Taking advantage of mistakes to make illegal profits

November 13, 2014 08:15

(Baonghean) - Taking advantage of the people's lack of knowledge, the Long Son Commune Police (Anh Son) acted in a manner that could be considered "arbitrary and sloppy". They are law enforcement officers, but they intentionally violated the law to gain illegal profits...

At the end of October 2014, Nghe An Newspaper received a complaint from the people of Hamlet 12, Long Son Commune (Anh Son), the content of the complaint is as follows: People with errors in their household registration books must pay high fines if they want to correct them. Coming to Hamlet 12, we somewhat understood the frustration of the farmers in this poor rural area. Mr. NVL, one of the "sufferers" said: My wife's year of birth is 1964, but the household registration book says 1962, my daughter's year of birth is 1989, but the household registration book says 1990. The cause of the error could also be that I don't remember exactly when I made the household registration book, leading to a wrong declaration. Now I want to correct it to be consistent with other documents. However, to correct the above error, I have to pay a fine of 500,000 VND to the commune police.

In Mr. NVH's case, all documents from his identity card, resistance medals, insurance card... all recorded his year of birth as 1949, but his household registration book stated 1947. Therefore, when he went to the commune police to request a correction, he was fined 500,000 VND. Mr. H said: "They said many mistakes, fined a lot, made small mistakes, fined a little, then asked me "how old are you in your shirt pocket?", I found 300,000 VND left, so I had to owe 200,000 VND and still haven't paid it back yet." In Mr. NTB's case, all documents had the middle name "Thanh", but his household registration was "Van". To complete the bank loan procedures, he went to the commune to request a correction, but also had to pay a fine of 1 million VND. Mr. B was upset: “I didn’t pay much attention because I had to do any paperwork, and I didn’t know why I made such a mistake. But when I went to the commune, I heard the police say that this error should have been 3 million, but I was only fined 1 million. Partly because I didn’t have the money yet, and partly because I was so upset, I didn’t pay and left. But later, I needed my household registration to resolve some matters, so I had to grit my teeth and pay the money...

Minh họa: Hồng Toại
Illustration: Hong Toai

The three cases mentioned above are only representative of many households we have approached. After paying the fine, Mr. NTB had his household registration book corrected and reissued on January 4, 2012; Mr. NVL had his household registration book corrected and reissued on January 10, 2014; Mr. NVH had his registration book corrected on June 23, 2014. All households that paid the fine did not have a receipt for payment.

According to Lawyer Nguyen Trong Hai - Head of Trong Hai & Associates Law Office: Clause 2, Article 29, Law on Residence 2006 stipulates the adjustment of changes in the household registration book. Accordingly: "In case of changes in the surname, given name, middle name, date of birth, month, year or other changes in the household registration of the person named in the household registration book, the head of the household or the person with the change or the authorized person must carry out the adjustment procedure. The person coming to carry out the procedure must present the household registration book, birth certificate or decision allowing the change by the competent authority on household registration; submit the household registration and population change notification form".

Thus, the law allows citizens to change information about their last name, first name, middle name, date of birth in the household registration book. When coming to do the change procedure, citizens must present one of the above-mentioned documents. Fees are collected according to the regulations of the Provincial People's Council.

Mr. Nguyen Thua Giap, Chief of Long Son Commune Police, said that the Commune Police Department imposed fines according to the regulations in Point b, Clause 2, Article 8 of Decree 167/2013, which is wrong. Because the errors in the household registration book were due to people's mistakes, not intentional provision of false information. Therefore, this regulation cannot be applied to impose fines.

From the reflection of the households, verified at the commune police department, but we received the answer "must check again". However, through the argument of Mr. Nguyen Thua Giap, Head of Long Son Commune Police, somewhat revealed the incident as reflected. Because Mr. Giap said: "Pure" mistakes due to remembering the lunar date to solar date and vice versa, each time of correction, the fee is 8,000 VND, but if the full name, date of birth... are "not pure" mistakes due to purpose, intentionally recorded wrong, due to people providing wrong information... all apply the fine from 1 to 2 million as stipulated in Point b, Clause 2, Article 8 of Decree 167/2013. However, at the local level, fines can only be imposed at the level of 1 million or less.” When we mentioned looking at the fine records and receipts for cases of fines due to errors in the household registration book, Mr. Giap asserted: All have receipts and invoices. After the commune police signed the decision to impose a fine, the people went to the financial accountant to pay the money, the police did not collect it.

However, when checking at the finance department, there were no receipts for the three specific cases mentioned above. According to the commune's financial officer's response when we requested to check the fine receipts from 2012 to now: "Previously, my uncle, sister... made them so they were kept elsewhere." But right in the receipt book provided by this financial officer, there were receipts from the beginning of April 2014 to August 2014 that still did not have the name of Mr. NVH, the person who was "fined" for the mistake of correcting the year of birth from 1947 to 1949 on June 23, 2014 (correction date - PV) as we mentioned above. Returning to ask Mr. Giap about some cases of giving money without receipts to the commune police to correct errors in the household registration book, Mr. Giap calmly said, "That was the money they gave as a bonus...".

With the handling of Long Son Commune Police, except for the case of confusion from lunar to solar date and vice versa, all errors on the household registration book must be fined whenever people need to correct them. Talking to us about this issue, Lieutenant Colonel Phung Xuan Hung, Deputy Head of the Guidance and Registration Team for Residence Management, Department of Administrative Management of Social Order of the Provincial Police, said: The above errors are all due to people's mistakes, not intentional, so correcting the errors is the responsibility of the police and people only have to pay the fee to adjust the changes in the household registration book according to regulations.

Quang An

Featured Nghe An Newspaper

Latest

x
Taking advantage of mistakes to make illegal profits
POWERED BYONECMS- A PRODUCT OFNEKO