Thứ Bảy, 11 tháng 2, 2012

conclusion of the Prime Minister about the unlawful coercion land in Tien Lang district


                                  Ministers - the Government Office Vu Duc Dam
                                  announced the conclusion of the Prime Minister

               THE TRUTH - JUSTICE - LOVE


The case of land forced of the government illegally in Tien Lang district, Hai Phong City with his family Doan Van Vuon which shocked the country and caused much urgency in the public opinion during that time, finally be elucidated. Conclusions of Prime Minister Nguyen Tan Dung shows a series of serious wrongdoing at all levels of government coercion in the infamous land above as well as a series of shortcomings and problems in the law and the law Land should be amended to remove. Violations of state officials of course must be severely punished by law but the victim as his family Doan Van Vuon, the authorities will consider whether and handle like? direction of the Prime Minister is resolute but implementation at the local, whether they have been taken seriously as people's expectations remains to be waiting for response time.

 In this case the public did not see mention of satisfactory compensation of material damage and mental for his family Doan Van Vuon except the direction of the Prime Minister is right to recover all decisions wrongful coercive land from government at all levels and procedures for family Mr. Vuon is land use comply with the provisions of land law. And the thing that people worry now though is handled in the direction favorable, and its implications for damage which he, himself and his family must continue to suffer is hard to avoid. Also appearing at this time many people said that the law in Vietnam is not transparent and superior status indicator on the one hand but subordinate to doing another is common in our society today which people have often heard that " law of King not higher as village's law."

Although the facts of the case have been clarified and the result must be left, right and wrong has been the head of government certification. But the case has not stopped here and people continuing care and monitoring of all developments as well as the behavior of governments at all levels and relevant authorities how will look like after the decision and direction from the Prime Minister. We hope that through this heartbreaking case, governments at all levels will recognize its wrongs and change and overcome the spirit of absorbing seriously. Human morality and integrity of law is indispensable in the legal system in any country. Any action contrary to the essential needs made it synonymous with social corruption will push the country and people go to the unrest.

    The full text of the Prime Minister concluded

Prime Minister Nguyen Tan Dung - Photo  

After hearing a general report of the Government Office and the opinions of delegates attending the meeting, Prime Minister Nguyen Tan Dung has the following conclusions:

I. In recent years, laws and policies on land have been many changes. Since 1987, the Land Law was enacted last three times (1987, 1993, 2003) and revised two times (1998, 2001). Hundreds of legal documents were issued, modified but still not low enough problems, and even overlap and conflict.

Qualifications, staff capacity in land management, especially at the grassroots level is still restricted while land is fluctuating rapidly, legal documents on land are very numerous and complex, so the management land in the country is still inadequate. Many problems arise in the management and land use have not been regulated and timely; land claims accounted for over 70% of total claims and more prolonged cases.

In recent years, the party committee, People's Committee of Tien Lang district, Hai Phong city leaders interested in directing the implementation of the management of state land, continuously improving the efficiency of land use in general and coastal alluvial particular, socio-economic development contributes fairly quickly and comprehensively, ensuring national defense and security, social order and safety, improve people's lives. For Mr. Doan Van Vuon, the local government has allocated land, including the additional allocation the land encroachment after administrative sanctions, creating favorable conditions for investment in his park embellished on a large aquaculture land allocated to them.

However, the People's Committee of Tien Lang district, Hai Phong city has made mistakes in land allocation, land acquisition, compulsory land acquisition has been allocated to Mr. Doan Van Vuon as follows:

1. The land allocation, land acquisition

- Decision No. 447/QD-UB October 4, 1993 the People's Committee of Tien Lang district allocated 21 hectares of land to Mr. Doan Van Vuon is in accordance with the provisions of land law at the time of issuance.

Decision No. 220/QD-UB April 9, 1997 the People's Committee of Tien Lang district assigned additional 19.3 hectares of land to Mr. Doan Van Vuon for the purpose of aquaculture for a period of 14 years, calculated from October 4, 1993 is ultra vires and in accordance with the actual land use. But this decision does not comply with the provisions of law on land allocation or land lease on the land assignment duration and timing of the allocation period.

- The Decision 460/QD-UBND on 23/04/2008, 461/QD-UBND Decision dated 07/4/2009 of the People's Committee of Tien Lang district's land acquisition Doan Van Vuon on the grounds that expiry of use is contrary to the provisions of the Land Law 2003 and Decree 181/2004/ND-CP dated 29/10/2004 of the Government on the implementation of the 2003 Land Law.

2. The forcible land acquisition

Because the decisions on land acquisition were wrong in accordance with the provisions of land law should decide coercive land acquisition is also unlawful. On the other hand, the organization of compulsory land acquisition Tien Lang district People's Committee also has many shortcomings and violations.

3. The demolition house of Mr. Doan Van Vuon

The local government leaders make the direction to break house of Mr. Doan Van Vuon is showing signs of violation of criminal law should be prosecuted, investigated and dealt with strictly and clearly.

II. The Prime Minister welcomed the leaders of Hai Phong city to seriously review, received defective, responsibility and leadership and direction necessary for the incident. Asked the Prime Minister Hai Phong city leaders continue to implement the following:

A. Direct recovery of the unlawful decisions of the People's Committee of Tien Lang district in land acquisition and compulsory land acquisition has been allocated to Mr. Doan Van Vuon. Dealing with land use violations of Mr. Doan Van Vuon in accordance with the laws and procedures for Mr. Doan Van Vuon  in land use accordance with the provisions of the Land Law. To direct the People's Court of Hai Phong City People's Court and Tien Lang district to seriously review the adjudication of the case.

Two. Direct law-enforcement agencies to prosecute, investigate, and soon brought to trial in accordance with strict rules of law the demolition of his house Doan Van Vuon. Suspend the work the staff has directed demolition house of Mr. Doan Van Vuon.

3. Direct law-enforcement agencies to expeditiously bring the case "against the murder and duty" to a public trial, to ensure strict law. Proposing agency conducting the proceedings to consider extenuating circumstances for the accused by the unlawful decision of the district People's Committee of Tien Lang.

4. Steering and Tien Lang district of Vinh Quang review, clarify responsibilities and forms processing in accordance with the Party and laws of the State for the organizations and individuals related to the violations in the land allocation, land acquisition, held enforcement, demolition house of Mr. Doan Van Vuon.

Five. Hai Phong city leaders criticize and clarify responsibility for:

- Approve the proposal coercive land acquisition unlawful Tien Lang district People's Committee.

- When the incident slow steering clear right and wrong and of collective responsibility, individuals reporting inadequate - seriously with the Prime Minister; the implementation of not providing timely information, lack of close pressing close in public opinion.

6. Hai Phong city leaders to review past experiences profound and direct the case to review and reorganization of the management of state land, consolidate and increase the quality of team officials work of state management on land, not to the same incident. Stabilize the situation in all aspects of Tien Lang district. Good performance of the Central Resolution 4 XI on Party building and promoting a great achievement and good tradition of Hai Phong city, focused leadership to direct the successful implementation of socio-economic development plan 5 2011 -2015 Party Congress that the city has in place.

The work must be done promptly, seriously with a high sense of responsibility and report to the Prime Minister's performance.

III. Through coercive recovery case of land in Vinh Quang, Tien Lang district, Hai Phong city, the Prime Minister requests:

A. People's Committees of provinces and cities nationwide initiative to review, correct management of state land, especially the recovery of land acquisition and enforcement of security as prescribed by law. To enhance the responsibility, focus and proper settlement of complaints and denunciations of citizens on land

Two. MONRE in coordination with relevant ministries shall review, amend the regulations on management and land use. Urgently review the implementation of the Central Resolution 7 IX on further innovation policy, land legislation and propose amendments to the Land Law to suit the actual situation and the new development requirements.

3. Ministry of Justice research, institutional development proposed to control the issuance of administrative decisions of government at all levels.

4. Prime Minister's Court petition the Supreme People's jurisdiction to review the trial procedure against the judgment and decisions of the People's Court of Hai Phong City People's Court and Tien Lang district.

Five. The Prime Minister welcomed the mass media agencies have contributed positively to the authorities to clarify the direction and appropriate for the incident.

Request for media agencies continue to promote the role and responsibilities of his more practical contribution to building the Party and state apparatus strong and clean, promoting ownership and protection legitimate interests of the people. Experiences seriously, refrain from reporting the news is not objective, not true nature of the prejudice to the interests of the country and people.

Request Information and Communications Ministry to coordinate with the Central Department of Propaganda and the governing body, to enhance the direction, management and create favorable conditions for the press to function properly the policy of the Party and laws of State actively involved in the propagation direction public opinion; timely adjust and handle violations to press our country stronger, made worthy contributions to national construction and defense .

The Prime Minister welcomed the enthusiastic comments, relevant to the case of senior comrades, experts and officials, the people were sent directly to the Prime Minister or through the media media and would continue to receive suggestions for building the management and administration of the Government and governments at all levels.


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