Strictly handle violations in the use of forest land.
(Baonghean) - On January 15, 2015, Baonghean Newspaper published an investigative report reflecting on the illegal transfer and unauthorized conversion of forest land use in Quy Chau district. Following the publication of the report, Quy Chau authorities clarified that up to 465 hectares of forest land had been illegally sold or transferred...
The illegal transfer of forest land, followed by unauthorized conversion of land use, was discovered by local residents in Chau Hanh commune. Specifically, around 2011-2012, in the villages of Ke Ninh and Pa Co (Chau Hanh commune), many households that had been allocated forest land by the government under Decree 163 sold it to a business at a very low price.
In 2014-2015, this company brought in machinery and personnel to build roads and clear forests to change the land use purpose. Based on reports from local residents, Nghe An Newspaper investigated and clarified that the above-mentioned incident occurred. The company involved in the illegal buying, selling, and transfer of forest land, followed by unauthorized land use conversion, is Nghe An Green Joint Stock Company, headquartered in Binh 3 village, Chau Binh commune.
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| The forest area was illegally transferred by local people to Nghe An Green Joint Stock Company. |
Following a report by Nghe An newspaper on the aforementioned situation (the article "Rectifying the situation of illegal transfer of forest land" published on January 15th), Quy Chau district assigned the Forest Protection Department to investigate and clarify the matter in these areas. According to Mr. Le Xuan Dinh, Head of the Quy Chau Forest Protection Department, the investigation revealed that several households and individuals in the district were allocated forest land under Decree 163, and subsequently sold, transferred, or leased the land to various organizations and individuals for reforestation. The transactions took place discreetly; a few involved contracts, while the majority were based on verbal agreements between the two parties, with the seller receiving money and the buyer receiving the land title. After purchasing the land, the organizations and individuals involved in reforestation independently hired laborers to clear and burn the undergrowth for planting. The majority of the land sold by households consists of regenerated natural forest, classified as Ic to IIa and IIb, primarily located in the communes of Chau Binh, Chau Hoi, Chau Nga, Chau Hanh, Chau Thang, and Chau Binh.
Specifically in Chau Hanh commune, the Forest Protection Department has verified that several households and individuals in the two villages of Ke Ninh and Pa Co have leased, sold, or transferred forest land to Nghe An Green Joint Stock Company (represented by Mr. Phan Ba Giang and Mr. Lo Xuan Toan), whose office is located in Binh 3 village, Chau Binh commune. Specifically, in 2011-2012, Mr. Lo Xuan Toan and Mr. Phan Ba Giang directly approached households with forest land to enter into lease, purchase, and transfer contracts. These contracts involved the transfer of land use rights and lease agreements with a term of 50 years, at prices ranging from 350,000 VND/hectare to 1,600,000 VND/hectare.
After signing the contracts, the households received the money and handed over the land use right certificates to Mr. Toan and Mr. Giang. Thirty-seven households sold, transferred, or leased land use rights totaling 464.7 hectares (of which 281.3 hectares were in Ke Ninh village and 183.4 hectares in Pa Co village). Recognizing that failure to decisively prevent and promptly address this could lead to widespread and uncontrollable deforestation and land accumulation for certain organizations and individuals, while depriving the people of their means of production, the Quy Chau Forest Protection Department recommended that the District People's Committee direct relevant departments and commune authorities to review and compile statistics on households and individuals leasing or transferring land, as well as individuals and organizations receiving land transfers illegally, in order to take preventive and corrective measures in accordance with the law.
In February 2015, the Quy Chau Forest Protection Department submitted Report No. 30/BC-KL to the District Party Committee and the District People's Committee. In addition to the above incident, the report clearly stated that some households, individuals, and forest plantation investors had intentionally and deliberately cut down young trees to deplete the forest, then cleared and burned the trees to plant new ones, creating a complex and unpredictable risk of deforestation.
Simultaneously, deforestation and forest fires continue to occur. Specifically, at 6:30 PM on April 18, 2015, a forest fire broke out in Lot 1, Section 20, Sub-area 175, in Chau Hanh commune. Immediately after receiving the report, the Quy Chau Forest Management Unit reported to the District People's Committee to mobilize forces and equipment to extinguish the fire. Subsequently, together with the District Police, the People's Procuracy, and the Chau Hanh Commune People's Committee, they conducted an investigation and measured the damage caused by the forest fire. The measurement determined that the burned area was 62,785 m2, located within the state-allocated production forest land belonging to Mr. Lim Van Quy and Mr. Vi Van Than (both residing in Dinh Tien village, Chau Hanh commune).
The Quy Chau District Police Investigation Agency conducted an investigation and questioned the relevant individuals. Mr. Lim Van Quy confessed to illegally clearing the forest (forest status IIb + N, bamboo forest) and then burning it, causing the fire to spread to the forest land of Mr. Vi Van Than's family. According to the law (Decree 157/2013/ND-CP on administrative penalties for forest management, development, and forest product management), the area of forest cleared and burned by Mr. Lim Van Quy exceeded the threshold for administrative penalties. Therefore, the Quy Chau Forest Management Unit requested the Quy Chau District Police Investigation Agency to initiate criminal proceedings for the crime of destroying forests as stipulated in the Penal Code; and requested the Quy Chau District People's Committee to direct relevant agencies to handle the case according to the law.
It has been learned that in 2011, the People's Committee of Quy Chau District was aware of the illegal buying and selling of forest land use right certificates issued under Decree 163. Therefore, in 2012, they issued Official Letter No. 162/UBND.TNMT on the transfer of forest land use rights, requiring the chairmen of communes and towns not to certify the transfer of forest land use rights; and instructing the Land Registration Office not to process applications for the transfer of forest land use rights from households that had been granted under Decree 163. After the Forest Protection Department submitted Report No. 30/BC-KL on April 20, 2015, the Quy Chau District Party Committee issued Directive No. 15 - CT/HU of the Standing Committee of the District Party Committee; The People's Committee of Quy Chau District issued Official Dispatch No. 190/CD-UBND on April 22, 2015, directing the strengthening of measures to prevent illegal logging, illegal forest conversion, and forest fire prevention and control.
In Directive 15 and Telegram 190, the Quy Chau District Party Committee and People's Committee clearly stated the current situation and directed forest protection forces to coordinate with the military and police to strengthen patrols and inspections of forests at the source; promptly detect, prevent, and strictly handle those who illegally cut down, exploit, and cause forest fires; and at the same time prevent the conversion of forest land use, illegal buying, selling, and transferring of forest and forestry land.
Mr. Ngo Duc Thuan, Vice Chairman of the Quy Chau District People's Committee, said: The district Party Committee and People's Committee have assigned the Forest Protection Department and relevant departments to strictly implement Directive No. 15-CT/HU of the District Party Committee Standing Committee and Official Dispatch No. 190/CĐ-UBND of the District People's Committee; in addition, they will continue to inspect and review to clarify the situation of buying, selling, and transferring forest land from previous years. For cases that have been clarified, strict handling will be carried out in accordance with the law.
The Party and State's policy of allocating land and forests to the people aims to enhance the effectiveness of forest management and protection, and to connect people's lives with the forest; it also aims to create conditions for people to develop their family economies and gradually eradicate poverty in a sustainable manner. It is suggested that the Quy Chau District Party Committee and People's Committee need to provide more decisive direction, and should promote the role and responsibility of the People's Committees of communes and towns in land management and public awareness campaigns; in addition, violations must be strictly dealt with. Only then will the situation of forest burning, illegal buying and selling, and transfer of forest land be promptly rectified, and the Party and State's policies on allocating land and forests to the people be effectively implemented.
Nhat Lan



