Thứ Tư, 7 tháng 11, 2012

Complaints and denunciations land: Many officials cover up for wrong of lower-level



The latest report of the Standing Committee of the National Assembly this morning November 7, 2012 about several shortcomings and paradoxes still exist in management, enact legislation, dispute resolution and settlement of complaints action between people and government related to the field of land have reflected properly and honestly present the actual status in Vietnamese society. However, to truly reap the progress that the National Assembly after the presentation and report the incident still is something far from reality. Although nominally the highest authority, but in fact, the National Assembly of Vietnam is still a puppet body with the virtual power, no different than a puppet in the eyes of the people and State authorities. This was not new to anyone, for everyone knows that, under the rule of authoritarian, one-party communist regime, the Communist Party of Vietnam is truly the most powerful agency, because they are dominant and the effect is all action, all the views and all the decision of the Legislative branch, Justice and Law Enforcement in Vietnam.

During the decades since the communists came to power in both the North and the South, they were arbitrarily sit on Law, Justice and blatantly rampant action as in the society, a country anarchists. Their words, their actions are the law, are the justice that people or right even those who are representative voice for the people in Congress, which we call as the National Assembly representatives must also powerless, not really competent to comment or criticize in front of all their mistakes. A clear and specific examples as recent events of the Politburo of the Party Central Committee, in the form of "self-criticism and criticism" lasts for months under the supervision of the Standing Committee of the National Assembly, under the observation of the majority of people in the country and the International Community. They sincerely acknowledge the weaknesses and errors in economic management, mistakes in leadership roles and ruled the country, pushing the country's economy to the economic recession and instability social values ​​seriously. But all of us have seen what, or just a bitterly disappointment  which had been as previously predicted.

To really political stability, social stability, economic stability and sustainable development, in addition to the amendment and supplement laws, rules and other legal documents missing, inadequate and full of paradoxes. It is equally important that is to reform, to change the key from the mechanism of the regime, even from the perception and behavior of government officials, the party leader and Vietnam's communist government by strictly abiding by the law, respect for truth and respect for justice. For anyone, and for any government agency, there is no right to sit on the law, sit on the national constitution and on the human moral conscience. If so, then all the legitimate aspirations of the people, and the expectations from the International Community just really would become a reality. Viet Nam now are being both to face with risk of dehydration, by the malice of the great invasion of the Chinese communist government, but also must face with political instability, social unrest and the severe economic recession due to rampant corruption which so long cause. Therefore, it needs so much for the same mind synergies deal from people in the country, from the tremendous support of the International Community and especially the change of strongly political mechanism, and the proper awareness timely from the leaders of the Communist Party and the State government of Vietnam.


Complaints and denunciations land: Many officials cover up for the wrong of lower-level 

(TNO) Report of the Standing Committee of the National Assembly on the results of monitoring settlement of complaints and denunciations of citizens related to land by the Member of the National Assembly Standing Committee, Chairman of the Economic Committee of the National Assembly Nguyen Van Giau presented at the National Meeting 7:11 morning show on land policy inadequate leading to complaints and denunciations in the field of high percentage.

Nearly 70% of complaints and denunciations falling on land

According to the report of the Standing Committee of the National Assembly, from 2003 to 2010, authorities at all levels has received and processed more than 1.2 million complaints and denunciations, complaints, factors statements relating to annual average land accounts for nearly 70%.

From 2008 - 2011, receiving, handling nearly 700,000 letters to nearly 500,000 cases.

Chairman of the Economic Committee of the 
National Assembly Nguyen Van Giau, read the 
monitoring reports to settle complaints, accusations 
relating to land - Photo: Ngoc Thang

Among the complaints, the administrative decision on land recovery, compensation, support and resettlement 70%; appeal administrative decisions on land allocation, land lease, which allows to change the purpose of land use accounts for 20%; appeal administrative decisions to grant and revoke the certificate of land use rights accounted for 10%.

Notably, the report that the rate of complaints and denunciations true and complain denunciations is correct, and wrong account for 47.8%, the local rate is very high. The rate of correct action and the right part in the people's courts at all levels accounted for 19.5% of the cases are brought to trial.

Thereby report pointed out the complaints and denunciations of citizens is the basis of administrative decision-making on land of the authorities still many shortcomings.

According to the monitoring report, the complaints and denunciations related to land due to land policy inadequate, unstable; land prices to compensate not close to the market; land prices in each region the gap.

In addition, land policy over the years to be adjusted in favor of the people. From that arose out of compare enviously of the people around by compensation policy between the old policy and the new policy.

The report also pointed out the complaints and denunciations on land increased due to the weak, the fault of the implementation of the measure, the granting of land use rights. Even some officials who abuse their positions and powers  to cover up the mistakes of their subordinate.

Price compensation "difference" to the market price

Deputy Tran Van Tan (Tien Giang) specify complaints and denunciations related to rising land due to current land law are inappropriate and difficult to implement. In particular, land price brackets prescribed by the State is not close to the market price, leading to rates of compensation and support for the people is not enough to buy the same land area, area to live.

Besides, according to Mr. Tan, each year, the provinces have issued new land price frame, many people with land acquisition has deliberately prolonged stagnation and the allocation of land to enjoy the new higher bracket or sliding money price.

Same point of view, several participants questioned the current land prices there are two mechanisms that led to the complaints of the people.

"If compensation is much lower than the market price, so people do not agree. Meanwhile, the market price is higher than the actual value of the land a lot of state should not pay the price for the people ", delegates Than Duc Nam of (Da Nang) analysis.

By doing so, Mr. Nam said that should diversify forms, recovery mechanisms with public projects and transfer to commercial projects.

Khuc Thi Duyen (Pacific) said, there is the price difference land between regions too high, many time, just distance another ditch that land prices is  different each other so much.

"Many different prices will have comparisons and complaints of the people," Ms. Duyen said.

Strict handling of corruption in land

Deputy Tran Van Tan (Tien Giang) proposed to accomplish the policies and laws; synchronous modify the provisions of complaints and denunciations on land, strengthening State management of land and strictly handle violations and corruption on land to avoid the complaints of the people.

On the other hand, the "legal knowledge on the part of the people is low so need to strengthen advocacy for people to understand the law, voluntary allocation recovery, in case of coercive need to make safety enforcement," he Tan said.

Delegate Huynh Van Tiep (Tho) for text that is too much implementation of the land law and complaints and denunciations, not to mention the regulations be modified several times.

In addition, staff reimbursement rates apply pressure not in accordance with law, the same land, the planning, the project has many different prices to confuse the situation.

According to the participants, it is necessary to amend land law and other relevant laws. At the same time to recovery mechanisms implemented by the state to avoid the investor themselves deal with people.

Delegate Nguyen Thai Hoc (Phu Yen) proposed to review and evaluate the staff to handle land issues even both of professional and ethics.

Thereby, to handle violations in the settlement of land to create trust for the people, to ensure the rule of law, reduce complaints and denunciations.


Not show those who is responsible yet

Deputy Tran Thi Hoa Sinh (Lang Son) raised the issue of whether the report of the National Assembly Standing Committee on complaints and denunciations land is increasing but this report has not yet address the responsibilities of the ministries, branches and localities.

"The overlapping and inconsistent policy of land belongs to whom, any Ministries, any branches, the report also need to be clear," Ms. Sinh said.

By delegate Sinh, now has more than 320 documents related to the land, but why land policies have so many shortcomings. Is the level of drafting staff, advisory and policy implementation has limitations?

Ms. Sinh said: "There are cases just experienced staff plausible explanation is that people withdraw immediately but also the staff explained around making the case more complicated".

An - Dinh Quan


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