Inspection of state management of land in Thanh Ha commune (Thanh Chuong): Comprehensive weaknesses

Many errors

To evaluate the State management of land for the Thanh Ha Commune Party Committee, the Inspection Team, according to Decision No. 3317-QD/HU dated July 26, 2019 of the Standing Committee of Thanh Chuong District Party Committee, inspected the leadership and direction of the Party Committee; policies and supervision of the Commune People's Council; the implementation of the following tasks: propaganda, dissemination and education of laws on State management of land, compliance with legal regulations on land lease, change of land use purpose; issuance of land use right certificates, implementation of regulations on land management responsibilities...

Through inspection, in the total agricultural land area of ​​31.01 hectares of public land directly managed by the Commune People's Committee, 18.89 hectares are rented to people with land rental fees; 12.12 hectares are managed by hamlets and rented to people for use. In 2013, the Thanh Ha Commune People's Committee signed a contract to lease 320m2 to Thanh Chuong Telecommunications Center.²Land within the headquarters premises to build Vinaphone Transmitting Station, with a term of 10 years (2013 to 2023), the land rental amount the Company pays to the Commune People's Committee is 1,200,000 VND/month.

Citizen Hoang Van Nam, who wrote a petition denouncing a number of land violations in Thanh Ha commune. Photo: Nhat Lan

There are 6 cases confirmed and allowed by Thanh Ha Commune People's Committee to change land use purpose. Including individual households: Mr. Tran Van Thang, Hamlet 14, transferred 920m²Rice land converted to industrial crop land (tea) in Nha Cu field; Mr. Nguyen Van Son (village 14) transferred 929.9m²Rice land to industrial crop land; Mr. Tran Van Minh (village 14) transferred 364m²Rice land to aquaculture land; Mr. Pham Duc Sy (village 4) transferred 649m²Rice land to aquaculture land; Mr. Pham Duc Nhat (village 14) converted part of the area of ​​plot No. 492, map sheet No. 1, which is production forest land in Nha Luu commune, to industrial tea growing; Mr. Nguyen Cong Viet (village 13) converted the purpose of using 2 plots of rice land with an area of ​​1,064.7m2²to aquaculture land in Dong Ve Thuong. The conversion of land use purposes in these cases was confirmed by land officials and the Chairman of Thanh Ha Commune People's Committee.

From 2018 to the first 6 months of 2019, Thanh Ha Commune People's Committee did not organize relevant meetings and conferences to disseminate and educate about land laws.

In Thanh Ha commune, there are 2,374 households using land (1,254 households using residential land, 1,120 households using agricultural land). All households have registered for land use right certificates. Of which, 702 households have been granted land use right certificates (228 households using residential land, 474 using agricultural land), while 1,672 cases have not been granted (1,026 households using residential land, 646 using agricultural land).

By October 2018, the project of measuring, declaring, registering, and granting land use right certificates in Thanh Ha commune had ended, but the consulting unit had not yet handed over 1,672 declared, registered, and approved dossiers to the locality for management. Also in this locality, there were 98 cases of land allocation without proper authority before July 1, 2004. Currently, 55 cases have been granted certificates, the remaining 43 cases have not been granted certificates...

According to regulations, the People's Committee of Thanh Ha commune is responsible for inspecting and monitoring land users to detect, prevent and promptly handle violations. However, the People's Committee of Thanh Ha commune did not develop a plan to inspect the state management of land; it only inspected and handled when receiving information, feedback and recommendations from citizens and relevant agencies for 2 cases. Including Mr. Tran Dai Sy (village 14) built a house on forestry land in Duoi Ganh Vuc Dai and Mr. Pham Duc The (village 13) built a house on forestry land in Mui Thuyen hill area.

Illegal houses built on forestry land in Thanh Ha commune. Photo: Nhat Lan

In the case of Mr. Tran Dai Sy, after drawing up the Administrative Violation Record, the Thanh Ha Commune People's Committee issued a decision to impose a fine but had to cancel it because it was issued incorrectly; then, it had to issue a decision to apply remedial measures. However, Mr. Tran Dai Sy's household complied with paying the fine but did not return the land to the state it was in before the violation. The Thanh Chuong District People's Committee issued many documents urging, reminding, and criticizing, but the Commune People's Committee still did not handle the matter thoroughly.

In the case of Mr. Pham Duc The, in 2018, he upgraded his temporary house and expanded the house area on forestry land in Mui Thuyen, but Thanh Ha Commune People's Committee did not promptly inspect and detect it. Only when the press reported (Nghe An Newspaper published on March 21, 2019), did the District People's Committee issue Document No. 424/UBND-TNMT dated March 25, 2019 to direct the inspection, verification and handling. And although Thanh Chuong District People's Committee once issued a document assigning Thanh Ha Commune People's Committee to rectify land management and handle this violation, there has been no definitive measure to handle the violation to date.

Also from the beginning of 2018 to June 2019, Thanh Ha commune still had 3 pending land disputes and complaints that had not been resolved. These included the case of Mr. Tran Dai Sy, hamlet 14, Thanh Ha commune illegally building a house on forestry land in Duoi Ganh Vuc Dai; the case of Mr. Pham Duc The building a house on forestry land in Mui Thuyen area and the case of Mr. Pham Duc The encroaching on Bau Sen pond...

Regarding land plot 517 where Mr. Tran Dai Sy's household has administrative violations on land, Thanh Chuong District People's Committee assigned Thanh Ha Commune People's Committee to continue to inspect, verify and make specific conclusions about the origin of the land plot; clarify which collective or individual is the legal land user. Then, report to the District People's Committee to have a basis for consideration and settlement according to regulations.

The land and house that Mr. Tran Dai Sy is using is located next to the Ho Chi Minh trail. Photo: Nhat Lan

Clear cause, serious correction

From the Inspection Team's Report, Thanh Chuong District Party Committee pointed out the causes of violations and mistakes in state management of land in Thanh Ha commune, namely: The Standing Committee, the Party Executive Committee of the commune and individual comrades in the Standing Committee, headed by comrade Nguyen Dinh Tinh, former Party Secretary - Chairman of the People's Council of the commune from 2015 to May 2019, due to lack of inspection, supervision, urging and reminders in leadership and direction, leading to the above limitations, shortcomings and violations of the People's Committee of the commune. The Standing Committee of the People's Council of the commune has not yet established a specialized monitoring team on the role of state management of land for the People's Committee of Thanh Ha commune to promptly detect and propose to thoroughly handle cases of administrative violations of land and outstanding petitions.

Regarding the People's Committee of Thanh Ha commune, there have been limitations, shortcomings and violations in the State management of land in the area, specifically: leasing land to Thanh Chuong Telecommunications Center within the premises of the People's Committee headquarters; not applying measures to prevent and thoroughly handle land violations; violating regulations when confirming and allowing the change of land use purpose for 6 households; allowing hamlets to directly manage 12.12 hectares of public land, leasing and collecting public land use fees to households; issuing and exchanging Land Use Right Certificates after surveying cadastral maps at a low rate, the number of files that do not meet the conditions for granting certificates is still too high (1,672 files, accounting for 70.4%)...

The main responsibility belongs to the Thanh Ha Commune People's Committee, first of all, the responsibility of Mr. Phan Van Lan - Chairman of Thanh Ha Commune People's Committee for the 2015 - 2020 term, Mr. Hoang Cao Phon - Chairman of Thanh Ha Commune People's Committee for the 2010 - 2015 term; Mr. Dang Huu Bien - Vice Chairman of Thanh Ha Commune People's Committee bears part of the joint responsibility; the former land official, Mr. Hoang Van Luyen and the current land official, Mr. Le Van Dai bear part of the responsibility for advising on implementation.

Chairman of Thanh Ha Commune People's Committee - Mr. Phan Van Lan was "surprised" when seeing pictures of illegal construction on forestry land (photo taken in March 2019). Photo: Nhat Lan

Thanh Chuong District Party Committee requested the Thanh Ha Commune Party Committee to organize a review conference to clarify the causes and responsibilities of the Standing Committee, the Commune Party Committee and related individuals for the above-mentioned limitations and shortcomings for consideration and handling according to Party regulations; discuss and propose solutions to lead and direct the Commune People's Committee to promptly overcome the above-mentioned limitations, shortcomings and violations (to be completed before November 30, 2019).

Request the People's Committee of Thanh Ha commune to focus on overcoming shortcomings, violations, and mistakes; at the same time, organize a review conference to clarify the causes and responsibilities of the People's Committee of the commune and related individuals for the above limitations, shortcomings, and violations to consider and handle them in accordance with the provisions of law (to be completed before November 30, 2019). Strengthen the inspection, detection, prevention, and timely handling of administrative violations in the field of land in the area; inspect, review, and strictly manage unallocated forestry land funds, not to let them be encroached, occupied, and misused...

Regarding the State management of land in Thanh Ha commune, in March 2019, from verifying citizens' petitions, Nghe An Newspaper published a series of investigative articles "Thanh Ha Commune, "hot" from a complaint”. Here, in addition to clearly stating the violations and mistakes, it also affirmed that Thanh Ha commune government lacks responsibility in State management work, and requested Thanh Chuong district to inspect, clarify and promptly rectify.