Discipline of erring officers, responsibility of leaders

Disciplining officials who have violated the law in recent cases such as: Illegal construction at 8B Le Truc building, Ba Dinh district (Hanoi); villa in Hai Van mountain (Da Nang); case of property destruction, murder, robbery against Mr. Huynh Van Nen in Binh Thuan, causing public opinion to question the strictness of the law...

Authorities enforce clearance of encroachment on sidewalks and traffic safety corridors in Vinh City.

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

Nearly 6 months have passed since the press reported on the 8B Le Truc building being built without a permit. On March 8, 2016, Vice Chairman of the Hanoi People's Committee Nguyen Quoc Hung issued Official Dispatch No. 1344/UBND-XDGT approving the disciplinary measures proposed by the Department of Construction's Disciplinary Council to handle the relevant officials.

House 8B Le Truc, built without permission, has been forcibly demolished.

Accordingly, Mr. Nguyen Cuong Quyet, Head of the Construction Inspection Team of Ba Dinh District, was disciplined by being demoted and transferred to another job for failing to complete the assigned management and operation tasks without a valid reason, resulting in serious consequences. For Mr. Pham Hung Phuong, Deputy Head of the Construction Inspection Team of Ba Dinh District, he was disciplined by being demoted and transferred to another job, and did not assign the task of managing construction order. Mr. Hoang Ngoc Vinh, Deputy Chief Inspector of the Department of Construction, was disciplined by being reprimanded. A disciplinary reprimand was applied to Mr. Le Van Duc, specialist of the Department of Construction's Licensing Management Department; a disciplinary decision was made to dismiss Mr. Nguyen Tien Dung, former head of the Construction Inspection Team of Dien Bien Ward. Mr. Pham Quoc Hung, Construction Inspection Specialist of Ba Dinh District, was disciplined by being warned and transferred to another job.

Transferred jobs 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. At the same time, assigned the Chief Inspector to issue a decision to discipline in the form of reprimand for Mr. Doan Van Bang and Ms. Chu Thi Huyen, Specialist 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 Department's Licensing Management Department, the two leaders of the Department of Construction have retired and are not subject to disciplinary action according to Decree 34/2011/ND-CP.

Thus, the individuals subject to disciplinary action in this case are only construction inspectors from departments, districts, wards and retired officials. The public is asking whether this is satisfactory and is waiting to see who else will be disciplined next?

With incidents that cause great public outrage, management agencies must consider this a lesson, seriously review, admit their mistakes and consider it an opportunity to build prestige and restore discipline in the performance of public duties.

2. Villa in Hai Van, Da Nang

Mr. Ngo Van Quang's villa has a total area of ​​1,411 m2 with more than a dozen houses in the Chim Chim hill area, sub-area 11 of Nam Hai Van special-use forest, Hoa Hiep Bac ward, Lien Chieu district (Da Nang). At the end of 2014, this villa was discovered to be illegally built. Also violating the law was the villa of Major General Phan Nhu Thach (former Director of Quang Nam Provincial Police).

On February 4, 2015, the People's Committee of Lien Chieu District issued an administrative penalty decision, forcing these two households to dismantle the villa within 35 days. Mr. Phan Nhu Thach complied, while Mr. Ngo Van Quang sent a petition to the Central Government expressing his wish to keep it as an ecological and spiritual tourist area, causing the demolition to be prolonged.

Thus, the wrongdoings were clear. On December 13, 2015, Mr. Dam Quang Hung - Vice Chairman of Lien Chieu District said 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 the People's Committee of Hoa Hiep Bac Ward, was reprimanded and Mr. Nguyen Xuan Hoai, Head of the Urban Regulation Inspection Team of Lien Chieu District, in addition to being reprimanded, had his salary increase period extended by 6 months.

On the morning of March 1, 2016, the Da Nang Forest Protection Department announced that it had decided to temporarily suspend 5 officers working at the Son Tra - Ngu Hanh Son Inter-District Forest Protection Department.

Previously, the People's Committee of Lien Chieu District only asked to "accept shortcomings and learn from experience". Similarly, related units including the Department of Natural Resources and Environment, the Department of Economics, the Urban Regulation Team, the Lien Chieu District Office, and the People's Committee of Hoa Hiep Bac Ward also asked to "review and learn from experience".

Is it appropriate to discipline the team leader of the district urban regulations inspection team, the ward vice chairman, with the same level of disciplinary reprimand without consideration for emulation and commendation (!?), and the forest rangers, with temporary suspension from work? Is there any problem?

The above constructions are worth hundreds of billions and must be demolished, but the disciplinary review is only at the "level" of the ward vice chairman, or the district construction order inspector, or the forest ranger? Can these people "cover up" for the illegally built villa in Hai Van mountain, Da Nang? Certainly not, and therefore, public opinion continues to ask questions...

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

This is the case in which Mr. Huynh Van Nen was sentenced to life imprisonment by the Trial Panel, leading to his unjust imprisonment for 17 years. The first instance trial sentencing Mr. Huynh Van Nen to life imprisonment on August 31, 2000, had 5 people, including 2 judges and 3 jurors, but 1 juror had passed away. Therefore, the People's Court of Binh Thuan province only held a review meeting with the remaining 4 people. Specifically, the people being reviewed included: Judge Nguyen Thanh Tam, Chairman of the trial (currently Deputy Chief Justice of the Criminal Court of Binh Thuan province); Judge Nguyen Thi Loc and 2 jurors. The People's Court of Binh Thuan province agreed to apply the form of criticism and experience drawing for the first instance trial panel that wrongly sentenced Mr. Nen and sent a document to the Supreme People's Court for reporting.

Violations by the investigative, prosecution, and trial agencies at the Binh Thuan People's Court wrongly convicted both cases, leaving innocent citizen Huynh Van Nen wrongfully imprisoned for 17 years, considered the "prisoner of the century". But is the handling of the case at the level of "criticism and experience" strict enough to warn and deter?

Meanwhile, on March 3, 2016, Mr. Nen was invited by the Supreme People's Procuracy's Investigation Department to come and file a complaint against 14 people who participated in the proceedings and wrongfully convicted him in 2 cases, causing mixed public opinions.

Officials, party members and people continue to hope and wait to see if the above handling results are final. Who will be responsible next?

The above incidents left many very concerning consequences, such as economic losses from billions to hundreds of billions of dong, Vietnam is not rich yet it builds and then destroys; spiritual losses of "17 years of unjust imprisonment", especially the reputation, honor, and trust of the people in the team of "public servants" of the people.

No one wants to discipline officials, however, for various reasons, if an official commits a serious violation that requires disciplinary action, that official must courageously accept responsibility, accept the form of discipline, and take serious measures to correct the shortcomings in order to progress. As for party and government organizations, internal criticism and experience-based review and handling are not strict enough; without publicity and transparency, the effectiveness of public service implementation will be very low. Discipline is to educate and train officials, not to prevent officials from correcting and progressing.

The Party and State are always determined to improve the quality of cadres and civil servants, clean up the apparatus, in which it is important to promote the capacity and responsibility of leaders!

According to the Communist Party of Vietnam