Forged land lease documents for the Vach Bac canal bank?

(Baonghean) - Through verifying the situation of unauthorized land allocation and disorderly construction within the flood drainage area of ​​the Vach Bac canal, in Do Thanh commune, Yen Thanh district, the reporter of Baonghean Newspaper found a suspected case of forged signatures and seals of the Head Irrigation Enterprise of Bac Irrigation Company Limited to illegally lease land, but from 2014 to the present, relevant levels and sectors have not clarified and handled it.

Clear violations

To date, within the flood drainage area of ​​the Vach Bac canal, the section passing through Do Thanh commune has 208 land use cases. Of these, 157 cases involve the construction of houses; 45 cases are unfinished constructions, and 6 cases involve the construction of warehouses.

According to a report by the People's Committee of Yen Thanh district, from the 1980s to the 1990s, the People's Committee of Do Thanh commune illegally allocated land (with payment) to 168 households for production and business purposes; one household was arbitrarily leased land by the hamlet; and one household had a land lease application with the endorsement of the former Party Secretary.

In addition, there are 4 households that "received" land leases from the Headworks Enterprise of Bac Irrigation Company Limited... 168 households were allocated land by the People's Committee of Do Thanh commune, which has been subdivided and transferred into 196 households; and 4 households that "received" land leases from the Headworks Enterprise (belonging to Bac Irrigation Company Limited) have been subdivided and transferred into 8 households.

Mr. Vo Sy Thang - Deputy Director of Bac Irrigation Company Limited, exchanges information with a reporter from Nghe An Newspaper. Photo by Nhat Lan.

Regarding the illegal land leasing by the Headworks Irrigation Enterprise, according to the leadership of the Northern Irrigation Company Limited, there are a total of 5 households with documents showing that they were leased land by the previous leadership of the Company and the Enterprise. Notably, some of these households are "in possession" of land lease documents that are suspected to be forged.

Regarding the suspected forgery of documents, the leader of Bac Irrigation Company Limited stated that in early 2013, an official from the Bau Du Irrigation Cluster ( thuộc the Head Irrigation Enterprise) discovered a case of land encroachment within the flood drainage area of ​​the Vach Bac canal. Upon inspection, Mr. Nguyen Van Duong (Gia My hamlet, Do Thanh commune) presented a land lease document from the Head Irrigation Enterprise, dated March 2010, signed by Director Cao Dang Bai and stamped with the Enterprise's seal. Noticing discrepancies in the Director's signature, the official reported the matter to the Company.

The Northern Irrigation Company Limited and the Headworks Irrigation Enterprise have conducted verification. Accordingly, Mr. Nguyen Van Duong was leased a 40-meter-long plot of land along the slope of the Vach Bac canal by the Headworks Irrigation Enterprise for a period of 20 years (from April 1, 2010) at a cost of 15 million VND at the time of leasing.

The land lease contract was handled through Mr. Phan Van Phuong, the head of cluster N18A ( thuộc the Head Irrigation Enterprise). Mr. Duong paid Mr. Phuong the land rent in three installments (5 million VND each). Upon the final payment, Mr. Phuong handed over a document confirming the land lease, bearing the red seal of the Head Irrigation Enterprise and the signature of Director Cao Dang Bai. Throughout the entire process of money exchange, no invoices or receipts were issued.

Suspecting the authenticity of the land lease document, on May 15, 2013, the Northern Irrigation Company Limited and the Headworks Irrigation Enterprise verified it through Mr. Cao Dang Bai (who had since retired). In the land lease confirmation document provided by Mr. Nguyen Van Duong, Mr. Cao Dang Bai wrote: “The Headworks Irrigation Enterprise was established on January 1, 2005. At that time, Comrade Phan Van Phuong was appointed by the Company as the Head of the Administrative and Organizational Department and the unit's seal. As for the signature in this document, I, Cao Dang Bai, who was then the Director of the enterprise, did not sign this signature.” Mr. Cao Dang Bai did sign the confirmation, and this signature is vastly different from the signature on the land lease document for Mr. Duong.

Mr. Nguyen Van Duong's plot of land has been transferred to many households, who have built houses within the flood drainage area of ​​the Vach Bac canal. Photo: Pham Bang

Mr. Vo Sy Thang, Deputy Director of Bac Irrigation Company Limited, and Mr. Nguyen Van Le, Director of the Headworks Irrigation Enterprise, affirmed that, regarding suspicions of forged documents for illegal land leases, their unit had transferred relevant files to the Yen Thanh District Police since 2014, hoping for an investigation. They also stated that the nature of the case is very complex, as the land lease documents were initially issued to 5 households, but have now been divided and transferred to 9 households, who are now carrying out illegal construction.

Strict action is needed.

Regarding the suspected case of forging the signatures of leaders and using the seal of the Head Irrigation Enterprise to lease land, on May 22, 2014, the People's Committee of Do Thanh commune sent Report No. 18/BC-UBND to the People's Committee of Yen Thanh district, clearly stating that Mr. Nguyen Van Duong had encroached on the embankment of the Vach Bac canal and that he possessed a land lease confirmation from the Head Irrigation Enterprise; and simultaneously requested the People's Committee of Yen Thanh district, the Department of Agriculture and Rural Development, the Department of Natural Resources and Environment, the Department of Industry and Trade of the district, and other relevant departments to provide guidance to ensure stability on the Vach Bac embankment.

On May 26, 2014, in Official Document No. 568/UBND, the Chairman of the People's Committee of Yen Thanh District directed: "The Department of Natural Resources and Environment is assigned to take the lead in coordinating with the Head of the Department of Agriculture and Rural Development and the Head of the District Police to work with Bac Irrigation Company Limited and the People's Committee of Do Thanh Commune to clarify the incident and advise the District People's Committee on solutions for handling it before June 5, 2014."

However, this matter remains unresolved to this day. Responding to a reporter from Nghe An Newspaper, the Chairman of the Yen Thanh District People's Committee, Mr. Phan Van Tuyen, stated that as his successor, due to the complexities of land management and the disorderly construction on the embankment of the Vach Bac canal, the District People's Committee held a meeting on April 25, 2017, to find solutions. After the district inspectorate and relevant departments and the Do Thanh commune reported on the matter in detail, they directed an investigation into the violations to be handled according to the law.

Hundreds of houses belonging to residents of Do Thanh commune were built within the flood plain of the Vach Bac canal. Photo: Nhat Lan

Regarding the land lease cases involving Bac Irrigation Company Limited and the Headworks Irrigation Enterprise, on May 5, 2017, in Notice No. 178/TB-UBND, the Chairman of the People's Committee of Yen Thanh District directed: “The District Inspectorate is tasked with coordinating with the People's Committee of Do Thanh Commune and Bac Irrigation Company Limited to collect land allocation and lease documents to be submitted to the District Police for consideration and handling before May 15, 2017. Based on the transferred documents, the District Police will resolve the matter according to the provisions of the law. After receiving the conclusion from the police, the People's Committee of Yen Thanh District will develop a specific plan for handling the case…”.

However, concerns remain as to whether this directive will be implemented, or whether the situation will repeat itself as with the 2014 directive from the previous district chairman.

It is asserted that the suspicions of forged signatures of leaders and the unauthorized use of the seal of the Headworks Irrigation Enterprise are quite clear. Furthermore, the fact that the person "receiving" the land lease could not produce invoices or payment receipts proves that the individuals involved in this case illegally leased the land for personal gain.

Therefore, the cases involving the Bac Irrigation Company Limited and the Headworks Irrigation Enterprise cannot be equated with the cases of illegal land allocation carried out by the Do Thanh Commune People's Committee from 1995 onwards. A thorough investigation is necessary, followed by strict handling according to the law; only then can the encroachment on land within the flood drainage area of ​​the Vach Bac Canal be rectified!

Nhat Lan - Pham Bang