Slow to dismantle illegal bridge, 8 households in Hung Long commune (Ninh Giang) argue with authorities

Incorrect basis

Dai Phu Giang canal, T6 canal of Hiep Le pumping station in Ninh Giang district is an irrigation and drainage canal serving production running through the communes of Dong Tam, Hong Du, Hong Phong, Kien Quoc, Hong Phuc, Hung Long... On this canal, 152 households have arbitrarily built 156 bridges and 24 houses, tents, etc., blocking the flow, causing environmental pollution, and posing potential traffic safety risks. 147 bridges were dismantled and cleared by households in coordination with local authorities. However, 9 bridges of 8 households in Hung Long commune have not been cleared and dismantled.

Previously, Hung Long commune had 28 illegal bridges and 2 illegal constructions.

Ninh Giang District has repeatedly organized dialogues and worked with households in Hung Long Commune to resolve the issue. Most recently, on the morning of May 24, leaders of Ninh Giang District People's Committee and leaders of relevant agencies of the district continued to dialogue with households with violating bridges, but the people still did not agree.

The core content that the households have not complied with in dismantling the illegal bridge is because they believe that in 2004, when the people won the auction for the right to use the current land plots, there was no planning for roads to the north of the plots. Therefore, their arbitrarily building a bridge across Dai Phu Giang canal to go to Provincial Road 396 was a legitimate act, not a violation.

To defend their point of view, the households relied on a blueprint with the stamp and signature of the commune land officer. This blueprint did not show the road, so the residents claimed that when auctioning the land use rights, the road was not planned.

However, according to the Ninh Giang District People's Committee, through checking and reviewing the archived records at the People's Committee of Hung Long Commune (formerly Hung Thai Commune) and at the District People's Committee, it was found that there was only one single site plan at the above location, confirmed by the Commune People's Committee and relevant district-level agencies. This plan showed a 3m wide road plan to the north of the plots. The design that people relied on was the Land Plot Diagram prepared by the Commune People's Committee based on the site plan confirmed by the Commune People's Committee and relevant district-level agencies. The addition of this diagram was necessary; it fully showed information on the side dimensions and actual area of ​​the plots auctioned in the field to serve the auction of land use rights (this copy is attached to the auction documents) for the winning households to sign and receive the plots and serve as a basis for issuing land use right certificates later.

According to the local government, before organizing the auction, the auction participants checked the actual status of the auctioned land. If there was no road, the land could not be auctioned. The winning bidder agreed with the current status of the land before submitting the application to participate in the auction.

It can be seen that the basis for auctioning the land and planning the land's roads is the copy certified by the People's Committee of the commune and relevant district-level agencies, not the copy with only a hanging seal and signature of the commune's land officer.

Must comply with the law

At the dialogue session on the morning of May 24, the lawyers and residents presented some images taken from YouTube social network recording the residential area in 2019 showing that there was no road north of the residents' houses to reinforce their arguments.

However, according to local leaders and reporters' findings, in the past, illegal construction of bridges across Dai Phu Giang canal was quite common because local authorities were not determined to handle violations. Therefore, when people bought land and built bridges for travel, the road behind was often not invested in upgrading or renovating for use, and was encroached upon. This is also a common situation in some localities along Dai Phu Giang canal. Most recently, in Kien Quoc and Hong Phong communes, when clearing and dismantling bridges, people focused on clearing constructions that encroached on the planned road, investing in expanding and upgrading the planned road north of their house to serve the people.

On the other hand, according to the People's Committee of Ninh Giang district, after the issuance of land use right certificates to households in 2006, by November 2007, the commune had conducted the work of measuring and mapping residential land. The cadastral map also showed the northern side of the Dai Phu Giang dike auction area (at this time, there were 3 households using the land, including Mr. Nguyen Manh Hang, Pham Dinh Anh and Bui Dinh Khang) adjacent to the dirt road to serve both people's travel and production. In 2021, the People's Committee of the commune also allocated funds to upgrade and renovate the northern concrete road adjacent to the residential land of households.

The nature of the incident in Hung Long commune is that households used land not according to the planning when organizing the auction of land use rights. Although there is still a road to the north of the households' land plots, the households did not use it but arbitrarily built a bridge across Dai Phu Giang canal connecting to Provincial Road 396 for travel and business.

At the dialogue meetings, lawyers and households also raised many other opinions to defend their views. Households said that the auction procedures were not in accordance with regulations; requested inspection and examination of the land use rights auction process; requested inspection and examination of land management, land use purpose conversion and compliance with land laws by the People's Committee of Ninh Giang district, People's Committee of Hung Long commune... The contents of the lawyers' and households' opinions were all answered specifically and clearly by the People's Committee of Ninh Giang district. Those were not the core issues that affected the nature of the matter.

It is understandable that people want to keep the bridges so as not to affect the value of real estate, life, production and business... However, while the majority of similar cases in other localities and in Hung Long commune have completed the dismantling of illegal bridges, the 8 households need to agree to stabilize their lives soon. Unreasonable proposals need to stop.