Unexpected details of the trial of 3 commune officials in Nghe An who sold land without authority

Nghe An: 3 commune officials sentenced for selling 143 plots of land without authority

(Baonghean.vn) - The investigation agency determined that the 143 plots of land that the leaders of the Party Committee and People's Committee of Nghia Thai Commune (Tan Ky, Nghe An) sold to the people were beyond their authority. Up to now, the households that bought the land have not been granted land use certificates.

After one postponement because defendant Phan Xuan Thuy requested to be absent, at the end of November, Nghe An Provincial People's Court opened a first-instance criminal trial to try the defendants, former key officials of Nghia Thai commune, for the crime of "Abuse of power in performing official duties". Among them, defendant Phan Xuan Thuy (born 1959), former Chairman of the Commune People's Committee; defendant Thai Doan Ton (born 1954), former Party Secretary, Chairman of the Commune People's Council; defendant Phan Kim Chau (born 1963), former cadastral officer of Nghia Thai commune.

Selling land to pay off debt

Before 2000, during the construction process, Nghia Thai Commune People's Committee owed a sum of money. To have money to pay the debt and build infrastructure, Mr. Phan Xuan Thuy, who was then Chairman of the Commune People's Committee (2001-2006), proactively proposed a policy allowing the Commune People's Committee and hamlets to sell agricultural land plots and land for building educational and training facilities in the commune.

The defendants at the trial. Photo: Nhu Binh

The policy of allowing the People's Committee of the commune and hamlets to sell land was approved at the Party Committee, People's Council and Party Committee meetings of Nghia Thai commune chaired and agreed by Mr. Thai Doan Ton - Party Committee Secretary, Chairman of the People's Council of the commune. Investigation results show that from 2001 to 2006, the People's Committee of Nghia Thai commune sold 113 plots of land without authority (area of ​​50,909m²), earning more than 1.1 billion VND. In 2005-2006, with the consent of the People's Council, 5 hamlets sold 30 plots of land (area 18,509m²), earning more than 270 million VND.

The money collected from selling land is used to pay for infrastructure construction; pay debts, and request capital to build works for the commune (more than 1.1 billion VND). Currently, there is more than 16 million VND left in the commune People's Committee account.

At the trial, the defendants admitted to committing the crimes as charged in the indictment. The defendants explained that the reasons for committing the crimes were due to lack of understanding and impatience in paying off debts from previous periods as well as building essential projects to change the local appearance.

People unanimously asked for reduced sentences for the defendants.

Because the land was allocated without authority, up to now the households have not been granted land use right certificates. At the trial, representatives of the households who bought the land hoped that the panel of judges would consider reducing the sentence for the defendants, and at the same time, petitioned the competent authority to promptly resolve the issue of land use right certificates for them.

People's representatives asked the People's Court to consider reducing the sentences for the defendants and petitioned the competent authority to issue land use right certificates. Photo: Nhu Binh

Mr. Thanh Cong D. was at that time a People's Council delegate of Nghia Thai commune. He was present at the court as a person with related rights and obligations. “At that time, Nghia Thai commune owed a lot of money, the facilities were lacking, the commune officials also had no place to work, they had to borrow the cooperative hall. Therefore, there was a policy of selling agricultural land. We, who were then council delegates, discussed and agreed on the implementation of the land sale to pay off the debt, to use the funds to relocate the graves at the cemetery of the Thanh ethnic people to build the headquarters. The court did not convict me, but our consciences punished ourselves. I myself also lent money to the People's Committee of the commune, and to this day I have not been paid. I will not claim the debt the commune lent me. Although these officials did wrong, it was for the common good. Therefore, we hope the panel of judges will consider reducing their sentences,” the heartfelt statement of the former People's Council delegate received applause from hundreds of households present at the trial.

The representative of the Tan Ky District People's Committee, as a victim in the case, said that the defendants' actions were for the common good, not for personal gain, so the Tan Ky District People's Committee did not ask the defendants to compensate for damages, and hoped that the panel of judges would consider reducing the sentences for the defendants. Regarding the number of land lots that people had purchased, the District People's Committee currently does not have the authority to resolve the matter. The Tan Ky District People's Committee has sent a document requesting the Provincial and Central People's Committees to consider resolving the wishes of the households that have paid for the land.

Differentiating the roles of each defendant in the case, the panel sentenced Phan Xuan Thuy and Thai Doan Ton each to 24 months in prison; defendant Phan Kim Chau to 15 months in prison but with a suspended sentence. These sentences were lower than the sentences proposed by the representative of the Provincial People's Procuracy.