Chủ Nhật, 1 tháng 12, 2013

THE PARADOX still be existed and ongoing ... WHEN THE VIETNAM Communist Ruling continues sitting on law

                         THE TRUTH - JUSTICE - LOVE

Do Minh Tuyen

The paradox remains constant and ongoing ... particularly in the field of land ... a field exists most corrupt , caused stinging in Vietnam social  today. Large gains in the land sector and government at all levels always to sit on the law is the main reason led to many consequences and suffering for the people of Vietnam ... especially for components of farmers who's seen the land and farms as their lives . The benefits have been enormous due to corruption in the land sector for many years has obscured reason and moral conscience of the people who supposedly represent government , law enforcement in Vietnam ... lead to abuse of power , sought legal loopholes , even blatantly contravenes the provisions of the law ... together conspired illegally seized land assets of people to mutually devide each other ... by wrongfully administrative decisions and regulations downright strange , inappropriately ... that perhaps in the world ... only in Vietnam .

People suffering from loss of land, loss of homes , in many cases, family status separated , children uneducated , homeless , jobless ... even pushed into  imprisonment status as coercive land illegally to households Mr. Doan Van Vuon in Tien Lang district , Hai Phong city ... as illegally coerced land for hundreds, for thousands of petitioners in Van Giang Hung Yen ... in  Vu Ban, Nam Dinh ... in Duong Noi , Ha Noi ... and in many other districts and provinces throughout the country . Status seized and illegally occupied land in Vietnam for so long is still a topic that public opinion at home and abroad the most attention , the most profound ... and, more recently , public opinion is becoming hotter when the State of Vietnam in adoption the new Constitution 2013 which is said to have revised and perfected ... concentrated essence of wisdom of the people ... which includes land law ... but actually quite disappointed to people across the country.

The policies mechanisms and many rules of laws still to meet with difficulties, be inadequate,  exist many shortcomings , and even ambiguous no longer consistent with the people's wishes ... the needs and interests of the country including land law and Article 4 of the Constitution ( right to retain the unique leadership of the Communist Party of Vietnam for the country ) ... which was the cause for so much suffering consequences for the people and country ... because of the way it means that the leaders of the Vietnam Communist Party allowed themselves the right to continue to sit on the laws and Constitution of the State ... but ultimately the Vietnam National Assembly also passed it easily ... !!! because of the existence of the paradox above that injustice wrong case , relating to land as painful case of elder Nguyen Van Nam 94 -year-old in Tan Kien , Binh Chanh District , Ho Chi Ming today . He is a monk at home , and is person who had ever contributed to the revolution that to be treated badly like that ... then to ordinary people in Vietnam ...  they will be like in the eyes of the greedy communists insatiable , conscienceless ... and immoral ... ?


Pháp luật Việt Nam

Suddenly land acquisition

Bỗng dưng bị thu hồi đất

( PLO ) - Land used tens of years , was suddenly withdrawn . Homeowners at the age of foot in the grave, be grieved for the strange rules of government .
How is granted for the right purpose ?
Mr. Nguyen Van Nam ( 94 years old ) , living in village 4 , Tan Kien Commune , Binh Chanh District , HCMC , join the revolution from 1945, the area of ​​operation between Tan Kien , Binh Chanh District and Phuoc Ly Need Hau commune , Long An . That he wanted to eat vegetarian pray to Buddha, so in 1971 , Ms. Huynh ( His aunt ) gave him the fortune as a land area of about 5,000 m2 to make temple for worship ( hand paper that Ms Huynh gift was founded in 1974 ) .
He also considers himself In religious practice at home , and then gradually expanded , extended sound shaped like a pagoda , which's named is Phap Tinh to produce as casings for revolutionary activities .
After liberation , due to work demands in Giuoc District Agricultural Department so he asked his relatives is Mr. Hai Phien to look after land housing , incense - smoke , he shuttles back and forth .
Until 1984 when having the fit for declaration of land , but due to transport contact in difficulties should Mr. Hai Phien behalf of him stood out registration of declaration for him . In 1988 when he retired back to work , Mr. Hai Phien has delivered back entire home , land to him. In 1992,  continues to have the fit for the declaration of making land paper , he honestly to declare the land is belong to " Tinh Phap Pagoda " .
Binh Chanh District People's Committee after reviewing the documents and verifying his personal land , have made ​​their tax obligations to the State, he just lay under its own beliefs , not religious land , he had never donated land as the basis of religion, in the list of Ho Chi Minh City Buddhist Church published in 1993 also has no name " Phap Tinh Pagoda " .
So 7/ 1993, the government issued " red book " for him with over 600 m2 of residential land and 300 m2 of pond land . Also from here , Mr. Nam kept his mind for retirement . Until recently , when between him and the monk occurred on the property in dispute then suddenly the day 21/05/2012 , District People's Committee issued Decision No. 2484/QD-UBND revoked , canceled LUC 848/QSDD/1993 number issued to him for the reason " not in compliance
purposes , not the right audience " ! ?

Apply " sanctions backwards" ?

Too pressing before the matter , he reluctantly carrying single sued to reclaim DPC assets , with more evidence proving that this is the land where he had been since the first release , has been in constant use , stable , lasting from 1971 to present .
Raise the views of the case , lawyer Phan Hong Viet , Ho Chi Minh City Bar Association said that the government granted LURC for him is right subjects ; descendant of Ms. Huynh , Mr. Hai Phien when out into the government has certified the house , this land , no one in the family disputes , complaints at all .
So DPC recovery based on public grounds ? According to Viet lawyer , land law through periods that are not prescribed by the State recovers land in cases where the State " incorrect use " , so the DPC pretext to withdraw his land is not correct .
According to the 1987 Land Law , the State shall be entitled to recover the land in case of " ultra vires land " , the new 1993 Land Law further stipulates the use case " improper land use purposes assigned " , and it was not until the 2003 Land Law further stipulates new case "land assign is not right subject  " .
In his case has been certified on 7/ 1993, the DPC has confirmed that he is right for the LURC jurisdiction . But this applies to the 1993 Land Law (effective from 15/10/1993 ) and Land Law 2003 ( the effective date of 1/07/2004 ) to " sanctions " backwards , ie " retroactive " to recover the land with reasons as above ..
That's not to mention the LURC for him personally , to revocation of this " In his household " ( after his wife's death , in 2010 he and colleagues had inherited a notary procedures donation agreement divide the whole legacy of land use rights to a his child ) . From here also raises the issue of DPC responsibility in the " wrong end " How are you ... - Lawyer Viet in analysis .
Should think the competent authority should consider , careful review cases to adequately address reasonable for citizens who also have served . Because the recovery of assets is land without ensuring legal basis as well as the " retroactive " detrimental to citizens is not appropriate legislation , affecting the rights and interests of the legitimate use of property .

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