Thứ Ba, 17 tháng 1, 2012

The government should be fair in considering for wrongful coercion of land in Tien Lang district

                            Tien Lang district-President Le Van Hien
                            who issued the decision and implement enforcement
                            land acquisition unlawfully and immorally to the Family
                            of Mr. Vuon and pushed him into the path of crime

                THE TRUTH - JUSTICE - LOVE

The forcible land acquisition unlawful and immoral action of government Tien Lang district, Hai Phong city for the land area of ​​the lagoon aquaculture to family of Doan Van Vuon led to urgent family , lack of restraint to fire against and causing minor injuries to four police troops. The event shocked the country and gained publicity in recent days. Things became more heated after the press conference along with the irresponsible remarks of Mr. Le Van Hien Tien Lang district president said he was acting lawfully, although there are many opposite comments that received from the leaders in the ministries, government agencies even require the prosecution of criminal liability for his acts of "destruction of private property of citizens" when ordered razed two-storey house to family of Mr. Vuon which is not in park lands coercive.

The president despite blatantly disregard the law and the lives and property of people through the promulgation and implementation of enforcement of illegal land acquisition is an immoral act be condemned and prosecuted the criminal. He blatantly stealing the fruits of labor by the sweat and effort and money consumed so many of Vuon family, the most painful that he even lost his loved daughter while she was only up eight years old. We have to agree with the views of Mr. Dang Hung Vo, former minister of environmental resources that any wrongdoing by the president of Le Van Hien district what not may be to justify. He says that, Tien Lang district administration did not properly and fully applied the provisions of land law upon issuance of enforcement decisions on land recovery of Vuon family .

According to some terms and conditions specified in the land law enacted, the Tien Lang district authorities have withdrawn the enforcement of Mr. Vuon family land  improperly specified time. In that clause 38 of the 1993 land law is invoked that land is revoked when the land use and exploitation of ineffective or if the state needs to land acquisition for projects Defense, security, national interests, public interests and economic development. So talking about the government of Tien Lang district has issued and implemented the forcible land acquisition not only wrong on time but also no compensation for properties built on land under the provisions is contrary to the provisions of law of the land law. Speaking about the government issued an enforcement decision to take over the immoral blatant illegal labor outcomes of people honest.

In addition to the above violations, the ordered razed two-storey house of his family Vuon, the property is not located in areas of recovery land were forced to violate the law need to be clarified and criminal prosecution on charges of "destruction of private property of citizens." The government must quickly clarify all the issues and solving all problems of lens status achieved in terms of respect for truth, respect the laws, not nepotism for the mistakes of subordinates and most is to use the mistakes of Tien Lang district authorities as circumstances required to mitigate punishment for Mr. Vuon on charges of "resisting officials on duty." In addition, authorities should also consider the liability to pay compensation to the family of Mr. Vuon for physically and mentally. including the honor and interests of young engineer, a kind gentle nature found Doan Van Vuon. Especially for the guidance and proper consideration of his time Prime Minister Nguyen Tan Dung on the case when Tien Lang district where the majority of voters trust and he was voted into the National.


'Mr Vuon, crime could be reduced'

Update: 12:51 GMT - Monday, January 16, 2012
Các lực lượng cưỡng chế đối diện sự kháng cự của gia đình ông Vươn
The government was wrong in
Tien Lang for their enforcement
to the land of Mr. Vuon?

Prior to the Tien Lang district government enforcement to shrimp farming of family Doan Van Vuon that shocked the country, a lawyer Tran Vu Hai spoke with BBC about the wrongs of the parties on the legal aspects.
Lawyer Hai who also recently submitted an application with Prime Minister Nguyen Tan Dung proposed for consideration for criminal prosecution of Hai Phong authorities destroyed the house of Mr. Vuon family and his brother for the reason that shelter his family when resist coercive force.

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Mr. Hai was based on the current Land Law to analyze 'the mistakes' of the government Tien Lang district, Hai Phong city.

He said Mr. Vuon with his family using homemade weapons against the police will 'be treated according to the law of Vietnam'.

However, he stressed 'cause of the problem must be made clear' it 'right and wrong then see how to Mr. Vuon.'

"To determine whether the government (Tien Lang) how wrong due to  is too urgent and radical action," he said.

"If proven to be a serious violation of the acts of government (against the duty) of the family of Mr. Vuon will be reduced criminal responsibility," he noted and added that this was stated in the Penal Code of Vietnam.

'Can not recover'

The most obvious wrong that lawyer Hai said 'too wrong', is the house of two of his brothers and Vuon was leveled in the land that the local leaders recognize the area is not coercive.

But Hai said the coercion itself shrimp pond park is also wrong because his 'comes from the wrong decision to withdraw.'

He led the Land Law to explain that the expiration of land use if the individual or organization 'request' and 'appropriate planning', the land next to their use as 'natural'.

"He, Vuon has needs; They made right in agricultural purposes as aquaculture; master plan is appropriate, the airport by 2025 to make" Mr. Hai analysis.
"If the applicable law right is not properly recovered," he concluded.

He said Tien Lang district administration based on a reference, not all the rules in the Land Law and interpret the law according to their favor.
That is the deadline prescribed if the land use authority to the space limit, they may recover and not have to compensate.

"But they do not say to another law (specified above shall apply) in how case?," He said, "In the case of agricultural land use that must be wishing to rent."

"Here (agricultural land) do not question that the continued recovery of land - so the law has made clear," he said.

"Only when he, Mr. Vuon does not use the land right as requirements or improper purposes is just not make extension (land use) for him.

He also said that Tien Lang government could not take land of Mr. Vuon and allocated to another people because 'property on the land must how to solve' and 'dispute will be very complex.

"Land Law has hundreds of articles, readers must read for all," said Hai urgent, "Local governments, especially the director Department of Natural Resources and Environment, must understand thoroughly the Land Law."

The employee benefits

Furthermore, with the coercion of land shrimp of Mr. Vuon, Tien Lang government was 'against the nature of the State specified in the Constitution' is 'polity of workers' capital should be responsible for protecting maximum benefit of the employees.
"The family of Mr. Vuon is the direct labor that makes the rich capital of the land was swamp," Mr. Hai explains why  instead to protect his rights the authorities against the benefit of Mr. Vuon.

He also said that Tien Lang district administration could be prosecuted on charges of "violating the Law of the Land 'or crime' irresponsibility causing serious consequences'.

"There have been doing wrong in the case of land had been treated criminal in Do Son," he said.
"Just to clarify them (government Tien Lang) how motivated, have self-interested or not, who is confirm treatment," he said.

Mr. Hai commented that local government was not transparent and does not make the commitment to the citizens at the local court had previously advised him, Mr. Vuon to withdraw complaint because the government will lease to.

He explained why he sent recommendations on the case of his Vuon to prime minister because the problem lies' in the range of responsibilities and authority of the prime minister.

"Tien Lang district is home to the voters of his (Dung elected to Congress) and he was the head of the executive," Mr. Hai said.

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