The hidden side of an administrative case

October 12, 2011 15:35

(Baonghean)Although the trial concluded nearly half a month ago, the case of Mr. T, the head of a department in District H, suing the People's Committee of District H is still causing a stir in public opinion.

At the trial that day, the courtroom was packed, even the exit was crowded. Everyone was interested and eager to attend, because they wanted to see what kind of person Mr. T was to dare to sue his superior. While there have been precedents of citizens suing government officials over decisions, a high-ranking official suing his superior is... unprecedented! So what was the hidden aspect behind this lawsuit?

The events can be summarized as follows: On September 21, 2009, Mr. T submitted an application and documents requesting the re-registration of his birth at the People's Committee of his hometown commune. Based on the documents he provided, the People's Committee of the commune issued him a re-registered original birth certificate with his birth year recorded as 1955. However, on November 26, 2010, the People's Committee of District H issued a decision to revoke and cancel Mr. T's re-registered original birth certificate for the following reasons: Mr. T's re-registration procedure was incomplete according to the law, and Mr. T currently possesses an original birth certificate (first registered on April 16, 1974) recording his birth year as 1952, stored in the personnel file of civil servants at District H. Disagreeing with this decision, Mr. T sued District H in court, arguing that his original birth certificate, showing his birth year as 1952, had been altered, tampered with, or damaged, and was no longer legally valid or usable, and therefore "should" be allowed to be re-registered.

Examination of Mr. T's records reveals that his identity card issued by the Nghe Tinh Public Security in 1983, his family household registration book, high school transcript and a copy of his high school graduation certificate issued in 1974, his student record and graduation certificate issued by the Agricultural University in 1979, his motorbike registration, driver's license, and several other documents all indicate his year of birth as 1955. Only his cadre record and party member record state his year of birth as 1952.

From observing the trial, we noticed something strange: Mr. T himself was the one who altered his own birth certificate. He registered his birth year as 1955, then erased and corrected it to 1952, and now he's registering it again as 1955. What was Mr. T's motive behind his actions?

Through inquiries with Mr. T's friends and relatives, we gradually uncovered the true nature of the problem. In fact, Mr. T was born in 1952, as he had stated in his personal records. However, during his secondary education, he failed to pass the entrance exam for high school and attended a supplementary education program. After two years of supplementary education, he dropped out and took a year off before retaking the entrance exam for high school. Therefore, to ensure his birth year in his documents matched his schooling, he registered his birth year as 1955 in 1974. However, after becoming a civil servant at the District People's Committee, facing the hardships of the 1980s and the desire for early retirement, he arbitrarily altered his birth certificate, changing his birth year from 1955 to 1952 to match his previously declared civil servant and party member records. However, things didn't turn out as he expected. The living standards of civil servants improved, and Mr. T. was even appointed head of department, so he wanted to prolong his time enjoying the "benefits." Therefore, he came up with a "trick" to re-register his birth certificate.

The trial has concluded, and the panel of judges has dismissed Mr. T's lawsuit. Without discussing the right or wrong of the court's decision, public opinion remains concerned because Mr. T is an official and Party member, formerly the Head of the Justice Department and currently the Chairman of the Lawyers' Association of District H, so he should surely be very knowledgeable about the law. However, driven by self-interest and exploiting legal loopholes, he arbitrarily altered documents to his advantage at different times, then falsely accused himself of erasing the original birth certificate in order to have it re-registered.


Tram Anh

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The hidden side of an administrative case
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