Thứ Hai, 11 tháng 6, 2012

Land corruption in Vietnam ....... There is no escape!



Planning, land acquisition, clearance is not compensated or compensated only with cheap prices and then resold to investors for projects with more than ten times the land price, regardless of their thoughts and aspirations of the people no concern of life and the true situation of the people who after the property and land was confiscated, there is no goodwill in negotiations and dispute resolution .... and finally the universal use force with hundreds, thousands of police, army, armed with batons, electric batons, guns and even aggressive dogs attacking people for appropriating the property and their land despite public opinion domestic and foreign, despite moral, despite breaking the law, the country's Constitution and international law, the problem is real and exists so long and be urgent for the people as well as causing concern and attracted attention from international human rights organizations and many countries around the world.

The negative issues exist on land above so long has left many implications and faced fierce opposition from the people through various forms including mail complaints to the authorities at all levels, concentrate to protest before the authorities agency for asking to resolve satisfactorily and ultimately forced to commit acts of protest against the wrong regulations and actions seize assets from illegal land representations of law and government at all levels. The circumstances of serious coercion property and land that happened in the past such as the following cases: Hai Phong Tien Lang, Van Giang Hung Yen, Nam Dinh Vu Ban .. v .... v ... Besides, the problem of land disputes between the religious authorities and between authorities and people are still so long festering issue that there is no escape because land laws and policies in Vietnam is inadequate, unreasonable and not consistent with current national situation and social status of Vietnam today.

Out of the existing shortcomings of policy and land law, the corruption of senior officials of the State, who are holding important positions and power in the government including local government, wards, communes, districts, cities and even to Central colluding together lead to the same action blatantly bend the law, distort and conceal the truth, change black to white aimed to seek personal gain , divided from each other and when to be re recodnized is not only not improved, but also using the power available to cover each other with these words sophistry, slander people and sometimes the whole libel the team of his brothers, his comrades to escape crime. The above negative is serious cause for the persistence of disputes and land claims. It is estimated that tens of thousands, hundreds of thousands of cases of people claim to government claims, the cases related to land occupied rate to more than two thirds.

To remove and may stop persistent land disputes mentioned above, the government's goodwill is the only key to remove. This includes all levels of government and party leaders to seriously look into the truth and active as well as amendments to overcome the shortcomings and violations of policy and land law, as well as penalties of the government officials who have made mistakes, do not cover and public events as well as to strictness of law, respect for the transparency of justice. However, it seems irresistible before the great benefits of land so many serious cases occurred in recent years is not treated but also have faded signs despite comments and handling  request  from the head  of government, Prime Minister Nguyen Tan Dung. Besides, the government is unwilling to modify and overcome in land that  in the Central Conference 5 and plan amendment land law recently was held in Hanoi on 05 June  is clearly.


People of Thu Thiem call for help and recommendations

Posted by admin at 1:37 the morning of 6/11/12

   VRNs (06/11/2012) - Saigon - We are the households who has house and land in the five wards: An Loi Dong, An Khanh, Thu Thiem and Binh An and Binh Khanh (under Decision 367) and District 2 City arbitrarily extended three wards: An Phu, Cat Lai and Thanh My Loi

             Unanimously to apply:

      I / consider the legality of the project: the Thu Thiem New Urban Area in District 2, Ho Chi Minh City
      II / Instance and Court of Appeal on compensation claims, support clearance in District 2, Ho Chi Minh.
      III / To settle complaints and denunciations and petitions of citizens reflected in District 2, Ho Chi Minh.

I - To consider the legality of the project: the Thu Thiem New Urban Area in District 2, Ho Chi Minh City

           1 / The urgent official document : 190/CP-NN dated 22/02/2002 signed by Deputy Prime Minister issued V / v land acquisition is ultra vires? People's Committee of HCM City land acquisition that is legal if to be allowed from government .                
           2 / Decision number: 1997/QĐ-UB on 05.10.2002 V / v RECOVERY AND ALLOCATION not the City People's Committee which is the president of the municipal People's Committees, be ultra vires . State agencies are not competent                
           3 / Decision number: 13585 / KTST-QH on 16/09/1998 V / v detailed planning approval rate of 2000 ultra vires regulations promulgated detailed planning 1/2000 put up arbitrarily Planning in the area, so disabled?               
           4 / MAP by the company 02/BB-BQ Cadastral Survey-up work, the Department of Land Administration-approved House on 03/05/2002; contrary to law, by drawing lines and making planning and land acquisition beyond the line QH DTMTT contrary to Articles 28 and 19 Land Act 1993; be unlawful and shall not have effect. 1997 DECISION Pursuant map 02/BB loss effect. All Decisions Decisions as to adjust the household moves and decide on the compensation price, enforcement decisions have no legal effect!

CONCEPT grooves Planning DIFFERENT LAND ACQUISITION  Paragraph 1 of Article 19, on the allocation
The basis for allocation decisions:

1 - Planning, land use planning agency has authorized the State for approval.  Clause 2, Article 28: ON LAND ACQUISITION

The recovery of land to be transferred to other purposes as planned and the plan was the State agencies competent to approve

           The advantage of this map right to seize the land of the people is crime: illegal destruction of property of citizens

II - Courts of first instance and appellate claim on compensation, support clearance in District 2, Ho Chi Minh.

            The appellate courts and trial is the lack of professional and deliberately cover up the abuse of power, taking advantage of the project in Thu Thiem new urban area to seize the land of the people to bring economic sales, illicit profits! Intentionally violated the law and deprive legitimate legal rights of citizens? Court judge has turned the people into place to cover for those who abuse their positions and powers! Trampling State Law! People's Court of Ho Chi Minh City is no longer prop up the people that turned into bureaucratic cover up negative! During a trial does not comply with State law, but the emotional judgment, judgment under the direction of the defendant in a blatant, blatant disgrace to the point! Thus People's Court of Ho Chi Minh city really has degenerated! No longer are the tribunals prescribed by law! Contributing to discredit the Party and State; caused indignation and is a major cause of instability in both security and political order?

           Court of Appeal and first instance to understand and apply completely different Law and the State Government, when sentencing: Land Law 1993, amended in 1998 and 2001, there is no provision to collect specified land each household. Violating even Decree 22/CP; But the appellate court intentionally cover the defendant! Abetting violations of the Law!

            District 2 is not a decision on land recovery, according to paragraph 2.1, Article 2 of Decision 1997. For the purpose of fraudulently withdraw more than the planning area? City Court and District 2 has shirk responsibility; when this is decided for compensation, not land acquisition decisions, so no land acquisition trial outside the planning boundary! Court deliberately evading the evidence. Compensation application and the 1993 Land Law Decree 22/CP, but when re-trial based on the 2003 Land Law and Decree 69/2009/ND-CP dated 13/08/2009

             The court does not comply with Article 8: To provide evidence and proof in administrative proceedings, Article 9. Responsibility to provide documents and evidence of individuals, agencies, organizations and authorities, Article 83. Solicitation and Article 84. Solicitation of evidence alleged to be forged, there were signs of crime, moved to request the Court to consider the investigating agencies about criminal liability under the Act 64/2010/QH12 issued on 24/11 / 2010 The Act 64/2010/qh12 issued on 24/11/2010 LAW ADMINISTRATIVE PROCEEDINGS force on 01.07.2011.

III - To settle complaints and denunciations and petitions of citizens reflected in District 2, Ho Chi Minh.

             The type of just kick the ball, has just whistle: Just based on the provisions of the city, but these requirements seriously violated the Party's guidelines and State law. Prevent citizens not allow to appeal to the Government, in particular in the decision to settle complaints in the second of HCM City has written: Forced to sue! But when to sue, the Court is not accepted! appeal to the Inspector General of Government, but not be accepted!

             Thus, citizens have to go where the complaint to be resolved this complaint?

             The local government does not comply with the law of complaints and denunciations led to consequences in people's pressing, leaving citizens to complain unduly harsh, even as there have been many protests against the right!01/06/2012 On the morning people back their land fenced, determine its ownership, not to the leveling investors for sale, with prices 50 times higher compensation.

              Part of this land was the right officials, lend their names to the Thu Thiem new urban area; to arbitrarily rob people's houses and land. Assigned to the company yard up: Company investment in developing Thu Thiem. The company sold the land and the people since 2008. This company was in debt tens of thousands of billion Vnd ... because not yet delivery land to the buyer!

                                                                           The Thu Thiem

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