Nghe An: Commune 'makes things difficult for itself' because of illegal land leasing
(Baonghean) - For many years, Quynh Luong commune (Quynh Luu district) has rented land in the traffic safety corridor to households to open shops in violation of regulations. After inspection, although the land lease contract was canceled, the government has not been able to reclaim the land for the past 15 years.
Illegal leasing
According to the reporter's investigation, more than 30 years ago, Quynh Luong commune (Quynh Luu) lent dozens of local households land in the traffic safety corridor of Provincial Road 537B through Mo market to open businesses.
By September 1997, although the Provincial People's Committee had planned the traffic safety corridor of Provincial Road 537B, Quynh Luong commune still invited all households to work to write applications to continue leasing land for a period of 20 years.
In 2004, claiming that this area belonged to the Provincial Road corridor, people of Quynh Luong commune filed a complaint.
The People's Committee of Quynh Luu district then established an Inspection Team to verify and concluded that this land lease contract was against the regulations, because the leased land was located within the traffic safety corridor. The People's Committee of the district assigned Quynh Luong commune to "cancel and revoke 32 land lease contracts for 31 households".
To implement this Decision, Quynh Luong Commune issued Decision No. 46/2004/QD-UBND dated August 10, 2004 on the cancellation and revocation of the land lease contract of September 1997 for 31 households, with 32 stalls. Thus, the land lease contract for the shop in September 1997 between Quynh Luong Commune People's Committee and the households expired from August 10, 2004.
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The area of 7 households encroaching on the traffic safety corridor is located next to Mo market, Quynh Luong commune (Quynh Luu). Photo: Tien Hung |
However, citing the reason of “creating conditions for households to do business, increase income and improve their lives”, Quynh Luong commune then “made things difficult for itself” by letting households lease land for 20 years as committed in the contract. Then, when the 20 years ended, many households still refused to return the land.
Causing disorder
In 2017, when the land lease contract expired, Quynh Luong commune announced the land repossession. The commune assigned officials to thoroughly mobilize people to voluntarily dismantle the stalls and return the traffic safety corridor of Provincial Road 537B. Immediately after receiving the request, 25 households strictly complied with the demolition.
But up to now, there are still 7 households that deliberately resist, including Mr. Ho Tien Hai, Bui Duy Khiem, Ho Duc Minh, Dao Duy Thanh, Ho Canh Tuan, Ho Thi Thuy and Ho Thi Nuoi. Not only that, these households also requested the People's Committee of Quynh Luu district to issue red books to take ownership.
There were 6 households who signed a complaint to the Chairman of the Commune People's Committee, of which 3 filed a lawsuit at the Quynh Luu Court, namely Mr. Ho Canh Tuan, Mr. Dao Duy Thanh and Mr. Bui Duy Khiem. After many unsuccessful propaganda and mobilizations, Quynh Luong Commune was forced to implement coercive measures according to the provisions of law. Specifically, on October 23, 2018, the Chairman of the Quynh Luong Commune People's Committee issued a Decision to apply remedial measures to the households (no decision to impose administrative sanctions was issued due to the expiration of the penalty period). However, these households did not implement the Decision on remedial measures, so on November 12, 2018, Quynh Luong Commune issued a Decision to enforce the implementation of remedial measures to the households.
On August 26 and 27, the People's Committee of Quynh Luong Commune coordinated with the Quynh Luu District Police and the Nghe An Province Traffic Inspectorate to enforce the removal of kiosks encroaching on the traffic safety corridor. However, when the working group arrived at the scene to carry out their duties, the shop owners opposed and prevented them from dismantling them.
To create pressure, these households also lured their brothers, relatives, and family members to cause trouble, curse, and show signs of agitation to put pressure on the enforcement force. Some extremists even climbed onto the excavator cabin, threw away the key, stuffed mud and sticks with the intention of breaking the lock, and barricaded themselves inside for hours. Some even lay right under the excavator wheel, pulled out an electric wire and wrapped it around their necks, pretending to faint to make a scene. More aggressively, some people even brought gas cylinders to the scene, and mobilized the elderly and children in the family and their brothers to incite and attract crowds to resist the enforcement, arbitrarily filmed and took photos to post on social networks, causing misunderstanding among a segment of the population.
Due to the increasingly complicated nature, causing insecurity and disorder, the enforcement team had to temporarily stop work to develop a more effective enforcement plan.
Talking to Nghe An Newspaper reporter, Mr. Nguyen Van Tue - Chairman of Quynh Luong Commune People's Committee said that after the incident, the majority of public opinion among the people was extremely indignant and dissatisfied with the above households, at the same time, agreed to support and requested the local government to take more drastic measures to ensure the strictness of the law and social justice.
Mr. Tue also said that 2017 is the time when households have used land for 20 years to do business under the 1997 contract. According to the law, everyone is aware that renting or borrowing land must be returned when the term expires. However, the 7 households mentioned above still refuse to return the land to the state for management, but deliberately oppose, obstruct, and cause disorder in the locality, which is a serious violation of the law, affecting the village and neighborhood relations and the family's reputation and honor.
“Quynh Luong Commune will be determined to demolish the stalls of 7 households to return the traffic safety corridor, build a spacious and clean landscape in the commune center, ensure social justice and the strictness of the law,” Mr. Tue said, adding that during this time, Quynh Luong Commune will continue to propagate and mobilize households to voluntarily comply with the enforcement; assign responsibility to officials and civil servants whose family members and relatives voluntarily carry out the enforcement to voluntarily dismantle the stalls. If households still deliberately delay and do not comply, they will continue to organize enforcement and return the land to Provincial Road 537B.