Don't be like Binh Chanh!
The “Xin Chao Café Scandal” has not yet come to an end, even though Colonel Nguyen Van Quy, Chief of Police of Binh Chanh District, has been dismissed. If we review the entire incident, along with the latest developments (forced power and water cuts, etc.), we are surprised to realize that the local government seems unwilling to “lose” to the people – something they should be proud of, or at least take as an excuse.i, as an excuse to make efforts to improve... What has happened, is happening and will happen, Binh Chanh?
The “Xin Chao Café Scandal” officially broke out on April 19, 2016, when the press simultaneously pointed out serious shortcomings in the case of the owner of Xin Chao Café (opposite the Binh Chanh District Police Headquarters, Ho Chi Minh City) who was 5 days late in registering his business and was served with a decision to prosecute by the district police. Furthermore, the Binh Chanh District People’s Procuracy had also approved the decision to prosecute and the District People’s Court was waiting for the day the café owner stood before the bar.
Just 2 days after the incident caused a “storm” in the press and social networks, on April 21, 2016, Prime Minister Nguyen Xuan Phuc personally directed Ho Chi Minh City to consider stopping the prosecution of the case.
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Regarding the Prime Minister and Government's views on this case, on April 22, 2016, Deputy Head of the Government Office Le Manh Ha said: If the owner of "Xin Chao" restaurant loses this case, it will send a very bad message, that is, every business and every business person can go to jail!
The “very bad message” fortunately did not reach its destination, the coffee shop owner – the people – “won” in tears. However, if they had accepted defeat, the local government should have considered it “a sweet defeat”, because thanks to that, the people were less insecure, the wrongs and evils in their system were exposed and eliminated from the outside, but the subsequent behavior of individuals among them was like… “swallowing their anger” (?)
Thinking that the scandal had come to a happy ending, the government recently issued a decision to handle violations against “Xin Chao Café”, showing negligence, lack of professional knowledge in state management of construction… Public opinion has another chance to doubt: Is this a “last resort” lacking the spirit of “fighting” to “play to the end” after a self-defeated battle? Is this a “test drug” for the strong supervision and direction of the Government leaders, central agencies, the pursuit of the press and public opinion in this case?
Specifically, on August 16, 2016, Mr. Nguyen Thanh Vu - Chairman of Tan Tuc Town People's Committee signed a decision to suspend the construction of the project at "Xin Chao Cafe". The decision clearly stated that Mr. Tan had violated the following acts: Organizing the construction of a container project on land that was not permitted for construction, the purpose of using the garden. Notably, Tan Tuc Town requested: Electricity and water supply units must immediately stop supplying electricity and water to the violating project within 24 hours; Within 3 days, Mr. Tan must dismantle it himself or he will be forced to do so...
Just 2 days later, on August 18, Binh Chanh District Secretary Nguyen Van Phung spoke out in the press, saying that the order to cut off electricity and water by the Chairman of Tan Tuc Town was "beyond authority" and "a trivial matter". In fact, at Xin Chao Café, there is currently only one small container on the ground to serve as a place to wash dishes and a place for employees to stand, so instructing the owner to follow the regulations is not difficult!
Regarding the legal basis of this decision, lawyer Nguyen Tan Thi - Hoa Sen Law Office (HCMC) said that cutting off electricity and water is not a measure to prevent violations or ensure the handling of administrative violations as prescribed in Article 119 of the Law on Handling of Administrative Violations. The 2014 Construction Law also abolishes the provision on applying measures to stop supplying electricity and water to construction works that violate construction order. The contract for supplying electricity and water between the electricity company, the water supply company and the people is an economic and civil relationship that does not follow an administrative order!
And fortunately, even without the Prime Minister's direction, the local government has just announced that it will adjust the penalty decision, specifically not cutting off electricity and water. This "step back" continues to leave many questions in public opinion: Why is it always Xin Chao Café with the dark, miserable owner who has suffered so much throughout the past year? Did Tan Tuc Town Chairman Nguyen Thanh Vu personally "dare" to hastily "touch" an address that had "brought down" 02 former district-level leaders or was there direction behind? Will Mr. Nguyen Thanh Vu's professional weaknesses and improper direction be investigated, is it necessary to "immediately remove him from the government apparatus" as Secretary Dinh La Thang famously said at a meeting in Hoc Mon in the middle of the year?
The government should be doing what they need to do immediately by wholeheartedly supporting, encouraging and guiding people to live and work within the framework of the law. But sadly, they are quick and decisive in issuing insensitive documents, and then "tie" themselves to them. All of this resonates, leaving a sense of sadness in public opinion: As if the entire government system in Binh Chanh is "pursuing and exterminating" their people!?
Binh Chanh made a mistake, then made another mistake. Don't be like Binh Chanh!
According to Public Opinion