Commune illegally leases land, people take advantage of encroachment
(Baonghean) - Nghe An Newspaper received a report from the people of Khai Son commune about the People's Committee of Khai Son commune (Anh Son) illegally leasing land to the family of Mr. Nguyen Huu Canh and Ms. Nguyen Thi Khoa in hamlet 6 to open a restaurant, affecting the traffic safety corridor and the historical site of the Ho Chi Minh trail. The incident has been reported by many people but has not been resolved...
(Baonghean) - Nghe An Newspaper received a report from the people of Khai Son commune about the People's Committee of Khai Son commune (Anh Son) illegally leasing land to the family of Mr. Nguyen Huu Canh and Ms. Nguyen Thi Khoa in hamlet 6 to open a restaurant, affecting the traffic safety corridor and the historical site of the Ho Chi Minh trail. The incident has been reported by many people but has not been resolved...
Based on the people's feedback, the reporter went to the locality to verify the reality. Right at Khai Son intersection, the intersection between Ho Chi Minh trail and National Highway 7, Canh Khoa restaurant is quite impressive. In addition to the solid construction, the restaurant owner also added a corrugated iron roof to expand the area. Therefore, the traffic corridor at this location is completely occupied, the Ho Chi Minh trail monument with a height of 1.5m, a width of 1m is pressed under the corrugated iron roof, the base is encroached by the restaurant's iron fence, the stele's face is just scribbled lines with no clear information...
As a local resident, Mr. Tran H, said: Canh Khoa Restaurant blatantly encroached on the traffic corridor, which is unacceptable! Mr. Nguyen M, a veteran, was indignant: The locality's leasing of land in the traffic corridor at the intersection of Ho Chi Minh Road and National Highway 7 is a violation of the law. This is the basis for Canh Khoa Restaurant to encroach on the traffic corridor, damaging the historical relic of the current trail. We have reported this to the meetings of the Commune Party Committee and questioned the District People's Council delegates, but there has been no change.
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Canh Khoa Restaurant is built on the traffic corridor of Ho Chi Minh road. |
Mr. Nguyen Van Linh - Chairman of Khai Son Commune People's Committee, admitted: The Commune People's Committee signed a contract to lease 24 square meters of land in the corridor of Ho Chi Minh trail and National Highway 7A to Mr. Nguyen Huu Canh. The contract is valid from December 2013 to the end of 2016, the lessee is only allowed to set up temporary stalls for business. However, after being leased by the Commune People's Committee, Mr. Canh and Ms. Khoa's family filled the traffic corridor and the space of the national historical site of Ho Chi Minh trail to build a restaurant and a solid rest room. The Commune People's Committee has issued many documents to handle violations, but the family did not comply. In order for this incident to happen, from the perspective of state management, the local government is completely wrong and must take responsibility.
On May 7, 2014, when discovering that Mr. Nguyen Huu Canh and Mrs. Nguyen Thi Khoa's family had encroached and built a permanent structure on the land of the traffic safety corridor, the People's Committee of Khai Son commune made a record to suspend the construction. On May 11, 2014, the 487 Traffic Management and Construction Joint Stock Company made a record of the violation and requested Mr. Nguyen Huu Canh's family to dismantle the illegal construction. The relevant parties also held a meeting on May 15, 2014. At this meeting, the Road Management Department II and the Khai Son Road Management Department decided to suspend the construction, requesting Mr. Canh's family to restore the original state of the land of the traffic corridor as well as the space of the national historical relic of the Ho Chi Minh trail. Ignoring the above requests, Canh Khoa restaurant continued to construct to expand the area. By the end of October 2014, this restaurant had been solidly built and had 7 more rooms for rent built on a total area of 144 square meters of traffic corridor land and the space of the national historical site of the Ho Chi Minh trail.
Talking to us, Ms. Vo Thi Hong Lam - Chairman of the People's Committee of Anh Son district, said: The construction of the project by Mr. Nguyen Huu Canh and Ms. Nguyen Thi Khoa's family encroaching on the traffic corridor and encroaching on the relic space originated from the temporary land lease by the People's Committee of Khai Son commune in 2013. Currently, the district is directing the removal of the roof that affects the traffic corridor space and the space of the relic. Regarding the national historical relic marker of the Ho Chi Minh trail, the district has also directed the Department of Industry and Trade to coordinate with the Trail Management Board to repaint and restore it to its original state.
Through practical research, the anger of households and veterans about the illegal leasing of land along the Ho Chi Minh road traffic corridor in hamlet 6, Khai Son commune, Anh Son district is well-founded. The construction of a restaurant by Mr. Nguyen Huu Canh and Ms. Nguyen Thi Khoa not only affects the traffic corridor, but also affects the historical site of the trail - the location of the milestone marking the achievements of the army and youth volunteers. The responsibility for this matter first belongs to the People's Committee of Khai Son commune, which illegally leased land to the family of Mr. Nguyen Huu Canh and Ms. Nguyen Thi Khoa. During the time when Mr. Canh and Ms. Khoa's households expanded the area, Khai Son commune, the People's Committee of Anh Son district, and the traffic management agencies and units in the area did not prevent or handle the situation completely, allowing the incident to arise as it is now.
To prevent the matter from dragging on, causing dissatisfaction and loss of trust among the masses, the People's Committee of Anh Son district needs to promptly carry out procedures to cancel the contract of Khai Son commune to illegally lease land to Mr. Canh and Ms. Khoa, take steps to dismantle the violating construction; at the same time, review and strictly handle the individuals and groups involved in the violations, considering this a valuable lesson in land management. As for Mr. Canh and Ms. Khoa's family, they need to clearly realize that their actions are illegal, so they need to cooperate in dismantling and returning the traffic corridor and the landscape of the relic.
Article and photos:Quang An
Lawyer Nguyen Trong Hai, Head of Trong Hai & Associates Law Office: According to the provisions of Clause 7, Article 12, Decree 171/2013/ND-CP dated November 13, 2013, which stipulates penalties for violations of regulations on use and exploitation within the land area reserved for roads: "Fine from VND 15,000,000 to VND 20,000,000 for individuals, from VND 30,000,000 to VND 40,000,000 for organizations illegally constructing other permanent structures within the land area reserved for roads". In addition to the above penalties, remedial measures must also be applied, forcing the demolition of construction works and restoration of the original state that was changed due to administrative violations. On the other hand, according to the provisions of Clause 1, Article 64 of the 2013 Land Law, cases of land reclamation due to violations of land laws include: Land assigned for management by the State but encroached upon. Therefore, in this case, in addition to being administratively sanctioned, Mr. Nguyen Huu Canh's family must also dismantle illegal constructions and have the leased land area reclamationed. The competent authority for land reclamation is the People's Committee of Anh Son district. |