Nghe An: Local leaders must take responsibility for land violations
(Baonghean) - Based on the reality of many land violations involving a number of officials, leaders, and heads abusing their assigned duties and responsibilities, Nghe An province has issued instructions that clearly state the responsibility of local leaders when land violations occur.
Many incidents have serious consequences.
Recently, in some localities in the province, especially at the commune level, there has been a situation where some cadres, leaders and heads have abused their assigned duties and responsibilities, intentionally violating land laws.
Typically, violations in land management occurred in My Thanh commune. In 2019, Yen Thanh district disciplined a series of leaders of this commune for many terms due to illegal land sales. Accordingly, Mr. Nguyen Van Thach was removed from the position of Chairman of the People's Committee of My Thanh commune for the 2015-2020 term; Mr. Nguyen Vinh Hoi - Secretary of the Commune Party Committee and Mr. Nguyen Vinh Chinh - Land Officer both received disciplinary warnings. In addition, two retired leaders of this commune, Mr. Nguyen Van Nam and Mr. Nguyen Van Dinh, were removed from the position of Standing Committee Member of My Thanh commune for the 2010-2015 term. According to the investigation, in the period 2010-2015, when a series of land lots in the area were sold illegally, Mr. Nam was the Secretary of the Commune Party Committee, and Mr. Dinh was the Chairman of the Commune People's Committee.
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| One of the plots of land illegally sold by the leaders of My Thanh commune (Yen Thanh). Photo courtesy |
Previously, also related to land violations, on June 18, 2019, Vinh City Police prosecuted the defendants Vo Bien Thuy, working at the Vinh City Land Fund Center; Tran Le Ngoc Tu, cadastral officer of Hong Son Ward and Nguyen Xuan Tho, former Chairman of the People's Committee of Hung Dong Commune, Vinh City for the crime of "Lack of responsibility causing serious consequences".
According to the investigation, in 2011, Mr. Thuy, who was then Deputy Director of the Vinh City Land Fund Center, colluded with Ms. Tu and Mr. Tho to determine the wrong area, time, and land origin of plot No. 90, map No. 7 in Hung Dong Commune (Vinh City), to compensate for site clearance for the Nghi Kim - Nghi Van drainage canal project (phase 1). This act caused a loss to the State of more than 640 million VND.
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| 3 defendants Vo Bien Thuy, Le Ngoc Tu and Nguyen Xuan Tho. Photo courtesy of CTV |
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| Land plot 350m2 The land is currently named Ho Thi Thanh Binh but is actually owned by Le Thi Huong Giang, a land officer of Quynh Chau commune. Photo: Pham Bang |
In addition, when discovering many cases of officials not being strictly handled, but still "lifting high and hitting lightly" like the incident that occurred in Quynh Chau commune (Quynh Luu) that baonghean.vn reported on June 6, 2019 through the article "Land officials show signs of crime, the commune only recommends administrative handling". Accordingly, taking advantage of her assigned position and authority, Ms. Le Thi Huong Giang - land official of Quynh Chau commune "forced" people to cut 1,050 m2 land, benefit over 350 m2 land, appropriating people's money. According to the 2005 Anti-Corruption Law, Ms. Giang's behavior is "Taking advantage of position and power while performing duties and public service for personal gain". And according to the 2015 Penal Code, Ms. Giang's behavior shows signs of the crime of "Taking advantage of position and power while performing public service".
However, the Chairman of the People's Committee of Quynh Chau commune only concluded that Ms. Giang's behavior was "Taking advantage of, abusing duties, powers, using information related to public service for personal gain", without transferring the case to the Investigation Agency or the District People's Procuracy for handling, but only recommended the District People's Committee to handle administrative discipline. In addition, the responsibilities of the individuals involved at the People's Committee of Quynh Chau commune have not been clarified. Therefore, the Chairman of the People's Committee of Quynh Luu district has assigned the responsibility to the Head of the District Internal Affairs Department to review and advise the District People's Committee to handle the responsibilities of the individuals involved in the case. At the same time, the Chairman of the People's Committee of Quynh Chau commune requested the Chairman of the People's Committee of Quynh Chau commune to transfer the case file to the Investigation Police Agency of Quynh Luu District Police for consideration and settlement according to the provisions of law.
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| Many officials and civil servants of Nghia Dong and Tan Ky communes were prosecuted for selling land without authority. Photo courtesy |
On the other hand, through the work of receiving citizens and handling complaints and denunciations in the province every year, it is also shown that more than 80% of cases related to land, including many cases of prolonged complaints originating from lax land management or violations of land regulations by officials at all levels. Among them, there are cases leading to a series of key local officials being disciplined by both the Party and the State, or being held criminally responsible for violations in land management such as in the communes of Phuc Thanh, Son Thanh (Yen Thanh), Nghia Dong (Tan Ky)... affecting people's trust in the leadership of the Party Committee and the government.
Strictly handle officials and party members who violate the law.
To prevent and limit violations in land management, on September 13, 2018, the People's Committee of Nghe An province issued Document No. 7028/UBND.NN on inspection and review of land management in the province. In particular, it requires localities to strengthen state management of land in the area, detect, prevent and promptly handle violations, especially issues of planning, illegal transfer of land use rights, illegal change of land use purpose, land allocation without proper authority, encroachment, occupation, land used for improper purposes and handle the responsibilities of collectives and individuals with violations according to the provisions of law. In case any locality continues to allow land violations, especially illegal land allocation, the Chairman of the District People's Committee must be responsible before the Chairman of the Provincial People's Committee and before the law.
"Through the cases, it can be determined that part of the problem is due to many loopholes in land management, especially in the stage of land consolidation, plot exchange, and new rural construction. Therefore, to rectify this situation, in addition to strictly handling violating officials, the district directed relevant sectors to establish delegations to strengthen inspection and examination of the land sector to find solutions to rectify the situation. Along with that, a Resolution was issued to review and handle farm and family farm land to limit violations."
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| Officers of the Economic Police Department serve decisions to prosecute suspects related to violations at the Yen Thanh Protective Forest Management Board. Photo courtesy |
Many opinions say that, in addition to implementing the 2013 Land Law well, it is necessary to strictly handle officials and party members who violate regulations according to Article 21 of Regulation 102-QD/TW of 2017 on disciplinary action against party members who violate regulations on land and housing issued by the Party Central Committee, ensuring "no precedent, no forbidden zones" to create deterrence and contribute to restoring order and discipline in the land sector.
Recently, regarding the contents of citizens' denunciations of violations in Dien Yen commune, Dien Chau district, which were inspected and concluded by the Provincial Inspectorate, Chairman of the Provincial People's Committee Thai Thanh Quy requested the Standing Committee of the District Party Committee and Chairman of the People's Committee of Dien Chau district to organize a review and strictly handle the violating collectives and individuals. Among them, there are violations related to land such as the People's Committee of Dien Yen commune creating fake records for 3 households to receive 334,785,000 VND in compensation, contrary to the provisions of the 2013 Land Law, Decree 47/2014/ND-CP regulating support and resettlement when the State reclaims land. Or the People's Committee of Dien Yen commune gave land plot No. 367, map sheet 111-62 with an area of 1,808m2(The inventory book and the land use right certificate book show that Mr. Nguyen Vang is the user) on public land is not in accordance with regulations.
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| Over the past years, many serious violations have occurred in Dien Yen commune, causing discontent among the people. Photo: Pham Bang |
After receiving the conclusion of the Chairman of the Provincial People's Committee, Dien Chau district assigned the District Party Committee's Inspection Committee to preside over and coordinate with departments and offices to take steps to review and propose handling methods. The district leader said that the district's viewpoint is to handle strictly and promptly in accordance with legal regulations, not to cover up or be lenient with officials who violate the law.
The land sector is also one of the contents mentioned frequently at the citizen reception sessions of the heads of Party committees and authorities at all levels. Directing the handling of petitions related to land at the citizen reception session in September 2019, Provincial Party Secretary Nguyen Dac Vinh emphasized: In the case of some citizens complaining and denouncing violations related to the land sector as well as the performance of public duties by officials, the competent agencies and local authorities are required to review the process of the case, if there are violations, they will be strictly handled according to the provisions of law, especially violations by officials and party members.
According to Article 21 of Regulation 102-QD/TW of 2017 on disciplinary action against party members who violate regulations on land and housing issued by the Party Central Committee:
1- Party members who violate one of the following cases causing less serious consequences shall be disciplined by reprimand:
a) Improper or incomplete implementation of regulations on housing management and use; violation of legal regulations on planning, construction and housing management.
b) Failure to perform or improper or incomplete performance of financial obligations, procedures, regulations, and State decisions on land use rights transfer and revocation of land use rights certificates.
c) Lack of responsibility in management leading to violations of land laws or acts causing damage to land resources, rights and obligations of land users.
2- In case of being disciplined according to the provisions of Clause 1 of this Article and re-offending or committing the first violation causing serious consequences or violating one of the following cases, the disciplinary action shall be in the form of warning or dismissal from office (if holding a position):
a) Violating the provisions of law in land allocation, land lease, land recovery, change of land use purpose and rights; implementation of land use planning and plans, determination of financial obligations on land, management of cadastral records, making administrative decisions in land management; granting land use right certificates.
b) Obstructing, opposing or inciting, inciting, or forcing others to oppose the lawful decisions of competent authorities on land recovery, land allocation, implementation of national projects, and site clearance.
c) Violating land laws causing damage to the State, organizations and individuals, and having to pay compensation but not paying compensation according to regulations.
d) Having responsibility but failing to promptly and strictly detect, prevent and handle violations of laws on land management and use within the scope of monitoring or responsibility.
d) Violating regulations on the management of houses and working headquarters of the Party and State.State, socio-political organizations, military barracks, police or in the ownership, construction, use and repair of housing of organizations assigned to manage.
3- In case of violating the provisions in Clause 1 and Clause 2 of this Article causing very serious consequences or violating one of the following cases, the disciplinary action shall be in the form of expulsion:
a) Illegal change of land use purpose, land destruction.
b) Forgery, fraud of documents, falsification of records in granting certificates of land use rights and ownership of houses.
c) Decisions on land allocation, land lease, land recovery, and granting of licenses for exploitation of resources and minerals contrary to the provisions of law.
d) For local interests, issuing documents or directing and organizing the implementation of illegal land repossession and recovery.
