There are signs of abuse of position

The Investigation Agency needs to get involved.

Regarding Decision No. 1768/QD-UBND dated September 26, 2009 on land recovery and Decision No. 477/QD-UBND dated December 23, 2009 on approving the compensation plan, Bac Ninh province assigned the Bac Ninh Dike and Flood and Storm Prevention Sub-Department (now the Irrigation Sub-Department) to implement the project to renovate, upgrade and complete the left-hand dike from Km 22+360 to Km 33+555, Tien Du district, Lawyer Nguyen Hong Bach - Hong Bach and Associates Law Firm LLC said: Based on the information provided, if the content is true, then here, the officials who paid money to households whose land was recovered under Decision No. 1768 have signs of committing the crime of " Taking advantage of positions and powers while performing official duties ", according to the provisions of Article 281, the 1999 Penal Code, amended and supplemented. 2009. Because here, the Decision approving the compensation plan states the specific amount of support and compensation that the people will receive, accordingly, the officials paying the money must properly and fully pay the people, not make mistakes or omissions according to the decision and tasks assigned by the State agency. However, in reality, the officials paying the people have made mistakes in their public duties, paying the people whose land was recovered less than the actual amount they received, the amount of money the people received was not fully according to the Decision approving the compensation plan that has come into legal effect.

*Mr. Nguyen Dinh Huong, Secretary - Head of Ren village, pointed to the banana field where people are cultivating.*

Therefore, if during the process of verifying and collecting information, the competent authority finds signs of the crime of " Crime of taking advantage of position and power while performing official duties" or another related crime, it will initiate a case, prosecute the accused to investigate, prosecute, try and execute criminal sentences in accordance with legal provisions .

“
3 Decisions that caused more than 200 households to "lose the right" to use agricultural land: Decision No. 518/QD-UBND dated April 16, 2007; Decision No. 1768/QD-UBND dated September 26, 2009 and Decision No. 2005/QD-UBND dated December 31, 2010, Bac Ninh province reclaimed land for Bac Ninh Dike and Flood and Storm Prevention Department (now the Irrigation Department, under the Department of Agriculture and Rural Development of Bac Ninh province) to implement the project to renovate, upgrade and complete the left dyke of Duong, Tien Du district.

Similarly, in Decision No. 518, people received 150,000 VND/person, but had to pay back to the officials of Ren village and only received 20,000 VND, the remaining amount was kept by Ren village to serve public works. Lawyer Nguyen Hong Bach said: Currently, according to legal regulations, there is no specific concept defining what is a public work. However, in reality, public works can be understood as works serving the common interests of the community, a certain group of subjects, including electrical works such as power lines, transmission networks, and electricity distribution; Water supply and drainage works... To confirm whether the Ren village cadres' retention of people's money for public works is right or wrong, and whether it is in accordance with the law or not, in my opinion, the competent authorities need to verify, collect information, records, and related documents to clarify whether the Ren village cadres' retention of money here is mandatory or is it a voluntary contribution? After collecting money from households, was this money used for the right purpose or not? Was the remaining money (if any) reported to the households?...

Therefore, through the process of verifying and collecting information, it is shown that if there is an act of coercion, threat or use of a form of forcing people to pay back money against their will to serve local public works or after collecting money for improper use... then this is an act against the provisions of the law with signs of property extortion or a number of related crimes... Depending on the nature, level of consequences, causes, and conditions for committing the act of property extortion (if any), the cadres of Ren village will have to bear legal responsibility corresponding to their violations.

3 Decisions need to be revoked to ensure people's rights

Lawyer Nguyen Hong Bach commented: In principle, the Land Reclamation Decisions have been and are in legal effect, households, relevant agencies and organizations must strictly comply with the regulations on land reclamation and land use. The land use rights no longer belong to households, and after the Land Reclamation Decision has come into legal effect, if the competent authority does not reclamation the land to hand over to the Investor for management and use, the relevant responsibilities will be considered and handled in accordance with the law. If households do not voluntarily hand over the land, the State will enforce the decision to force people to hand over the land to the State. Currently, households are using land for agricultural cultivation, which is wrong and not in accordance with the planning.

Lawyer Nguyen Thanh Thuy - Hanoi Bar Association said: Households always comply with the Party and State's guidelines, policies, and guidelines, and are ready to create the best conditions for the State to implement social security policies for the public interest. However, the law is inherently fair and equal to all entities with equal legal status. If this is really true as reported, could there be a hidden, ambiguous reason behind this land reclamation? Or is there a confusion between land reclamation and land exploited for dike construction? In reality, there is no land reclamation, households are still using it stably, long-term, and without disputes.

anh-2.2.jpg — *Bac Ninh province needs to consider revoking the above 3 land reclamation decisions to hand over the land to people for long-term cultivation.*

Therefore, pursuant to Clause 3, Article 3, Decree 64/CP stipulates: Land allocated to households and individuals under this Regulation is officially allocated and is granted a certificate of long-term stable land use rights. Due to the confusion or non-existence of land recovery, while in reality households are still using the land stably for a long time, the state agency, specifically the People's Committee of Bac Ninh province and the levels that have issued land recovery decisions (if any), needs to issue a decision to revoke the above land recovery decisions so that state agencies can continue to issue land use rights certificates to households in accordance with the law.

In order to grant agricultural land use rights to more than 200 households in Ren village who are cultivating on their fields, the People's Committee of Bac Ninh province needs to issue a Decision to revoke 03 Land Revocation Decisions No. 518/QD-UBND dated April 16, 2007, Decision No. 1768/QD-UBND dated November 26, 2009 and Decision No. 2005/QD-UBND dated December 31, 2010 due to violations of land regulations to ensure the legitimate rights and interests of the people.

“
In Document No. 1318 dated May 8, 2023, the People's Committee of Bac Ninh province assigned the Provincial Inspectorate to preside over, review, and propose measures to resolve the prolonged petition of citizens in Ren village, Canh Hung commune, Tien Du district according to the principle of fully ensuring the rights and legitimate interests of citizens on the basis of legal provisions.

Natural Resources and Environment Newspaper will continue to inform.

Source