THE TRUTH - JUSTICE - LOVE
Dominhtuyen
Intense debate and quite dramatically that took place between Petitioners of Van Giang and Science Prof. Dr. Dang Hung Vo, former Deputy Minister of Natural Resources and Environment ended with a happy ending to tingle our fellow Petitioners Van Giang district, Hung Yen province in particular and to the people of Vietnam the country in general, when the Deputy Minister Dang Hung Vo admitted that Vietnam's communist government not only issuing and signing inconsistent with the authority that is also against the law to approve the acquisition of land and land to make Ecopark project by Prime Minister Nguyen Tan Dung signed since 2004. Finally, justice has won through applause and applause greeting of Van Giang people after each word clearly confirm and make sure of Deputy Minister of Natural Resources and Environment Dang Hung Vo.
Excitement and joy visible on each face of the Van Giang petitioners , because maybe this is the first time in the life of petitioners Van Giang people in particular and the country in general witnessed sincere recognition errors from the mouth of a senior leader of the communist government of Vietnam. Although acknowledging his wrongdoing Deputy Minister Dang Hung Vo is quite late, but at least this is the moral conscience remains in the person of a government official, and in its belated recognition, it also solved that grievances and so many hard, bitter and suffering that the people of Van Giang, Hung Yen Province suffered in the past several years. Moreover, the recognition of wrong this time of Deputy Minister Dang Hung Vo is also heading up some hope and confidence that, in the vast majority of the leaders of government corruption, degeneration and immorality still remaining of a little of people also having conscience as Deputy Minister Dang Hung Vo of the Ministry of Natural Resources and Environment today.
Errors belong to the government. Everything was clear, and the remaining thing that petitioners Van Giang continue to expect that is the corrected goodwill from the Communist Party and the Communist government of Vietnam, as well as the local authorities quickly immediately return the legitimate rights and interests back to the petitioners Van Giang. The leaders of governments at all levels can not continue to ignore public opinion and again trample the truth. Not only quickly restore the legitimate rights for the people of Van Giang, Vietnam Communist Party and government must also consider and resolve other remaining hundreds and thousands of cases of land claims unfairly, as well as to review , amend, supplement and cancellation terms, the legal documents related to problems in land areas, there exists much more unreasonable, insufficient or no longer appropriate to direction of the current social development in Vietnam. The continued existence of the state of the petitioners focus down the class action as at present, or will be resolved smoothly and finish the current depends on the goodwill of the leaders of the Party and State Vietnam's communist government.
News
The government has deliberately made wrongdoing of the land law?
Nguyen Quang AGs. Prof. Dang Hung Vo, former Deputy Minister of Natural Resources and Environment (NRE), was brave to speak out about the illegal land acquisition of Hai Phong authorities for family Doan Van Vuon. He was rated as the number one expert land of Vietnam and his voiced was appreciated by press.
Van Giang farmers involved Ecopark project has continued to claim for 8 years. And the forcible land acquisition in Van Giang dated 25-4-2012 with powerful armed forces has caused a stir public opinion in the country.
BBC interview leading experts on land, Gs. Prof. Dang Hung Vo. With the question of the BBC "land recovery decision of the Van Giang true government law?" He replied, "I think this is the right decision."
He argued that the inadequacies of the Ecopark project "mainly on the legal framework that does not belong to law enforcement." In other words, the implementation of the law is correct (competence, procedures) but due to incomplete law arose trouble.
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Then farmers Van Giang said: On 28/06/2004, Hung Yen People's Committee signed documents submitted to the Ministry of Natural Resources and Environment; 29-6-2004 Deputy Minister of Natural Resources and Environment Dang Hung Vo signed report 99/TTr-BTNMT sent to the Prime Minister on the allocation of land for construction of intercity route Hanoi-Hung Yen and commercial building urban-Van Giang Tourism; on the basis that the Deputy Prime Minister Nguyen Tan Dung signed Decision No. 742/QD-TTg dated 30-6-2004 on land acquisition and allocation of land for the project (exchange of land for infrastructure) is true (less than) a day before the Land Law 1993 (as amended and supplemented 1998 and 2001) expires and the 2003 Land Law (adopted on 26-11-2003) came into force on 1-7-2004. Act 1993 also allows the "land-for-infrastructure", the 2003 law was not. Farmers Van Giang pressing with Gs spokesman. Vo.
Van Giang farmers asked the lawyer for his advice and had a very civilized dialogue and a constructive with the Ministry of Natural Resources and Environment at the Ministry's headquarters on 21-8-2012. The farmers said the decision to withdraw and allocation is unlawful, Ministry said not wrong and give people the copies of the report of the then signed by the Deputy Minister Dang Hung Vo.
People, through their attorney, sent their comments to Gs. Vo and requested a dialogue with him.
'Nothing wrong'
On 7-11-2012 Gs. Vo interviewed reported that he would like to ask of MONRE for dialogue with farmers Van Giang 2 pm on 8-11-2012.
In this interview he stressed: "In broad daylight that said, the procedures for land acquisition of this project, I repeat, there is nothing wrong with the law"; "The signing of the second report at the time is right and good for the local university, good for the economic development of Hanoi and Hung Yen, so that means that people will benefit "; he wanted to" help people understand land law " ; make "people understand the legitimacy of the project and I believe that no one can argue about that." He also invited journalists to attend and report.
Press cards from a dozen years ago but this year is not granted, should I just tell the truth to the observation to learn.
Hundreds of farmers Van Giang gathered outside the NRE. Only one of their representatives, lawyers, journalists (including consecutive 3-4 record TV station), about 50-60 people in dialogue. The conversation lasted nearly three hours straight, no breaks. The content revolves around three questions that Van Giang farmers were sent to Professor Vo :
Professor Dang Hung Vo said the decision to withdraw
land in Van Giang is "legal"
1) withdrawal decision land and land No. 742/QD-Ttg by the Deputy Prime Minister Nguyen Tan Dung signed on 30-6-2004 based on Report No. 99/Ttr-BTNMT by Gs. Vo signed with competence?
2) Decision allocation for investors (which she is not properly planned and investors not eligible for allocation under the law at that time) in accordance with law or not?
3) Decision allocation right not to specify the name of the land use (which people think is actually authorized subordinates [Hung Yen UBDN] is inconsistent with Article 25 of the 1993 Land Law ]?
Just at least one answer to the third question is not [true] that is Decision 742/QD-Ttg by Deputy Prime Minister Nguyen Tan Dung signed is illegal and in that case all decisions of the lower-level agencies based on the decision that's against the law and people ask Professor Vo official correction of his statement to the BBC (on 28-4-2012) and journalists (Day 7 -11-2012).
'Deliberately violation'
Discussions were very lively, sometimes quite dramatic.
Gs. Vo at first kept his opinion to have told the BBC and the reporter on 7-11-2012.
Representatives of Van Giang farmers (and their lawyers) were exposed to all this evidence to other evidence of the Land Law (1993, as amended and supplemented in 1998 and 2001), argue quite harsh on poor understanding of the law of the person signing the report. Professor Vo has really been overwhelming reason the representative of Van Giang people. But after more than 2 hours he still do not get the wrong exchange sign the report.
I have a feeling that Van Giang farmers understand more sophisticated land law than professor and they helped him "understand the law of land" and not vice versa. Every time he justify or explain quite round, lawyer or farmers make rational, evidence by the terms of the laws, decrees, even from his own ministries to refute .
Jurisdiction to sign the land acquisition and land allocation decisions relative argument: the 1993 land law was delivered to the Prime Minister for decision; but then by the concentration of power in an easy to cause the abuse or lack of decision to the National Assembly (during repair 1998 and 2001) have moved right to the government, not the prime minister.
But in Report No. 99/Ttr-BTNMT Gs. Martial wrote "Dear Prime Minister" and not the Government and made deputy prime minister signed Decision 742/QD-Ttg (not a government resolution and on the basis of which the Prime Minister on behalf of Government Decision). Gs. Dang Hung Vo said, the government has authorized the Prime Minister. Access, authorization decision? He replied that I had heard, and he said all the same project so far are doing, not just this project.
I'm scared to say view: Please Gs. Martial careful because if this is the Professor said that the Government has authorized the Prime Minister to decide on land acquisition and land allocation for such projects, is no different from said "The government has deliberately left Act as previously decided by the mind alone Prime Minister is not so good that Congress give up and forced the government to decide.
Now if the government authorized the Prime Minister, is not (all the members of the Government) has intentionally violated the law? "
'Sorry and amnesty'
Results of the post is having a happy ending, finally Professor Vo were farmers and their lawyers convinced and acknowledged and answer distinctly fell to the questions: 1) ultra vires and he even said is against the law; question 2) he admitted he was wrong for using the word "land" [which should have been from the "land acquisition"] in Report No. 99 [of which 7 times mentioned " land "(4 times of the Ministry of Natural Resources and Environment), 2 times of Hung Yen, 1 of the Ministry of Finance], in other words the answer to the second question is no; 3rd question) land recovery decisions Bearer had recovered the land (defined by law at the time and current) as well as the bearer of land law is also wrong.
Each time Professor Vo answered "no" to the questions above, the people attended was applauded warmly welcomed. They was amnesty for Gs Vo.
Very dear to boldness of Gs Vo as he understood he was wrong and admit the error. Wrong is about people, who are also infected. The problem is that dare get it wrong to find out how to fix those mistakes, rather than as people allegedly being "hostile forces" incitement.
Some farmers have returned to the land of coercion
are abandoned to plant rice
Dialogue in the spirit of the building to find out the truth as happened at the Ministry of Natural Resources and Environment last time and this time very welcome. And this is the only way to thoroughly solve the current problems that benefit farmers, for investors and for the state, drawing lessons for the current revision of the Land Law good more.
Other state officials and other state agencies can take it as an example.
If only having the similar dialogue between farmers Van Giang with former Deputy Prime Minister Nguyen Tan Dung and if only he is also courage to accept wrong, and in the case that Prime Minister Nguyen Tan Dung will decision to cancel the decision of the former Deputy Prime Minister Nguyen Tan Dung, Prime Minister's reputation will surely rise.
If only at which state officials and state agencies down to 50% (or more) of their violation of their own laws (state), then the development of the country has so much good .
Posts by Dr Nguyen Quang A, former Director of the Institute of Development Studies IDS and was posted on a social networking site. BBC to thank the authors have agreed to the BBC post again. The little title by the BBC put
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