Disciplining officials who commit violations, the responsibility of the head of the organization.

March 17, 2016 09:50

Disciplinary action against officials involved in recent cases, such as the illegal construction at 8B Le Truc Street, Ba Dinh District (Hanoi); the villa in Hai Van Mountain (Da Nang); and the case of property destruction, murder, and robbery against Mr. Huynh Van Nen in Binh Thuan, has raised questions about the strictness of the law...

Lực lượng chức năng cưỡng chế giải tỏa lấn chiếm vỉa hè, hành lang ATGT
Authorities are enforcing regulations to remove encroachments on sidewalks and traffic safety corridors in Vinh City.

1.House 8B Le Truc Street, Ba Dinh District (Hanoi)

Nearly six months have passed since the media reported on the illegal construction of the 8B Le Truc building. On March 8, 2016, the Vice Chairman of the Hanoi People's Committee, Nguyen Quoc Hung, issued Official Document No. 1344/UBND-XDGT approving the disciplinary measures proposed by the Disciplinary Council of the Department of Construction for the relevant officials.

Nhà 8B Lê Trực
The illegally constructed building at 8B Le Truc Street has been demolished.

Accordingly, Mr. Nguyen Cuong Quyet, Team Leader of the Ba Dinh District Construction Inspection Team, was demoted and transferred to another position for failing to complete his assigned management and operational duties without justifiable reason, resulting in serious consequences. Mr. Pham Hung Phuong, Deputy Team Leader of the Ba Dinh District Construction Inspection Team, was demoted, transferred to another position, and not assigned any construction order management duties. Mr. Hoang Ngoc Vinh, Deputy Chief Inspector of the Department of Construction, received a reprimand. A reprimand was also applied to Mr. Le Van Duc, specialist in the Licensing Management Department of the Department of Construction; and Mr. Nguyen Tien Dung, former team leader of the Dien Bien Ward Construction Inspection Team, was dismissed from his job. Mr. Pham Quoc Hung, specialist in the Ba Dinh District Construction Inspection Team, received a warning and was transferred to another position.

Transfer of duties for Mr. An Quoc Viet, Officer of the Ba Dinh District Inspection Team, and Mr. Nguyen Ngoc An, Specialist of the Ba Dinh District Construction Inspection Team. Simultaneously, the Chief Inspector is instructed to issue a disciplinary decision in the form of a reprimand against Mr. Doan Van Bang and Ms. Chu Thi Huyen, Specialists of the Ba Dinh District Construction Inspection Team. Regarding Mr. Nguyen Quoc Tuan, former Deputy Director of the Department, and Ms. Le Thi Nhung, former Head of the Licensing Management Department, these two former leaders of the Department of Construction have retired and are therefore not subject to disciplinary action under Decree 34/2011/ND-CP.

Thus, the individuals being considered for disciplinary action in this case are only construction inspectors from the department, district, and ward levels, as well as retired officials. Public opinion questions whether this is satisfactory and wonders who else will be disciplined next?

In cases that cause significant public outrage, the authorities must view these as lessons learned, conduct serious self-criticism, acknowledge their mistakes, and consider them opportunities to rebuild credibility and restore discipline in the performance of their duties.

2. Mansion in Hai Van, Da Nang

Mr. Ngo Van Quang's villa complex, with a total area of ​​1,411 m2 and more than a dozen houses, is located in the Chim Chim hill area, sub-zone 11 of the Nam Hai Van special-use forest, Hoa Hiep Bac ward, Lien Chieu district (Da Nang). In late 2014, this villa complex was discovered to have been built illegally. Also in violation was the villa complex of Major General Phan Nhu Thach (former Director of the Quang Nam Provincial Police).

On February 4, 2015, the People's Committee of Lien Chieu District issued an administrative penalty decision, ordering the two households to demolish their villas within 35 days. Mr. Phan Nhu Thach complied, while Mr. Ngo Van Quang sent a petition to the central government expressing his wish to retain the villas as an eco-tourism and spiritual area, which prolonged the demolition process.

Thus, the wrongdoing is clear. On December 13, 2015, Mr. Dam Quang Hung, Vice Chairman of Lien Chieu District, stated that after the District Party Committee and the District People's Committee held a review meeting, two officials were disciplined: Mr. Tran Phuoc Huan, former Vice Chairman of Hoa Hiep Bac Ward People's Committee, received a reprimand, and Mr. Nguyen Xuan Hoai, Head of the Urban Planning Inspection Team of Lien Chieu District, in addition to a reprimand, had his salary increase delayed by 6 months.

On the morning of March 1, 2016, the Da Nang Forest Protection Department announced that it had decided to temporarily suspend five officials working at the Son Tra - Ngu Hanh Son inter-district forest protection unit.

Previously, the Lien Chieu District People's Committee only requested to "acknowledge shortcomings and learn from experience." Similarly, related units including the Department of Natural Resources and Environment, the Department of Economy, the Urban Regulations Team, the Lien Chieu District Office, and the Hoa Hiep Bac Ward People's Committee also requested to "conduct self-criticism and learn from experience."

Is it fair to discipline the district's urban regulations inspection team leader and the ward's vice chairman with a reprimand, with the latter being excluded from consideration for awards and commendations, while the forest rangers are temporarily suspended from duty? Are there any other issues?

These structures, worth hundreds of billions of dong, must be demolished, yet disciplinary action is only being considered at the level of a Deputy Chairman of the ward, a district construction order inspector, or a forestry official? Can these individuals "cover up" for the illegally constructed mansions on Hai Van mountain in Da Nang? Certainly not, and therefore, public opinion continues to raise questions...

3. The case of property destruction, murder, and robbery against Mr. Huynh Van Nen.

This is the case where Mr. Huynh Van Nen was sentenced to life imprisonment by the Trial Panel, leading to his wrongful imprisonment for 17 long years. The first-instance trial, which sentenced Mr. Huynh Van Nen to life imprisonment on August 31, 2000, involved five people: two judges and three lay judges. However, one lay judge has since passed away. Therefore, the Binh Thuan Provincial People's Court only held a review meeting with the remaining four. Specifically, those being reviewed included: Judge Nguyen Thanh Tam, the presiding judge (currently the Deputy Chief Judge of the Criminal Court of the Binh Thuan Provincial People's Court); Judge Nguyen Thi Loc; and two lay judges. The Binh Thuan Provincial People's Court unanimously agreed to apply a form of criticism and learn from the experience regarding the first-instance trial panel that wrongfully sentenced Mr. Nen, and sent a report to the Supreme People's Court.

The violations by the investigative, prosecutorial, and judicial authorities in Binh Thuan province, resulting in the wrongful conviction of both cases and the unjust imprisonment of the innocent citizen Huynh Van Nen for 17 years—considered the "prisoner of the century"—are only being dealt with at the level of "criticism and lessons learned." Is this sufficiently strict and deterrent?

Meanwhile, on March 3, 2016, Mr. Nén was summoned by the Investigation Department of the Supreme People's Procuracy to submit a complaint against 14 people involved in the prosecution who wrongly accused him in two cases, which sparked mixed public opinions.

Party officials, members, and the people continue to hope and wait to see if the above handling results are final. Who else will be held responsible?

The aforementioned incidents have left behind many serious consequences, including economic losses ranging from billions to hundreds of billions of dong (Vietnam is not yet rich, yet it builds only to destroy); and psychological damage, particularly the "17 years of wrongful imprisonment," and the loss of prestige, honor, and public trust in the team of officials who are supposed to be "servants" of the people.

No one wants to discipline officials; however, for various reasons, if an official commits a violation or disciplinary action that warrants it, that official must bravely accept responsibility, accept the disciplinary measure, and seriously take measures to correct their mistakes and improve. As for Party and government organizations, internal criticism and lessons learned during self-criticism and disciplinary actions are not sufficiently rigorous; without transparency and openness, the effectiveness of public service will be very low. Discipline is meant to educate and train officials, not to prevent them from correcting their mistakes and improving.

The Party and the State are always highly determined to improve the quality of cadres and civil servants, purify the system, and importantly, to promote the capacity and responsibility of leaders!

According to the Communist Party of Vietnam

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Disciplining officials who commit violations, the responsibility of the head of the organization.
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