Clarifying many violations in land management and use on Vach Bac canal

(Baonghean.vn) - For many years, the management and use of land within the protection area of ​​Vach Bac irrigation canal (Do Thanh commune, Yen Thanh) has been extremely lax, leading to the situation of buying and selling land and constructing houses contrary to the provisions of the law. Conclusion No. 641/KL-UBND dated November 2, 2017 of the Provincial People's Committee clearly pointed out this situation.

Identifying errors

Regarding the current land use status within the scope of the Vach Bac canal irrigation project, there are currently 161 households building houses (53 households building level 4 houses, 43 households building 1-storey houses, 63 households building 2-storey houses, 2 households building 3-storey houses); 22 households have not built houses or constructions; 5 households have built enclosures and filled soil to create a flat surface but have not built houses.

Hundreds of houses of Do Thanh commune residents were built illegally on the Vach Bac canal. Photo by Nhat Lan

In addition, 4 households presented land allocation decisions and receipts but have not been allocated land by the People's Committee of Do Thanh commune; and Phu Loc Investment and Trade Company Limited has built an artificial football field with part of the area located within the corridor of the Vach Bac canal irrigation project.

This is a serious violation of the provisions of the law on land and protection of irrigation works. The main responsibility belongs to the People's Committee of Do Thanh commune; besides, the Bac Irrigation One Member Co., Ltd. and its affiliated units, the Key Irrigation Enterprise and Main Canal.

People carelessly dump soil and encroach on the canal bed, affecting the flood drainage of Vach Bac canal. Photo by Pham Bang

For the People's Committee of Do Thanh commune, the allocation of land within the scope of protection of irrigation works (with and without collection of fees) to households over periods (determined from 1987 to present) is beyond its authority, violating the provisions of the 1987 Land Law and Article 23 of the 1993 Land Law, Decree No. 141 - CP dated September 26, 1963 of the Government Council on promulgating regulations on management, exploitation and protection of irrigation works; Clause 4, Article 28, Ordinance on exploitation and protection of irrigation works dated August 31, 1994; Decree No. 98/CP dated December 27, 1995 of the Government on regulations on the implementation of the Ordinance on exploitation and protection of irrigation works.

In December 2016, Do Thanh Commune People's Committee leased unused land (non-agricultural land) around the Water Plant area at plots 150 and 162, map sheet 07 to Phu Loc Investment and Trade Company Limited.

Total leasable area is 3,807m2², including a part of the area for building a football field (artificial turf) located on the corridor of the Vach Bac canal irrigation project. This action of the People's Committee of Do Thanh commune violates the provisions of the law on land and protection of irrigation projects.

According to the Chairman of the People's Committee of Do Thanh commune, the Vice Chairman of the People's Committee of the commune also has a solidly built 2-storey house on the area of ​​Vach Bac canal (the house in the photo). Photo: Pham Bang

With the Northern Irrigation One Member Co., Ltd. and the Key Irrigation Enterprise and Main Canal, related to the land lease for 6 households. Through checking records and documents; verifying responsible and related individuals of these two units and 6 households, it was found that there were signs of falsifying documents and papers of agencies and organizations that needed to be investigated, verified and clarified by the investigative agency.

Clarify responsibilities and handle them strictly

Conclusion 641 clearly stated that the situation of land leasing, trading, and illegal construction of houses on Vach Bac canal for a long time has not been prevented in time, and has even recurred recently.

The main responsibility belongs to the People's Committee of Do Thanh commune through the periods; besides, the Department of Natural Resources and Environment of Yen Thanh district is responsible for state management of land; the People's Committee of Yen Thanh district lacks inspection, supervision, and resolute handling of violations.

The Provincial People's Committee directed the Chairman of the People's Committee of Yen Thanh district to: Strictly handle violations (construction, encroachment, occupation, transfer of land use rights on Vach Bac canal); closely monitor and require households to maintain the status quo.

Organize a review and strictly handle the responsibilities of the Heads of the Department of Natural Resources and Environment of different periods and related individuals in the state management of land, organize a review and take disciplinary action against the Chairman of the People's Committee of Do Thanh commune, Mr. Nguyen Van Xuyen, and the Vice Chairman of the People's Committee of Do Thanh commune, Mr. Nguyen Van Huong.

Direct the People's Committee of Do Thanh commune to stop leasing unused land around the clean water plant area to Phu Loc Investment and Trade Company Limited and request this company to dismantle the artificial football field that was illegally built within the corridor of the Vach Bac canal irrigation project...

In August 2017, while the provincial inspection team was conducting inspections in Do Thanh commune, people were still building houses. Photo: Nhat Lan

At the same time, assign the Chairman of Yen Thanh District People's Committee to implement the resettlement planning in Do Thanh commune, develop a plan for site clearance and resettlement for families on Vach Bac canal. Request to develop a specific plan and roadmap; in the immediate future, priority will be given to households with land allocation papers from the commune but do not have a house.

In addition, the Provincial People's Committee assigned the Department of Agriculture and Rural Development to strengthen state management of dykes, canals and ditches; regularly inspect, detect and handle violations of dyke and canal corridors.

Preside and coordinate with Yen Thanh District People's Committee and Bac Irrigation One Member Co., Ltd. to set up elevation markers and set up markers for the protection corridor of Vach Bac canal; develop and implement a plan to clear the flood escape corridor of Vach Bac canal...

Continue to investigate signs of crime

There are two issues that the Provincial People's Committee is concerned about and continues to direct strict investigation and handling. These are the cases of 6 households with records and documents showing that the Bac Irrigation One Member Co., Ltd. and its affiliated unit, the Head Irrigation Enterprise and the Main Canal, leased land; and the cases of 10 households with records and documents showing that they were granted land for bidding and used for business purposes in the area of ​​Vach Bac canal, but these households are not on the land allocation list and are not on the Do Thanh Commune People's Committee's payment book.

Suspicions of forged seals and documents were sent to Nghe An Newspaper reporters by representatives of the Bac Irrigation One Member Co., Ltd. Photo: Nhat Lan

With 6 households related to the Northern Irrigation One Member Co., Ltd. and its affiliated unit, the Key Irrigation Enterprise and Main Canal (including one household that transferred land to 3 households), most of them have built houses.

As for the 10 households that have a decision from the People's Committee of Do Thanh commune on land allocation through bidding, 4 households have built surrounding walls and filled the land; 2 households have built solidly; 4 households have submitted the decision but have not yet been allocated land.

The files and documents related to these cases, identified in Conclusion 641, show signs of crime of forging seals, documents, records, and papers of agencies and organizations. Therefore, the Provincial People's Committee directed "the Provincial Inspectorate to complete procedures to transfer the files to the Provincial Police Investigation Agency for investigation and handling".

Nhat Lan