Handling illegal logging in Quynh Van commune: Still unsatisfactory!?

(Baonghean)Based on Administrative Violation Report No. 19957/BB-VPHC of the Quynh Luu Forest Ranger Station and the proposal of the Forest Protection Sub-Department in Official Letter 486/KL-TTPC dated November 27, 2013, the Provincial People's Committee issued Decision No. 5622/QD.UBND.KT on administrative penalties in the field of forest management, forest protection, and forest product management against Mr. Le Duc Ai (Hamlet 13, Quynh Van Commune, Quynh Luu District). However, local citizens continue to submit petitions claiming that the penalty is inadequate...

The pine forest area on Dong Cao hill, hamlet 13, Quynh Van commune has been completely cleared.

According to a complaint filed by Mr. Ho Sy Hoa, residing in Hamlet 13, Quynh Van Commune: On April 13, 2013, the People's Committee of Quynh Van Commune issued Decision No. 52-QD.UBND allowing Mr. Le Duc Ai to thin out pine forest and harvest forest products at Dong Cao Hill, Hamlet 13. Taking advantage of the permit, Mr. Ai organized illegal logging. The incident was reported to the authorities by citizens. On November 27, 2013, the Provincial People's Committee issued a decision imposing an administrative fine of 50,000,000 VND on Mr. Le Duc Ai and requiring him to replant the forest on the illegally logged area. However, this fine is not satisfactory because the details of Mr. Ai's violations presented to the Provincial People's Committee by the authorities were incomplete. In reality, Mr. Le Duc Ai's illegal logging violations were much more serious.

Mr. Ho Sy Hoa affirmed: "According to the decision granting permission for thinning pine forests and harvesting timber by the People's Committee of Quynh Van commune, Mr. Le Duc Ai was allowed to work in lots 1, 2, 3, and 4 of Plot 2, Sub-area 344C (7.5 hectares); the amount of timber to be harvested and harvested was 2,725 trees, equivalent to 69.9 cubic meters. However, Mr. Ai cleared many areas (within the licensed area and even outside the licensed area); he exceeded the permitted volume in the firebreak area. Mr. Le Duc Ai's violations are very serious, but the Provincial People's Committee only knew about his violations in the firebreak area and one area cleared within the licensed area, without knowing about the violations in other areas. Furthermore, because the licensing documents of the People's Committee of the commune did not reflect reality, the amount of pine timber Mr. Ai harvested exceeded the permit many times over..."

Upon reviewing the licensing documents of the People's Committee of Quynh Van commune for Mr. Le Duc Ai, the design explanation for the thinning of pine resin forest in 2013 stated the following solution: After surveying and investigating to determine some basic indicators of the thinning area, the plots were divided, boundary lines were measured, the area was calculated, plot markers were placed on the ground, and forest verification plots were established at representative locations to calculate forestry indicators and determine the specific number of trees to be felled for each forest plot. Then, the felling was carried out. The felled trees were numbered from 1 to n at a position 1.3m, marked with red paint... Regarding the thinning technique: The felled trees were crooked, diseased, or had poor growth... According to the resource and factors table of the thinning pine forest, confirmed by the Chairman of the People's Committee of Quynh Van commune, the average diameter of the trees was from 9.5 cm to 12 cm.

On-site verification at Dong Cao Hill, Block 13, Quynh Van Commune, revealed a stark contrast to the information provided in the permit issued by the Quynh Van Commune People's Committee. More than a year had passed, yet the felled pine stumps remained intact, allowing us to witness the areas of completely cleared pine forest, estimate the number of trees felled, and determine the trunk diameters. Five areas were completely cleared: three within the permitted zone, one adjacent to the firebreak, and one outside the permitted zone. Within the permitted zone, many pine trees were felled very densely, without any thinning whatsoever. The actual diameter of the pine stumps we measured on Dong Cao Hill was mostly over 20 cm, with some reaching 35-38 cm. Present at Dong Cao Hill, Mr. Ho Sy Hoa expressed his indignation: "Mr. Le Duc Ai's violation of the law is very clear. Not only that, the People's Committee of Quynh Van commune is very irresponsible in inspecting before granting permits and supervising the implementation of those permits. We have reported these issues to the relevant authorities quite some time ago, but we don't understand why such violations have not been properly handled according to the law..."

Documents from relevant agencies clearly show that Mr. Le Duc Ai's violations were discovered thanks to a citizen's denunciation. However, from the beginning of September 2013, when Mr. Ho Sy Hoa submitted a complaint to the People's Committee of Quynh Van commune, it wasn't until November 11, 2013, that the Quynh Luu Forest Protection Department drew up a record of administrative violations; and on November 12, 2013, they issued Official Letter No. 75/KL.PC regarding the handling of administrative violations exceeding their authority, which stated that Mr. Le Duc Ai had illegally exploited 155 trees (corresponding to 10.05 m3) in the firebreak area and clear-cut 140 trees (corresponding to 7.40 m3) in the thinning area; the total volume of violations was 295 trees, corresponding to 17.45 m3 of round pine resin. This data was also presented in the Report on the Verification of the Petition Content by the inter-agency inspection team established by the Forest Protection Department. Based on these documents, on November 19, 2013, the Forest Protection Department issued Official Letter No. 486/KL-TTPC requesting the Provincial People's Committee to impose administrative penalties on Mr. Le Duc Ai.

According to Mr. Nguyen Van Ngoan, Deputy Head of the Inspection and Legal Affairs Department of the Forest Protection Sub-Department and Head of the inter-agency inspection team, at the time the team carried out its duties, citizens only reported violations in the areas the team had inspected. Furthermore, the Quynh Luu Forest Protection Unit did not report to the team any violations by Mr. Le Duc Ai in other areas. Therefore, the team's inspection results at that time were accurate, and the provincial People's Committee's decision to impose administrative penalties was in accordance with the law. Regarding the issues citizens reported to Nghe An Newspaper, Mr. Ngoan stated that for newly discovered and reported violations, the Quynh Luu Forest Protection Unit is responsible for investigation and verification. If the Quynh Luu Forest Protection Unit fails to do so, the Forest Protection Sub-Department will be held responsible. Regarding the process of preparing documents and issuing permits by the People's Committee of Quynh Van commune, Mr. Ngoan stated that while there may be errors in the measurement process according to regulations in the agricultural sector, this demonstrates that the assessment was not entirely accurate...

Based on what was witnessed in the pine forest on Dong Cao hill, the claim by citizens of Hamlet 13, Quynh Van commune, that the authorities have not fully reported the violations of Mr. Le Duc Ai to the Provincial People's Committee is not unfounded. Responsibility for the forest lies primarily with the forest protection unit and the local government. Having to rely on citizens to discover and report violations, these units must acknowledge that they have failed in their duty. Receiving complaints from citizens but delaying or failing to thoroughly address them clearly shows signs of covering up wrongdoing. Regarding the incident that occurred on Dong Cao hill, Hamlet 13, Quynh Van commune, the Forest Protection Department needs to investigate and clarify the matter.

Ha Giang