Struggling to find a solution to encroachment on Vach Bac canal

(Baonghean) - The situation of people encroaching on the Vach Bac canal section through Do Thanh commune (Yen Thanh) and then building solid houses right within the canal's flood discharge area is getting more and more serious. The incident has lasted for many years, but the authorities at all levels in Yen Thanh as well as the canal management unit, Bac Irrigation Company Limited, have shown "helplessness" and have not found a definitive solution.

Serious lax management

The Vach Bac Canal was built in 1976 to drain water for 13 communes of Yen Thanh district. The section passing through Do Thanh commune is over 1.7km long and is managed and exploited by the Bac Nghe An Irrigation Company Limited. Since 2000, this project has always been encroached upon by people to build houses within the canal's flood drainage area.

Hundreds of houses of Do Thanh commune residents were built on the flood discharge area of ​​Vach Bac canal. Photo: Nhat Lan

According to the design, the width of Vach Bac canal is 90m, but the section passing through Do Thanh commune has been encroached by people from 15-20m. Along Vach Bac canal, hundreds of solid houses, many of which are high-rise buildings, are located close together, many houses are still under construction, people living on the canal bed as if it is completely normal.

According to the synthesis of the North Nghe An Irrigation Company, there are currently about 208 families with residential land within the protection area of ​​the Vach Bac canal irrigation project. Up to now, there have been 172 cases of building houses, and about 37 cases have not built houses.

To allow people to build houses within the flood escape area of ​​the Vach Bac canal, first of all, we must mention the responsibility of the Do Thanh Commune Government (Yen Thanh) in land management. Since 1985, the Do Thanh Commune People's Committee has sold land without a term of use to 6 households by buying bonds with the purpose of letting people build business houses. From 1992 to 1996, the Do Thanh Commune People's Committee continued to sell land within the canal to 168 cases, these households paid money to the commune budget.

Since then, in the process of land use, households have continued to divide plots, buy, sell, and transfer land, so the number of households with land here has increased to 199 cases. The land sale by the People's Committee of Do Thanh commune through many stages was concluded to be beyond its authority, seriously violating the Land Law, violating the 1994 Ordinance on Exploitation and Protection of Irrigation Works and the 1994 Ordinance on Protection of Traffic Works.

Not only that, the Do Thanh commune government has shown lax management of basic construction when allowing people to build houses right within the flood drainage area of ​​the Vach Bac canal without taking measures to prevent it from the beginning and resolve it completely. Specifically, although the land sale of Do Thanh commune was to build a business booth, in fact, since 2000, people have built hundreds of solid houses. Notably, in the cases of building houses here, according to Mr. Nguyen Van Xuyen - Chairman of the People's Committee of Do Thanh commune, there are also houses of the Deputy Secretary of the Party Committee and the Vice Chairman of the People's Committee of the commune.

According to the Chairman of the People's Committee of Do Thanh Commune, this is the house of the Vice Chairman of the People's Committee of the Commune. When the construction was banned, the people thought that if the officials could build houses, the people could build houses too. Photo: Pham Bang

After discovering that people were building illegal houses, the commune authorities coordinated with the Northern Irrigation Company to inspect and make a record of the violation. After that, the authorities issued a decision to impose administrative fines, but the people refused to pay. However, the commune did not have other administrative measures such as confiscating evidence or enforcing the administrative decision, but... "helplessly" watched the houses continue to grow.

While all levels and sectors are looking for a definitive solution, one measure proposed is to require maintaining the status quo, not allowing households to build new houses, expand houses, or illegally transfer land use rights. However, this measure has not been strictly implemented.

According to Mr. Nguyen Van Xuyen - Chairman of the People's Committee of Do Thanh commune, people secretly build at night and on holidays so the commune cannot manage it, but in reality, people still carelessly dump materials and build houses openly in broad daylight without any drastic prevention from the authorities. Right at this time, an inspection team from the Provincial Inspectorate is working to check the land management and basic construction management in Do Thanh commune according to the direction of the Provincial People's Committee, but the construction is still going on normally, as if nothing happened.

"Helpless" watching people violate

After discovering the situation of people building houses within the flood escape area of ​​Vach Bac canal, many inspection and examination teams from all levels and sectors came to Do Thanh commune to work to find a solution. During the review of land purchase cases by the Commune People's Committee, about 30 cases were discovered with unclear origin of documents and signs of forgery.

The houses continue to be built even though the People's Committee of Yen Thanh district has requested the People's Committee of Do Thanh commune to maintain the current status quo and prohibit people from building new houses or adding more. Photo: Nhat Lan

In response to that incident, on May 9, 2017, Mr. Phan Van Tuyen - Chairman of Yen Thanh District People's Committee requested Do Thanh Commune People's Committee to collect documents and papers on land origin (original) to send to Yen Thanh District Police for appraisal before May 15, 2017. In case households do not submit original documents, the District People's Committee will not consider the legality of those documents. In the coming time, households that build new or expand their land will be handed over to the Commune People's Committee to make a record of suspension, impose fines and enforce according to regulations.

Yen Thanh District People's Committee also assigned Do Thanh Commune People's Committee to return money to Mr. Tran Van Tam's household (Phu Xuan hamlet) because the hamlet illegally allocated land and to enforce the 2 households encroaching on the canal, Le Hong Nghiem and Tran Van Hiep. However, Do Thanh commune leaders said that no household has yet submitted the original documents and the commune has not been able to enforce the decision.

In addition, there were 5 cases (now 9 cases) with documents leased by Bac Nghe An Irrigation Company Limited and the Irrigation Enterprise. However, Mr. Vo Sy Thang - Deputy General Director of Bac Nghe An Irrigation Company Limited and Mr. Nguyen Van Le - Director of the Irrigation Enterprise said that in 2012, 2 households illegally built houses on Vach Bac canal. When the company's staff came down to inspect and make a record of suspension, they presented 2 land lease papers with red stamps and signatures of the Enterprise Director and the Company Director.

However, the company and factory leaders claimed that the signatures in the documents were not theirs. Later, in 2013, the factory reported to the company and handed over the documents to Yen Thanh District Police, but to date, Yen Thanh District Police have not yet announced the resolution of the case.

People carelessly dumped rocks and soil to encroach on the canal bed, narrowing the flow and affecting the flood drainage capacity of Vach Bac canal. Photo: Pham Bang

Mr. Phan Van Tuyen - Chairman of Yen Thanh District People's Committee admitted that the issue of people encroaching on Vach Bac canal in Do Thanh commune is very complicated and currently all levels and sectors are still struggling to find an optimal solution to resolve the above situation. Meanwhile, people still defy to commit their illegal acts in the "helplessness" of the authorities.

In order to prevent the encroachment of the Vach Bac canal, relevant levels and sectors need to clearly identify the responsibilities of each unit and individual for the above situation, and then have strict handling measures. If there is enough basis, they can be prosecuted before the law. In addition to propaganda on the protection of irrigation works, it is necessary to strictly handle subjects who deliberately repeat new construction. Review and make a list of violating households; classify violations, complete violation records to find solutions to resolve violations of irrigation works in accordance with the provisions of law.

Nhat Lan - Pham Bang