Violations in enforcement in Van Dien commune (Nam Dan)

(Baonghean) -Following the petition of citizen Nguyen Van Tuyen in Ha Long hamlet, Van Dien commune, Nam Dan district) denouncing the leaders of Van Dien commune for violations in the process of enforcing the illegal construction of a mausoleum, we went to the base to investigate the situation. Right in the Dun Son mountain area, at the location where Mr. Quang's family (Tuyen's father) illegally built a mausoleum, there are only piles of lime mortar, bricks and stones that have not been cleared away.

From people's mistakes to hasty decisions of society

Mr. Nguyen Van Quang said: This area was previously reclaimed by Mr. Nguyen Van Thiem, Mr. Quang's father, since 1978. Now, his family is also planting eucalyptus and harvesting it every year. On November 29, 2012, his family started building a mausoleum right on that land without knowing that this was an area where construction was not allowed, because they thought that if they could build in this area, they could too.

After construction, on December 7, 2012, Mr. Quang received an invitation from the People's Committee of Van Dien commune with the content of "resolving the matter of the family arbitrarily building a cemetery without permission". At the meeting, the commune requested Mr. Quang to complete the demolition and hand over the site by December 20, 2012. His family also agreed and signed the document. However, on December 8, 2012, the People's Committee of Van Dien commune continued to invite Mr. Quang and his wife, Mrs. Tran Thi Phuc, to come to the People's Committee Office at exactly 2:00 p.m. the same day to "resolve the matter of the family arbitrarily building a cemetery".



Mr. Quang admitted that his actions were wrong, but the commune's handling of the situation was also not in accordance with the law.

At the meeting, Mr. Quang and Mrs. Phuc were informed by the Chairman of Van Dien Commune People's Committee, Mr. Tran Ba ​​Minh, that the decision dated December 7, 2012, which allowed the family to complete the demolition on December 20, 2012, was invalid and required them to dismantle on the same day (December 8, 2012). The commune had arranged forces with full equipment to wait for the "order" of enforcement from the commune chairman. In that situation, Mr. Quang and Mrs. Phuc still asked to follow the old minutes so that the family could call their children to dismantle, make use of the materials, and complete before December 20, 2012, but the commune leaders did not agree. That same afternoon, the Chairman of Van Dien Commune People's Committee, Tran Ba ​​Minh, issued Decision No. 109/QD-UBND dated December 8, 2012 to enforce the demolition of Mr. Nguyen Van Quang's family's illegal construction. Instead of having to send the decision to Mr. Quang's family and organize enforcement 5 days after the decision was made, Mr. Tran Ba ​​Minh and Mr. Nguyen Hong Hai - Vice Chairman of the commune, mobilized departments, police forces, and commune militia to go to the mausoleum to dismantle it.




Stakeholders not only seriously learn from experience

Regarding the above incident, Mr. Nguyen Hong Hai - Vice Chairman of Van Dien Commune People's Committee did not admit that the commune was wrong, but said: This area (PV - the location where Mr. Quang's house built the mausoleum) is located on the way to Mai Hac De's tomb, so the commune invited Mr. Quang to work, on December 7, 2012, Mr. Quang agreed not to continue construction and voluntarily dismantled it, but in fact it still proceeded, so the commune had to urgently enforce it. However, according to Mr. Quang, while his family was cleaning up the materials, the commune mistakenly thought that his family continued to work.

It can be seen that the fact that Mr. Quang's family arbitrarily built a mausoleum at Dun Son mountain is a violation of the state's planning, and the organization of enforcement to prevent it by the Commune People's Committee is very necessary. And in fact, when the Commune People's Committee discovered that it invited the family to work and issued a decision to suspend it, it showed the government's determination to handle the matter.

The problem here is, the way the government works needs to learn from experience. Due to haste or lack of understanding, the People's Committee of Van Dien commune made mistakes in the enforcement process. The decision was made and implemented in just one day? It was the fact that the People's Committee of Van Dien commune organized the enforcement against regulations that made Mr. Nguyen Van Quang's family angry, so they sent a complaint to the higher authorities and functional agencies.

It is known that in this Dun Son mountain area, there are some families who have violated the law in building tombs before. Therefore, the People's Committee of Van Dien commune not only learns from experience but also needs to carry out procedures to remove illegal constructions, whether newly built or completed, to ensure the strictness of the law and fairness among all people in the area, to avoid similar violations.

Quang An