Thứ Ba, 10 tháng 1, 2012

The truth about the forcible land acquisition in Haiphong


             THE TRUTH - JUSTICE - LOVE

"Do not listen to what the Communists say, but let's look at what communism doing as" the last good message of his former Heads of State President Nguyen Van Thieu was eloquently demonstrated over three decades of life doomed the atheistic communist regime, totalitarian political party. On the one hand the government tried to promote for the so-called state socialist rule of law, respect for human rights and implement an equitable and civilized society in the interests of the people ... Actually it's just demagogic words that the communist regime has done during the war to entice people of Vietnam for their dark intrigues went to the South to take over completely Vietnam.

During 36 years living with Communists, people increasingly realize the true face and making a U-turn of the communist regime is inhumane. The communist authorities willing to face and lie not only with fellow South Vietnam, who used to work are considered, in partnership or association for any government of South Vietnam before but they still kept to the four "puppet puppet troops right" and treated cruelly inhumane but also for individual rights, they are willing to make U-turn to even the comrade, comrades, the revolutionary veterans, former officers, veterans, the Vietnam hero Mother had once conceived assist them during the war to take over South Vietnam.

For the basis of religion which they seized an illegal, they apply the label as slander, false documentation or the donation land claims brazen as to take advantage of areas of land and property on humanitarian purposes or for public interest should not be returned to the Religious Services to take over as the land of Hanoi nunciature, parishes My Du, Cau Ram parish, parish My Loc. ... v. .. v. ... then met with fierce opposition from religious leaders and lay people as in the case past the Thai Ha parish, the Communist government of Vietnam changed the other way harmed by the mob and those who work in the administration block in order to harass legitimate pretext for state repression of people to appropriate the land assets unscrupulously .

The Land Appropriation of Redemptorist monastery in Thai Ha Ha Noi and the enforcement of illegal appropriation of tens of hectares of land, home garden of Mr. Vuon and some of family who are allocated for use exploitation is differences in form and content, but the consequence that both the Thai Ha parish and his family Vuon and others have been suffered similar circumstances because confidence in the promise from the government to accept dialogue in a spirit of peace and respect for justice but then state government communist Vietnam to face 180-degree turn to use their power make up the left dispose property's land and people of religion with violence an unlawful manner.

The breach of trust and service aspects of Vietnam's communist government in resolving the land dispute with the parish of Thai Ha, Hanoi was pressing people and the Thai Ha parish down the road leading to the Priests, Religious and lay people ask the government to respect the truth and fair settlement of land assets that the government of Vietnam has illegally appropriated the Church over the last few decades. Particularly in the case of Mr. Vuon and some of families of Tien Lang district, Hai Phong city because of confidence in the commitment of government representatives that if you do consent to withdraw the complaint they will continue to allocate land to farming, but later government to make U-turn and used on police and army violence forced them to push people into a dead end way of life that no longer have to take action against violations of the law unexpected.


Nu Vuong Cong Ly
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The truth about the forcible land acquisition in Haiphong

01/10/12 11:02 AM  Sự thật về vụ cưỡng chế thu hồi đất ở Hải Phòng
Cases farmers opened fire on police and soldiers were mobilized to rob land, property and effort of sea reclamation of Doan Van Vuon at Quang Vinh village, Tien Lang, Hai Phong has outstanding attention few comments today. To press the communist newspaper was also some clarification on the truth.

To meet the information requirements, Queen of Justice published a newspaper article on Vietnam, the views of the article are not necessarily the views of the Queen of Justice.

A staff of Hai Phong Party Committee said: If it detects errors in the process of land acquisition, TP will handle.

Acts of gun use coercive force, the duty is not acceptable. The law enforcement agencies access is urgently review and clarify the role of each suspect in the case of law violation is very serious to handle serious.

However, in this case there are some things to clarify the behavior of government for the allocation of households.

The people who prevent the storms to village

Several days, said Pham Van Danh, 82, former Party Secretary of Quang Vinh, on himself when he heard family of Doan Van Vuon fall into jail because of fire on the forces of coercion of land recovery.

"He is favour people of the village with our relatives, if he did not create a shielding embankments do not know people ever to finish the scene Glory dike break, run the storm" - Mr. Danh was fretty.

In his memories, the ocean storm hit the embankment is always sat obsession. Every time a storm, the whole village, the commune must run the storms. " that Vuon could prevents the storm Reaching the village" - Mr. Danh said. "More than 20 years ago, the guy asked me to park it outside get to the beach dress. In this region it is the vast sea. I recommend him: " you could not do, what the State did not even make it, how can you be." But he does not listen, just determined to do ".

He agricultural engineer Doan Van Vuon with his presentation on the idea of ​​"polders" of him. One doubts, that seeing his son resolved to "gamble with God," said Doan Van Thieu nod to agree. He sold thousands of ducks and 20 tons of grain put out for children to break ground. Reach him to mobilize all seven children with her siblings, neighbors with his head towards the wild waters.

On the day they drown oneself in water from morning until late at night. Too much money and effort poured into the sea with a desire to make the dam firmly but not so many failed attempts. How many ships rock fall yesterday but in morning the waves were melted apart.

Some people find him "crazy" so challenged: "If you could do, I will give you a beautiful motorcycle." Undeterred, he sold the home park, you raise the price is nothing to be clean.
The first bad luck happens. One day, while the family is desperately worried about outside yard, his oldest daughter was eight years old struggling at home how to drown the drain. Compression pain, he is determined to break park land. He found the species, to plant outside and will continue to firm up the embankment when the plant is steady.

After five years with so many times by storm wipe out, the last two kilometers long embankments have been formed of him creating fertile alluvial. Outside he planted a large flap 60 ha of mangrove forests.

 To be confiscated land

Vast estuary region after decades of reform have become rich swamp fisheries. Since then, the people of Quang Vinh have been out from to run to escape the storm broke. Many people who his neighbors nearby temples have been created jobs, those who is suffering to receive his help. Meanwhile, family of Mr. Vuon is well-known rich but still a few billion debt burden ...

Yet suddenly he received a decision of land confiscation of the People's Committee of Tien Lang district. No compensation, no return. Not only Mr. Vuon but many other households, including Mr. Vu Van Luan (live Hung Thang Commune) is the same plight.

Thought that fish farms must be given 20 years, and then they will continue allocate land , Mr. Vuon and Mr. Luan initiated to sue the land acquisition decision in court.

To be rejected by Tien Lang district Court, they appealed to the Hai Phong People's Court. City Court held for two parties agree, hearing representatives of the DPC will promise their application to lease, if Mr. Vuon and Luan withdrew the complain application. Then they repeated to apply for rent but no response.

May 11-2011, DPC decision forced land acquisition. Then came the day when "fate" 5-1-2012, DPC organize forces make enforcement decisions ...

Mr. Luan pressing "The written agreement in Hai Phong City Court, said representatives of the DPC will continue to hire so we withdraw. We believe a written agreement signed by the parties and the judge's signature is legally valid. One doubts the district Sharp a 180-degree turn. Court records say the agreement has no value, turns out we were tricked ? ".

According to Mr. Luan, over the years, the pond owners have repeatedly come for  tax payment but have not been accepted. They made the application for the Tax Department tax district but could not obtain answers to their long hours spent under no obligation to the State.

When reporter contacting with Pham Xuan Hoa, head of Natural Resources and Environment Tien Lang district, DPC representatives promised to allocate land if Mr. Luan and Vuon withdraw the appeal, Mr. Hoa has refused to answer.

Contact Le Van Hien, chairman of Tien Lang district, Mr. Hien statements "are the busy, call back later" but then contacted several times no answer.

Under the pond seafood owners, formerly district allocation decisions with no fixed term, 4-14 years. The owners have repeatedly suggested the DPC allocate land on time 20 years that following the Land Law but not be considered.

District based on the duration of land allocation decisions, just to the limit is to confiscate at all , no compensation nor sublease. Immediately after enforcement, the whole of his house on the lagoon park has been leveled.

Interpretation is not convincing

According to Luong Van Trong, Vice President of Aquaculture Associations brackish Tien Lang district, days 8-1, inter-FA has sent a written authority to confirm that the land acquisition for the two associations who is Mr. Luan and Vuon is illegal.

Talking to City Legal, a staff of Hai Phong Party Committee, said the day after the incident, city leaders met to settle the case.
Accordingly, the City has agreed to inspect and review the entire process of land allocation, land acquisition of DPC Tien Lang objectively. "If it detects errors where, TP will handle" - the officials said.

This document emphasizes: "On behalf of Tien Lang district government signed an agreement with residents to resolve an administrative case with the witness of the City People's Court has the faithless with that agreement." However, Le Van Liem, Vinh Quang Commune People's Committee Chairman (Mr. Liem is sibling Chairman Le Van Hien District), said that the forcible withdrawal of Mr. Vuon than 38 ha  is lawful for The decision of the courts.

However, when asked if the time limit aquaculture land is not enough 20 years is legally? Mr. Liem could not explain. According to Liem, the village has received tender land handed to wait another use.

During the afternoon press conference 5-1-2011, Le Van Hien, chairman of Tien Lang district, said land acquisition for bidding for those who have better lease terms.

Meanwhile, public opinion has long been tingling story "determination" of government recovery the pond land of Mr. Vuon, Luan to hand over to Mr. K. (Live Tien Hung), H. (Live Vinh Quang), P. ( living Nam Hung commune). That opinion is true? How these people have relationship to the district officials, commune as well as it should be clarified.

To the district must correct or cancel the decision
The court must explain the consequences of withdrawal.

Law on administrative proceedings does not permit courts to recognize the agreement of the parties as in civil proceedings.

Thus if the DPC representatives agree "if households withdraw a land lease shall continue," the court should facilitate on DPC time to cancel or change the decision on land recovery litigation, DPC and hand over the decision to cancel or change it to the petitioner.
Then, the new court instructions to the petitioner to withdraw the petition or to withdraw the appeal.

On that basis, the promulgation of the decision of the appellate hearing to suspend or discontinue handling of cases of the new appellate court strictly according to law, protect the lawful rights and interests of the originator event.

On the other hand, the decisions to recover land, the Land Law specifies: "If the land is not withdrawn comply with the decision on land recovery, the competent People's Committee decision on land recovery enforcement. The forced land acquisition must abide by the enforcement decision and may lodge a complaint. "

Thus, if the awareness of law is limited to the petitioner agreed to withdraw the appeal, petition in hand when they have a written record reviews of DPC, and land acquisition decisions they still exist in reality, more than anyone, the judge must resolve the case analysis for them to grasp the legal consequences of their withdrawal to consider and decide. Only do it when the new settlement fully and lawfully and fairly.

Mr. Pham Cong Hung, the Supreme People's Court Judge

People make decisions not to revoke

I see the district land acquisition decision is not satisfactory. His whole life with siblings spent much harder why do not communicate to him so that people do to pay the debt repayment.

The court then reconciled, promising to continue the lease and that the decision coercive recovery is not needed.

Be solved by dialogue rather than confrontation so why. Now for the machines broke the house with two floors of them that story makes people wonder, whispers everywhere.

(Mr. Pham Van Danh, 82, former Party Secretary of Quang Vinh)

According to Huy Hoang (City Legal)

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