Strictly handle violations in the use of forestry land

(Baonghean) - On January 15, 2015, Nghe An Newspaper published an investigative article reflecting on the illegal transfer and arbitrary conversion of forestry land use purposes in Quy Chau district. After the newspaper published the article, Quy Chau authorities clarified that up to 465 hectares of forest had been illegally sold and transferred...

The situation of illegal transfer of forestry land, then arbitrarily changing the land use purpose that people discovered was in Chau Hanh commune. Accordingly, around 2011 - 2012, in Ke Ninh and Pa Co villages (Chau Hanh commune), many households that had been allocated forest land by the state under Decree 163 of the Government sold it to a business at a very cheap price.

In 2014 - 2015, this enterprise used machinery and human resources to open roads, clear forests and change land use purposes. Based on the information from the people, Nghe An Newspaper investigated and clarified the above incident. The enterprise that illegally bought, sold and transferred forestry land and then arbitrarily changed the land use purpose was Nghe An Xanh Joint Stock Company, headquartered in Binh 3 village, Chau Binh commune.

Forest area illegally transferred by local people to Nghe An Green Joint Stock Company.

After Nghe An newspaper published an article reflecting the above situation (article "Regulating the illegal transfer of forestry land" published on January 15), Quy Chau district assigned the Forest Protection Department to these areas to inspect and clarify. According to Mr. Le Xuan Dinh, Head of Quy Chau Forest Protection Department, through inspection, it was determined that in the district there were a number of households and individuals who were allocated forest land according to Decree 163, then sold, transferred, and leased forest land to a number of organizations and individuals to invest in forest planting. The buying and selling took place quietly, a few had contracts, the rest were mainly verbal agreements between the two parties, the seller received money, the buyer received the red book. After buying, the forest planting organizations and individuals arbitrarily hired workers to clear and burn the vegetation to plant forests. The area sold by households is mainly natural regenerated forest, state from Ic to IIa, IIb, mainly taking place in the communes of Chau Binh, Chau Hoi, Chau Nga, Chau Hanh, Chau Thang, Chau Binh.

In Chau Hanh commune alone, the Forest Protection Department has specifically verified that a number of households and individuals in Ke Ninh and Pa Co villages have leased, sold, and transferred forest land to Nghe An Xanh 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 went to households with forest land to sign contracts to lease, buy, and transfer forest land. In the form of land use right transfer contracts and land use right lease contracts with a term of 50 years; with agreed prices ranging from VND 350,000/ha to VND 1,600,000/ha.

After signing the contract, the households received money and handed over the land use right certificates to Mr. Toan and Mr. Giang. There were 37 households selling, transferring, and leasing land use rights with a total area of ​​up to 464.7 hectares (of which Ke Ninh village is 281.3 hectares; Pa Co village is 183.4 hectares). Realizing that if not resolutely prevented and promptly handled, it would lead to the risk of simultaneous natural forest destruction, which is difficult to control and the risk of land accumulation for a number of organizations and individuals; meanwhile, people would lose their means of production, therefore, Quy Chau Forest Rangers recommended that the District People's Committee direct functional departments and local commune authorities to review and count households and individuals leasing and transferring land; individuals and organizations receiving land transfers in violation of regulations, in order to take measures to prevent and handle them in accordance with the law.

In February 2015, Quy Chau Forest Protection Department sent Report No. 30/BC-KL to the District Party Committee and People's Committee, in addition to the above incident, it also clearly stated that some households, individuals and forest investors had arbitrarily and intentionally cut down young trees to impoverish the forest, then cleared and burned them to plant forests, causing the risk of deforestation to become complicated and unpredictable.

At the same time, the situation of forest destruction and burning still occurs. Specifically, at 6:30 p.m. on April 18, 2015, at Lot 1, Section 20, Sub-area 175, in Chau Hanh Commune, a forest fire broke out. Immediately after receiving the news, Quy Chau Forest Protection Department reported to the District People's Committee to mobilize forces and means to extinguish the fire. Then, together with the District Police, the People's Procuracy, and Chau Hanh Commune People's Committee, they investigated, measured, and counted to determine the damage caused by the forest fire. Through measurement, the burned area was determined to be 62,785 square meters, located in the state production forest land assigned to the households of Mr. Lim Van Quy and Mr. Vi Van Than (both residing in Dinh Tien Village, Chau Hanh Commune).

The Investigation Police Agency of Quy Chau District Police conducted an investigation and questioned the related subjects and Mr. Lim Van Quy confessed that he had arbitrarily destroyed the forest (forest status IIb + N, bamboo forest) and then organized the fire and the fire spread to the forest land of Mr. Vi Van Than's family. Compared with the provisions of the law (in Decree 157/2013/ND-CP regulating administrative sanctions on forest management, forest development and forest product management), the area of ​​forest that was destroyed and burned by Mr. Lim Van Quy exceeded the level of administrative sanctions. Therefore, the Quy Chau Forest Protection Department requested the Investigation Police Agency of Quy Chau District Police to prosecute the case for the crime of forest destruction according to the provisions of the Penal Code; requested the People's Committee of Quy Chau District to direct the relevant agencies to handle the case according to the provisions of the law.

It is known that in 2011, the People's Committee of Quy Chau district had grasped information about the situation of illegal buying and selling and transferring of forest land use right certificates granted under Decree 163. Therefore, in 2012, there was Official Dispatch No. 162/UBND.TNMT on the transfer of forestry land use right certificates, requesting the chairmen of communes and towns not to confirm the transfer of forestry land use right certificates; assigning the Land Use Right Registration Office not to accept the transfer of forestry land use right certificates of households that had been granted under Decree 163. After the Forest Protection Department had 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; Quy Chau District People's Committee issued Official Dispatch No. 190/CD-UBND dated April 22, 2015, also directing the strengthening of measures to prevent illegal deforestation and forest conversion, and forest fire prevention and fighting.

In the content of Directive 15 and Telegram 190, the District Party Committee and People's Committee of Quy Chau district clearly stated the current situation and directed forest protection forces to coordinate with the military and police to strengthen patrolling and checking forests at the root; promptly detect, prevent and strictly handle subjects who illegally cut down, exploit forests and cause forest fires; at the same time, prevent the conversion of forest use purposes, illegal buying, selling and transferring of forests and forestry land.

Mr. Ngo Duc Thuan, Vice Chairman of the People's Committee of Quy Chau district, said: The leaders of the district Party Committee and the People's Committee have assigned the Forest Protection Department and related departments to focus on strictly implementing Directive No. 15 - CT/HU of the Standing Committee of the District Party Committee and Official Dispatch No. 190/CD-UBND of the District People's Committee; in addition, 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, there will be strict handling according to the provisions of law.

The Party and State's policy of land and forest allocation, in addition to enhancing the effectiveness of forest management and protection, connecting people's lives with forests; aims to create conditions for people to develop their family economy, gradually eliminate hunger and reduce poverty in a sustainable way. It is thought that the District Party Committee and People's Committee of Quy Chau district need to direct more strongly, promote the role and responsibility of the People's Committees of communes and towns in land management and propaganda and mobilization of people; in addition, violations must be strictly handled. Only then can the situation of forest burning, illegal buying and selling and transferring of forest land be promptly corrected, and the Party and State's policies on land and forest allocation to people be effective.

Nhat Lan