Don't be like Binh Chanh!
The "Xin Chào Cafe Scandal" is far from over, even though Colonel Nguyen Van Quy, the head of the Binh Chanh District Police, has been dismissed. If we review the entire incident, including the latest developments (the forced قطع of electricity and water, etc.), we are astonished to realize that the local authorities seem unwilling to accept defeat to the people – something they should be proud of, or at least take pride in.i, using it as an excuse to strive for improvement… What has happened, is happening, and will happen in Binh Chanh?
The "Café Xin Chào Scandal" officially erupted on April 19, 2016, when the press unanimously exposed serious shortcomings in the case of the owner of Café Xin Chào (opposite the Bình Chánh District Police headquarters, Ho Chi Minh City) who was five days late in registering his business and was subsequently served with an indictment by the district police. Furthermore, the Bình Chánh District People's Procuracy approved the indictment, and the District People's Court was awaiting the day the café owner would stand trial.
Just two days after the incident caused a stir in the press and on social media, on April 21, 2016, Prime Minister Nguyen Xuan Phuc personally instructed Ho Chi Minh City to consider halting the prosecution of the case.
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Regarding the Prime Minister's and the Government's stance on this matter, on April 22, 2016, Deputy Head of the Government Office Le Manh Ha stated: "If the owner of the 'Xin Chao' restaurant loses this case, it will send a very bad message, that all businesses and all entrepreneurs can go to jail!"
The "very bad message" fortunately didn't reach its destination; the coffee shop owner – representing the people – "won" with a lump in his throat. However, if they had admitted defeat, the local authorities should have considered it "a sweet defeat," because it eased public anxiety, and exposed and eliminated the wrongdoings and evils within their system. Instead, the subsequent behavior of some of them seemed like they had just... "swallowed their anger"(?).
Just when it seemed the scandal had reached a happy ending, the authorities recently issued a decision to penalize "Café Xin Chào" for violations, demonstrating negligence and a lack of professional expertise in state management of construction... Public opinion is once again questioning: Is this a last-ditch effort lacking in sportsmanship, a desperate attempt to "fight to the end" after a self-inflicted defeat? Is this a "test" of the rigorous supervision and direction of government leaders, central agencies, and the persistent coverage by the press and public opinion in this case?
Specifically, on August 16, 2016, Mr. Nguyen Thanh Vu – Chairman of the People's Committee of Tan Tuc town – signed a decision to suspend construction at the "Café Xin Chào" cafe. The decision clearly stated that Mr. Tan had violated regulations by constructing a container structure on land not permitted for construction, specifically land designated for garden use. Notably, Tan Tuc town demanded that electricity and water supply units immediately stop providing electricity and water to the violating structure within 24 hours; and that Mr. Tan must dismantle the structure himself within 3 days, otherwise it would be forcibly removed…
Just two days later, on August 18th, the Secretary of Binh Chanh District, Nguyen Van Phung, spoke out in the press, claiming that the order to cut off electricity and water by the Chairman of Tan Tuc Town was "beyond his authority" and a "trivial matter." In reality, Café Xin Chào only has a small container on the land used for washing dishes and as a standing area for staff; instructing the owner to comply with regulations would not be difficult!
Regarding the legal basis of this decision, lawyer Nguyen Tan Thi of Hoa Sen Law Office (Ho Chi Minh City) argues that cutting off electricity and water are not measures to prevent violations or ensure the handling of administrative violations as stipulated in Article 119 of the Law on Handling Administrative Violations. The 2014 Construction Law also abolishes the provision for applying measures to stop the supply of electricity and water to construction projects that violate construction regulations. Contracts for the supply of electricity and water between the power company, water company, and residents are economic and civil relationships, not subject to administrative orders!
Fortunately, even without the Prime Minister's directive, the local authorities have just announced they will adjust the penalty decision, specifically by not cutting off electricity and water. This "retreat" continues to leave many questions in public opinion: Why keep targeting Café Xin Chào, with its dark-skinned, haggard owner who has endured so much hardship over the past year? Does the chairman of Tan Tuc Town, Nguyen Thanh Vu, "dare" to hastily "touch" an establishment that has already brought down two former district-level leaders, or is there behind-the-scenes direction? Will Nguyen Thanh Vu's professional shortcomings and unauthorized directives be investigated, and is it necessary to "remove him from the government apparatus immediately," as famously stated by Party Secretary Dinh La Thang at a meeting in Hoc Mon earlier this year?
Ideally, the government should have been dedicated to supporting, encouraging, and guiding its citizens to live and work within the framework of the law. Sadly, however, they have instead been quick and decisive in issuing insensitive documents, ultimately tying themselves to them. All of this resonates, leaving the public with a sense of profound sorrow: as if the entire government system in Binh Chanh is relentlessly pursuing and exterminating its own people!
Binh Chanh made mistakes, and then made one mistake after another. Don't be like Binh Chanh!
According to Public Opinion



