Rectifying the situation of illegal transfer of forestry land
(Baonghean) - During the process of reviewing the implementation of forest land allocation to people in Quy Chau district, it was discovered that there had been illegal transfers of forest land use right certificates, followed by illegal conversion of land use purposes since previous years...
"Underground" transfer...
The situation of illegally transferring forest land, then arbitrarily changing the purpose of using forest land was discovered in Chau Hanh commune. According to Mr. Ha Van Linh, Lim Thi Tuong, Bui Van Yen, Vi Thi Luyen (Village Chief, Party Cell Secretary, prestigious person of Pa Co village, Ke Ninh village, Chau Hanh commune), in the past time, they and grassroots cadres have conducted a review and made a list of families without forestry land so that the district and commune authorities can allocate land according to the plan. Through the review, since 2003 - 2004, many households have been allocated forest land according to Decree 163 of the Government, however, around 2010 - 2011, most of them were sold to a business at a very cheap price.
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| The house built by Nghe An Xanh Joint Stock Company in the forest area was illegally transferred. |
Regarding this locality, through investigation and verification, the situation of "illegal" transfer of forest land use right certificates is real. In 2003, the former head of Ke Ninh village, Mr. Le Van Binh, was assigned 23 hectares of natural forest located near Chau Thuan commune. In 2011, due to difficulties, he sold the forest land use right certificate to a person named Giang. Mr. Binh said: "In 2003, I was allowed to participate in allocating natural forest land to the people in the village. The land allocation was for the purpose of allowing people to participate in forest protection. I was assigned 23 hectares of forest. But because I had to "mortgage" my house to the bank to get money to treat my child's illness. When it was time to pay the debt, because I had no money, I had to sell the forest to pay the debt. I sold 20/23 hectares for 30 million VND...". According to Mr. Hoang Van Toan (a citizen of Ke Ninh village), in 2011, his father, Mr. Hoang Van Hung, sold the forest land use right certificate to Mr. Giang. Mr. Toan said: “My family was granted 2 natural forest land use right certificates. One certificate is under my name, the other is under my father's name. About 4 years ago, when my family built a house, due to lack of money to buy tiles, my father sold his certificate to Mr. Giang for about 4 - 5 million VND”. Also because he was short of money to take his son to the hospital, Mr. Mac Van Hoa - Vice of Ke Ninh village sold the forest land use right certificate under the name of his son, Mac Van An, to Mr. Giang.
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| Mr. Vi Van Thanh and a photocopy of the forest land use right certificate confirming the sale and purchase of Nghe An Xanh Joint Stock Company. |
In Ke Ninh, Mr. Vi Van Thanh is one of the people who still retains all the documents of the purchase and sale of forest land use right certificates. Mr. Thanh was granted land use right certificate No. 00374 on September 24, 2004, an area of 37.2 hectares of forest land in lots 58, 160, 394, 391 in Chau Hanh commune; the purpose of use is natural production forest. Due to difficulties, in 2011, Mr. Thanh sold lot 58 with an area of 19.7 hectares to Mr. Giang for 13 million VND. Mr. Thanh's land use right certificate was given to the buyer; he was given a photocopy, on which was the line: "This land lot 58 with an area of 197,463m2 was sold to Mr. Phan Ba Giang - Director of Nghe An Xanh Company", next to the company seal.
According to Ke Ninh Village Chief Bui Van Yen: “The transfer of natural forest land does not only happen in Pa Co and Ke Ninh villages, but also in neighboring villages such as Dinh Tien and Ta Co. The number of families that have sold is up to hundreds, in Ke Ninh village alone I have counted 25 households...”. According to Pa Co Village Chief Ha Van Linh: “In Pa Co, there are about 45 households that have sold their forest land use right certificates. This is the number we have counted, the actual number may be higher...”.
... Illegal conversion of forest land use purposes
According to officials and people in Pa Co, Ke Ninh, after collecting the forest land use right certificates, Mr. Giang brought machinery and equipment to open roads in the forest areas, arbitrarily converting the purpose of forest land use. "They hired dozens of workers to clear the forest area, build houses, and plant acacia trees there..." - Ke Ninh village chief, Mr. Bui Van Yen confirmed.
Following the people of Pa Co, Ke Ninh, we went deep into the forests of Chau Hanh commune, to Khe Nhom area, where "Mr. Giang had people clear the forest, build houses, and plant acacia". After nearly an hour, we arrived. Here, the wild mountains and forests, interspersed with patches of bamboo forests, small trees, and white hills due to being cut down. Some of the cleared areas have been replaced with acacia. The acacia trees have grown about 1m high. At the foot of the hill, there is a 4-room stilt house. "That is the house Mr. Giang built for workers to live in to protect the planted forest" - a local said.
At this stilt house, there is a man in his 40s, Mr. Giang's brother-in-law, who lives here to look after it. When asked, this man said that most of this forest area is owned by Mr. Giang, extending to Chau Thuan commune. "Mr. Giang bought forest land from the people that was granted by the state. I don't know exactly how much, but it's a lot, several hundred hectares. He also spent a lot of money hiring machines to clear the road here. An hour of machine costs 700 - 800 thousand VND. When there is a road, he will bring in workers to clear the land and plant acacia trees" - this man "innocently". When asked what kind of person Mr. Giang is to be able to buy forest land from Chau Hanh people, he said: "He is also from this district but lives in Chau Binh...". Contacting the leaders of Chau Binh commune to learn about a person named Giang and Nghe An Xanh Joint Stock Company, it was confirmed that in village 3-2, Chau Binh commune, there is a citizen named Phan Ba Giang, who opened Nghe An Xanh Joint Stock Company but it is not active.
Clarify to correct!
In 2011, the People's Committee of Quy Chau district had grasped information about the situation of illegal buying and selling and transferring of forest land use right certificates issued under Decree 163. Therefore, in 2012, the People's Committee of Quy Chau district issued Official Dispatch No. 162/UBND.TNMT on the transfer of forest land use right. Accordingly, it requested that the chairmen of communes and towns not confirm the transfer of forest land use right; The Land Use Rights Registration Office is not allowed to process the transfer of forestry land use rights of households that have been granted under Decree 163. Mr. Ngo Duc Thuan - Vice Chairman of Quy Chau District People's Committee said: "We have foreseen the consequences of illegal buying and selling and transferring of forestry land, so we have issued this document to prevent it. Only allow households that have been granted forestry land use rights to transfer when they no longer need to use it due to career change or reaching the working age as confirmed by the People's Committee of the commune or town. This incident is a consequence of the previous illegal buying and selling situation...".
According to Decree 163, the State allocates forestry land for planning, construction and development of production forests to households and individuals for stable and long-term use with the purpose of forestry production combined with protection and stabilization of the ecological environment; The Land Law of each period also clearly stipulates the transfer of land use right certificates; Circular No. 24/2013/TT-BNNPTNT dated May 6, 2013 of the Ministry of Agriculture and Rural Development also clearly stipulates the reforestation when changing the purpose of forest use. Mr. Phan Duc Dong, Chairman of the People's Committee of Quy Chau district, affirmed: “According to the provisions of law, in addition to implementing land allocation, granting forest land use right certificates to people; guiding people to implement planning, forest protection and development plans, forestry production, the district-level government is responsible for directing local forces to promptly detect and prevent acts of forest encroachment. Quy Chau district has handled a number of similar cases. Therefore, the District People's Committee will assign the Forest Protection Department to these areas to inspect and clarify, call and question the subjects, and handle violations according to the provisions of law. At the same time, we will focus on propaganda work so that people have the right awareness when the State allocates land and forests. It is impossible to allow illegal buying, selling, transferring of forest land and arbitrarily changing the purpose of forest land use...”.
Nhat Lan