and morning of November 18, dozens of traders at Ben Thuy market (Ben Thuy ward, Vinh city) went to the Provincial People's Committee and Vinh City People's Committee to protest the 2014-2019 term members' congress of Ben Thuy Cooperative. Explaining this action, the traders said that the Vinh City People's Committee had not yet completely resolved the violations caused by the Cooperative's Board of Directors, the disciplinary level for the violating Board of Directors members was not appropriate, and there were no remedial measures, but the Vinh City People's Committee still decided to hold the members' congress. Ms. Vo Thi Hong Oanh, a trader, said: "We went to the province and city to hope that state agencies would soon completely resolve the issues that traders have been wondering about for a long time. Until the issues are resolved, we request that the 2014-2019 term members' congress of Ben Thuy Cooperative not be held."

To help readers better understand the nature of the case, we would like to summarize the events as follows: In 2013, traders at Ben Thuy market submitted a petition to the authorities to denounce the violations and irregularities in the conversion and establishment of Ben Thuy Cooperative; the Board of Directors of Ben Thuy Cooperative violated the provisions of the law in collecting fees, charges, and contributions to investment in construction and upgrading of Ben Thuy market... After receiving the citizen's petition, Vinh City People's Committee established an inspection team to examine the contents of the petition. According to the Conclusion of the content of the petition No. 49 dated March 17, 2014; Inspection Conclusion No. 50 dated March 17, 2014 and Inspection Conclusion No. 252 on adjusting and supplementing some contents in Conclusions 49 and 50 of Vinh City People's Committee, most of the citizen's petitions were correct.

Specifically, regarding market fee collection, from 2009 to 2013, the Board of Directors of Ben Thuy Cooperative collected more than 2.7 billion VND in violation of regulations. Regarding the collection of kiosk transfer fees, the Board of Directors of Ben Thuy Cooperative collected 27 households from 5-10% in violation of regulations, with an amount of 107 million VND. Regarding the collection of kiosk construction fees, the Board of Directors of Ben Thuy Cooperative collected more than 709 million VND from 11 small traders and kept it off the books, of which 315 million VND was divided among 8 Board members.

Regarding the merchants' accusation that two members of the Board of Directors, Mr. Dinh Van Dong and Mr. Cao Xuan Phuc, took advantage of their positions to occupy two kiosks, the Vinh City People's Committee concluded that it was incorrect.

Regarding the content of the traders' accusation that the establishment of Ben Thuy Cooperative in 2009 had many irregularities, was not transparent, clear, public, and democratic, the Vinh City People's Committee concluded that it was incorrect. The Vinh City People's Committee responded that the conversion of the Ben Thuy Market Management Board model into the Ben Thuy Market Cooperative was carried out in accordance with the policies of the Central Government and the province. The process and procedures for converting and establishing Ben Thuy Cooperative were carried out in accordance with the provisions of the 2003 Cooperative Law and the State's regulations. The propaganda and mobilization work on the rights and obligations of participating cooperative members was fully carried out by the Vinh City People's Committee and Ben Thuy Ward, such as propaganda on loudspeakers, organizing announcements in military-civilian-government meetings, and distributing 106 leaflets.

In response to the violations of the Ben Thuy Cooperative Management Board, the Vinh City People's Committee directed Ben Thuy Ward and Ben Thuy Cooperative to hold a meeting to review and handle violations against two individuals, Mr. Dinh Van Dong (Chairman) and Mr. Cao Xuan Phuc (Vice Chairman). Accordingly, the Ben Thuy Ward Party Committee decided to discipline the violating Party members with a warning for Mr. Dinh Van Dong and Mr. Cao Xuan Phuc. Ben Thuy Cooperative also issued a warning for Mr. Dong and Mr. Phuc. Regarding the amount of 315 million VND collected from the investment fee for the construction of the kiosk, but divided among 8 members of the Management Board to "pocket", the City People's Committee has recovered and deposited it into the city's temporary account at the Vinh City State Treasury. Regarding the amount of 107 million VND (kiosk transfer fee), the Vinh City People's Committee has recovered it into the temporary account for handling according to regulations. The City People's Committee assigned the Vinh City Tax Department to coordinate with the Ben Thuy Cooperative Management Board to return the amount of money collected from market fees exceeding the regulations from traders from 2009-2013. Regarding the transfer fee of 107 million VND, the State will collect and deposit it into the budget without returning it to traders.

Problems that need to be solved

Through investigation, most of the traders agreed with the conclusion of Vinh City People's Committee regarding the financial violations of Ben Thuy Cooperative Management Board. However, the traders' wish is that the violations should be resolved and they should soon receive back the money that the Management Board had collected too much or wrongly. Ms. Phan Thi Nga, one of the 9 traders whose money was collected for the construction of the kiosk, said: "When the new kiosk was built, I applied to rent the kiosk and the Management Board asked me to pay 80 million VND. But when I paid, the invoice only showed 45 million VND. Because I wanted to have enough conditions to do business, I agreed to pay. But now, the State has concluded that my money collection was wrong, so the Management Board must return the money to me." Ms. Nguyen Thi Le, another trader, said that the management board's collection of kiosk transfer fees and market fees was concluded by the authorities to be wrong and too high, but it has been more than half a year and we still have not received the money back. Some traders said that the amount of 2.7 billion VND due to market fees exceeding the prescribed level has been clarified, but the management board has not yet had a plan to pay the traders at once but instead deducted it gradually?

According to the policy of Vinh City People's Committee, in early November 2014, Ben Thuy Cooperative will hold a congress of members for the 2014-2019 term. Immediately after the congress (maximum time of 1 month), Ben Thuy Cooperative will carry out procedures to consider admitting new members. Regarding this matter, the traders do not agree with the government's solution. According to the traders, out of 54 cooperative members, only 12 are traders doing business in the market, many of whom have relationships with the members of the Board of Directors. Therefore, the congress based only on the number of old cooperative members is not fair, the new Board of Directors will not represent the more than 500 traders doing business in the market. Therefore, the traders request that the admission of traders as cooperative members must be done before the congress takes place. Only then will they have the right and voice to elect a responsible and impartial Board of Directors that protects the rights of small traders - those who are producing and doing business, creating profits and fulfilling their obligations to the State.

It can be said that the authorities' investigation into the violations at the Ben Thuy Cooperative Management Board has partly restored the people's trust, showing the impartiality, objectivity and compliance with the law by state agencies. However, the resolution of the violations has not been carried out resolutely and thoroughly, leading to some traders still having questions and disagreement. The establishment and conversion of the management model of Ben Thuy market without holding a meeting with the participation of traders (according to the affirmation of Mr. Nguyen Khac Khanh - Vice Chairman of Ben Thuy Ward People's Committee) is a shortcoming. Because traders are the ones with the most practical rights and responsibilities when the cooperative was established. Therefore, to completely resolve the incident at Ben Thuy market, it is necessary to have a dialogue between traders and authorities to thoroughly resolve the problems in accordance with the law. For small traders, it is necessary to correctly understand and comply with legal regulations to ensure political stability, social security and production and business in the area.

When finding common ground

To continue to resolve the matter, on the afternoon of November 24, Vinh City People's Committee organized a dialogue with the people. Attending the dialogue were Mr. Nguyen Van Chinh, Vice Chairman of Vinh City People's Committee, representatives of the City Fatherland Front, the City Party Committee's Mass Mobilization Committee, relevant departments and Ben Thuy Ward, and representatives of the Ben Thuy Cooperative Management Board. More than 200 traders participated in the dialogue with the hope of receiving satisfactory answers from the authorities.

Ms. Vo Thi Hong Luong, representing the traders at Ben Thuy market, presented the contents that still caused many concerns and questions such as: Is it possible to be admitted as a member of Ben Thuy Cooperative and if so, when?; Will the money that the Cooperative Management Board collected incorrectly or collected in excess of the regulations be returned to the traders and if so, when will it be returned? What legal provisions does the Vinh City People's Committee base its collection of money and transfer it to the city's temporary account on? If traders are not admitted as members of the Cooperative, who will be responsible and will the city commit to ensuring that 100% of traders doing business at the market will become members of the Cooperative?

At the dialogue, Mr. Nguyen Van Dinh, a member of the Board of Directors of Ben Thuy Cooperative, said that at the meeting of all members of Ben Thuy Cooperative on January 11, 2014, 100% of the members agreed to admit qualified traders to become members of Ben Thuy Cooperative. Mr. Nguyen Van Dinh said: The Board of Directors of the Cooperative has committed to organizing the admission of members who want to join Ben Thuy Cooperative based on the members' needs, capital contribution, and agreement with the charter of the Board of Directors of Ben Thuy Cooperative for the 2014-2019 term. For incorrect or excessive collections, the Cooperative will calculate and pay to traders in December 2014. The Cooperative will compile statistics and make a specific list for each kiosk and each trader and invite traders to compare and agree on the payment level. If the Board of Directors does not fulfill its commitment, it will be responsible to the Vinh City People's Committee and at that time, the Vinh City People's Committee has the right to dissolve the Board of Directors to establish a new Board of Directors on the basis of the congress.

Concluding the dialogue, Mr. Nguyen Van Chinh affirmed: Based on the acceptance of the traders' requests and the implementation of the direction of Vinh City People's Committee, the admission of new members will be carried out by the Board of Directors of Ben Thuy Cooperative according to the commitment and must be responsible to the traders. From November 25, 2014, the Board of Directors of Ben Thuy Cooperative will propagate, guide, and thoroughly educate the traders to know and fully understand their rights and responsibilities when becoming members of the Cooperative. The admission of new members will be carried out after the 2014 - 2019 term member congress (no later than 1 month). Regarding the charter capital, the Board of Directors must research and consider to create equality, suitable to the conditions of the traders. Regarding the market fee, the Cooperative must pay the traders and must complete it by December 2014 at the latest.

Regarding the revenue from the investment in building kiosks and transfers, the city will temporarily hold it and will consider resolving it after the congress takes place, ensuring the legitimate rights of the traders. Vinh City will direct, guide, and supervise the implementation of the commitment of the Board of Directors and if the Board of Directors of the Cooperative does not properly implement the commitment, the Board of Directors will be dissolved. At the same time, it will direct relevant departments and offices, and Ben Thuy Ward to guide the Board of Directors of Ben Thuy Cooperative to promptly organize a successful congress of members for the 2014-2019 term so that the traders can soon stabilize production and do business effectively. “On behalf of the Vinh City People's Committee, I hope that the traders will support the general policy so that the congress can take place successfully. The city commits to direct and guide seriously and resolutely to ensure the legitimate rights of traders in accordance with the law. I hope that people will trust the leadership of the city and the management of the Cooperative Management Board. Only then can the Cooperative operate stably and be well managed to create a stable production and business environment for traders,” said Mr. Nguyen Van Chinh. The traders completely agree with the conclusion of the Vice Chairman of the City People's Committee, requesting the Ben Thuy Cooperative Management Board to implement as committed.

The fact that Vinh City People's Committee organized a dialogue to resolve the incident at Ben Thuy market shows the sense of responsibility in ensuring the rights of traders and promptly resolving the incident, limiting prolonged complaints, causing political and social instability. The current problem is that Vinh City needs to quickly and decisively implement the conclusions of the dialogue. For traders, it is also necessary to recognize and correctly and fully implement legal regulations to ensure political stability, social security and production and business, which is also to protect the rights of traders themselves.

Nguyen Hung