After inspecting and clarifying the case of Tam Hop commune authorities in 2005 and 2012 illegally allocating land with land use fees to 2 cases living in the area, Quy Hop district People's Committee transferred the case to the Investigation Police Agency to continue investigating signs of law violations.
In April 2022, based on citizens' petitions, the People's Committee of Quy Hop district decided to establish an inspection team to conduct surprise inspections of compliance with legal regulations on land management and use in Tam Hop commune. Through inspections at a number of relevant times, the inspection team discovered 2 cases living in Tam Hop area who were assigned land by the People's Committee of this commune with land use fees collected beyond their authority.
The first case is Mr. Vu Quang Hong (residing in Dinh hamlet, Tam Hop commune), who was assigned land by the Tam Hop commune People's Committee without authority in 2005. Specifically, the Tam Hop commune People's Committee assigned land plot No. 129, map sheet No. 75, area 138m2in Tan My hamlet to Mr. Vu Quang Hong. According to the current cadastral map (measured in 2015), plot 129 belongs to irrigation land. The land allocation is shown in the Land Allocation Minutes made on April 28, 2005 between Tam Hop Commune People's Committee and Mr. Vu Quang Hong. The minutes contain the following content: "The Commune People's Committee transfers to Mr. Vu Quang Hong a plot of land with an area of 138m2in Tan My hamlet with the amount of 40,000,000 VND (Forty million VND) to build houses". This record was signed and confirmed by Mr. Hoang Xuan Ngu - former Chairman of the Commune People's Committee, Mr. Truong Van Dung - former Vice Chairman of the Commune People's Committee; Ms. Le Hai Yen, former Commune Accountant, Mr. Dau Tuyen Quang - former Commune Land Officer, Mr. Hoang Van Loan - former Standing Member of the Commune People's Council.
According to the verification of the Inspection Team, at present, the People's Committee of Tam Hop Commune and related people have not been able to provide the Inspection Team with any other documents or papers related to the transfer as well as records and documents on the collection, expenditure and use of the 40 million VND collected from the transfer of the above land plot.
The second case where Tam Hop Commune People's Committee assigned land beyond its authority was Mr. Nguyen Huu Phuoc (residing in Dinh hamlet, Tam Hop commune); the time of assignment was in 2012. Mr. Phuoc was assigned land plot No. 7, map sheet No. 29 in Dinh hamlet by Tam Hop Commune People's Committee, with an area of 180m2.2. According to the current cadastral map (measured in 2015), plot 7 is unused flat land. The land allocation is shown in the Minutes of the expanded meeting of the Commune People's Committee on April 10, 2012 (with the content of asking for the opinion of the Committee members on selling the surplus land plot after planning to adjacent households); Notice of the Tam Hop Commune People's Committee sent to Mr. Nguyen Huu Phuoc on the payment for land purchase (signed by Mr. Hoang Xuan Ngu, former Chairman of the Tam Hop Commune People's Committee); Receipt No. 97, dated July 26, 2012, with the amount of 20 million VND, the payer is Mr. Nguyen Huu Phuoc, the reason for payment: "Collection for local construction contribution".
From the inspection results, the People's Committee of Quy Hop district concluded that "The People's Committee of Tam Hop commune had illegally allocated land with money collection for 2 cases (Mr. Vo Quang Hong, Dinh hamlet, Tam Hop commune in 2005 and Mr. Nguyen Huu Phuoc, Dinh hamlet, Tam Hop commune in 2012) in violation of the provisions of Clause 2, Article 37 of the 2003 Land Law. Responsibility for this violation belongs to the collective of the People's Committee of the commune, the Chairman of the People's Committee of the commune, the Standing Committee of the People's Council of the commune, the Vice Chairman of the People's Committee in charge, the Commune Accountant, and the Commune Land Office of the relevant periods".
According to observations by Nghe An Newspaper reporters, the two plots of land No. 7 and 129 that Tam Hop Commune People's Committee in 2005 and 2012 assigned to Mr. Nguyen Huu Phuoc and Mr. Vu Quang Hong are both profitable plots of land. Specifically, plot No. 7 has an area of 180m2.2along National Highway 48A (about 70m from Dinh Bridge); plot of land number 129 has an area of 138m2along National Highway 48C (from Sang Le Intersection up to Quy Hop town about 1km). Discussing this reality, the representative of the Inspection Team was asked to inform about the next handling of the Quy Hop District People's Committee, and was answered: "Based on the provisions of the law, the District People's Committee has directed the Inspection Team to transfer the file to the District Police Investigation Agency to review signs of criminal law violations according to their authority. Regarding the next handling steps, the District People's Committee will wait for the conclusion of the Investigation Police Agency...".
The representative of the Inspection Delegation also discussed that, according to the provisions of the law, during the inspection process, if signs of criminal violations are discovered, the person responsible for the inspection must transfer the file to the investigation agency.
Specifically, the representative of the Inspection Team said, “During the inspection process, the Team worked with those responsible for the land allocation with improper land use fee collection for Mr. Nguyen Huu Phuoc and Mr. Vu Quang Hong. These people discussed that the previous land allocation had a common policy of the collective, was presented to the collective for discussion, and the money had been deposited into the fund. However, when asked about the documents, they said that it had been too long, they did not know how, did not know where the documents were. The Inspection Team also worked with the People's Committee of Tam Hop commune, but the commune could not provide relevant documents to explain the spending of the money collected from Mr. Nguyen Huu Phuoc and Mr. Vu Quang Hong. Therefore, the Inspection Team reported to the District People's Committee. Based on the provisions of law and the coordination regulations between the Investigation Agency, the Procuracy, and the Inspection Agency in exchanging information on crimes and resolving recommendations for prosecution discovered through inspection activities, the District People's Committee transferred the file to the Public Security Investigation Agency. District police to review signs of criminal law violations under their authority".
A leader of Quy Hop district, when asked, had a similar exchange with the representative of the Inspection Team. He said: “Currently, we are directing relevant departments as well as the Tam Hop commune government to strengthen the inspection and detection of violations in the field of land in the area. As for the handling of relevant organizations and individuals, as well as the handling of the 2 plots of land that the Tam Hop commune People's Committee had illegally assigned, we need to wait until the time when the District Police Investigation Agency has a specific conclusion…”.