They brazenly cut down trees on disputed forest land.

Ambiguous buying and selling

According to a statement from a representative of Mr. Nguyen Ba Ngoc's family (Mr. Ngoc passed away in 2016), on December 14, 2002, Mr. Ngoc received a transfer of 20 hectares of land.forest landThe land owned by Mr. Phan Cong Tien includes plots 375, 318, and 378, map sheet number TK888, in the Khua area, Dong Thinh hamlet (Thinh Thanh commune). Currently, according to map 163, this area is plot number 219, map sheet number 02, registered under Mr. Ngoc's name. After completing the sale, on the same day, Mr. Ngoc proceeded to register the land use rights and determine the boundaries of the forest land at the People's Committee of Thinh Thanh commune.

The Khua forest area in Dong Thinh hamlet is currently under dispute between Mr. Ngoc's family and Mr. Tien's family. Photo: Tien Dong

In 2006, Mr. Ngoc continued to acquire land from Mr. Tien's family, specifically a plot south of the U Hu stream with a total area of ​​25.9 hectares, comprising lots 30, 43, and 45, section 8, map sheet TK888. After acquiring these land areas, Mr. Ngoc's family used them stably, planting acacia trees and harvesting continuously on the purchased land, paying all taxes in full. In addition, Mr. Ngoc built a farmhouse in the purchased forest land. By 2015, after Mr. Ngoc's family had harvested trees on approximately 13 hectares (7 hectares remained unharvested), Mr. Tien took advantage of Mr. Ngoc's family's limited manpower and their work in Hanoi, leaving no one to supervise, and arbitrarily cleared and replanted acacia trees on an estimated 13 hectares belonging to Mr. Ngoc's family. Immediately after discovering the incident, Mr. Ngoc filed a complaint with the Thinh Thanh Commune People's Committee, and the local authorities organized a mediation session on October 9, 2015. The mediation was unsuccessful, and the Thinh Thanh Commune People's Committee requested both parties to maintain the status quo, with either party facing legal consequences for violating the agreement.

In the mediation minutes dated October 9, 2015, the People's Committee of Thinh Thanh commune also confirmed that the transaction between Mr. Tien and Mr. Ngoc was real. Furthermore, according to map 163, the land in question is plot 219, map sheet 02, registered under the name of Mr. Nguyen Ba Ngoc, and he has paid his taxes to the State from 2007 to the present.

The disputed forest land has been cleared of trees. Photo: Tien Dong

However, in 2016, when Mr. Ngoc suddenly passed away, the dispute remained unresolved. His son, Nguyen Ba Cong, continued to represent the family in filing complaints with higher authorities. During this time, Mr. Tien's family repeatedly brought people and equipment to exploit the forest in the disputed area. This was later discovered by Mr. Ngoc's family, who reported it to the local authorities. The local authorities of Thinh Thanh commune also repeatedly issued notices to stop Mr. Tien's family from illegally logging trees; however, Mr. Tien's family brazenly continued their activities, disregarding the law.

Prolonged dispute

Mr. Nguyen Ba Cong (son of Mr. Ngoc) stated that the actions of Mr. Tien's family in hiring people and machinery to cut down trees on the land his father had purchased and planted were illegal. He claimed that all the trees cut down by Mr. Tien's family in January 2019 were planted by his family, and the total value of the lost trees was approximately 80 million VND.

Many large acacia and melaleuca trees have been cut down. Photo: Tien Dong

Mr. Cong also stated that immediately after the incident, his family contacted the Chairman of the Thinh Thanh Commune People's Committee and requested that the authorities take measures to prevent this behavior. Mr. Cong's family provided several video clips showing the individuals cutting down the trees. The local authorities themselves have repeatedly issued citations and stopped Mr. Tien's family from cutting down trees, but have failed to take effective measures to prevent it completely.

Working with us, Mr. Nguyen Dinh Phong - Chairman of the People's Committee of Thinh Thanh commune - acknowledged that the local authorities had requested both sides to maintain the status quo. However, Mr. Phan Cong Tien's family had repeatedly sent people and vehicles to cut down trees without submitting a permit to the local authorities and the forest protection force. Therefore, the authorities had to repeatedly issue written warnings and suspend Mr. Tien's tree-cutting activities.

We questioned why Mr. Tien's family brazenly violated regulations by cutting down trees without permission, despite having been repeatedly fined and suspended, yet the authorities did not take any decisive action to punish or resolve the issue. Mr. Phong admitted that he was unsure which regulations to apply for punishment and resolution. Currently, the dispute has been accepted by the Yen Thanh District People's Court, and Mr. Phong requested that the Court resolve the matter promptly to avoid causing instability in the locality.

The most difficult aspect is that Mr. Ngoc, the plaintiff's representative who understood the situation well, has passed away. Furthermore, at the time the land transaction between Mr. Ngoc and Mr. Tien took place, the boundary markers were not clearly marked. Moreover, the District People's Committee later constructed a road for transporting materials through the area, thus altering the current situation.

Mr. Nguyen Dinh Phong - Chairman of the People's Committee of Thinh Thanh Commune

In numerous meetings and dialogues, Mr. Phan Cong Tien's family argued that the dispute arose because Mr. Ngoc's family had not yet paid the full amount.

An acacia tree has been cut down on the disputed land. Photo: Tien Dong

Most recently, on January 13, 2023, the People's Committee of Thinh Thanh Commune issued a notice to Mr. Phan Cong Tien regarding the cessation of harvesting and cultivation on the disputed land plot in Khua area (Dong Thinh hamlet). The People's Committee of Thinh Thanh Commune also stated that plot number 219, map sheet number 02 in Khua forest area, Dong Thinh hamlet, is currently under dispute and is being handled by the Yen Thanh District People's Court. While awaiting the court's resolution, Mr. Phan Cong Tien is required not to exploit or alter the current state of the land in question. The People's Committee of Thinh Thanh Commune also assigned Mr. Phan Cong Tien the responsibility to immediately stop exploiting and planting melaleuca trees on the disputed area until the Yen Thanh District People's Court issues a resolution; failure to comply will result in legal consequences.

Based on the sales contract and the application for transfer of forest land use rights, which have been confirmed by the local authorities regarding boundaries and markers, even though a forest land register has not yet been issued, this serves as an initial basis to confirm that a transaction regarding the transfer of forest land has taken place between the two parties. However, while disputes are ongoing, Mr. Phan Cong Tien's family deliberately entered this area to exploit and clear the land for planting trees without the consent of Mr. Nguyen Ba Ngoc's family, and even deliberately exploited the land despite the local authorities' request to maintain the status quo, which is a violation of the law. It is thought that the local authorities have not shown sufficient concern to resolve and definitively address this issue, given that the matter has dragged on.