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Land within the scope of irrigation works granted "red books" is a difficult problem for management agencies in monitoring and handling.
Not only building houses, Mr. Vu Xuan Dan (Tan Huong commune, Ninh Giang) also dumped soil and broken bricks to encroach on Cuu An canal.
Although within the protection scope of irrigation works, many areas of unoccupied land have been granted land use right certificates (also known as "red books"), causing irrigation violations to increase in severity and become difficult to handle.
At the end of 2021, Mr. Bui Xuan Thuong's household in An Nghiep village, Tu Cuong commune (Thanh Mien) arbitrarily built a steel frame house with an area of nearly 160 m2 within the protection area of the Cuu An canal corridor. After discovering the violation, the Neo-My Dong Construction Management Station requested Mr. Thuong to stop construction, dismantle the construction himself and restore the original state. Although the management unit has repeatedly coordinated with the local authorities to work and sent documents to handle the violation, Mr. Thuong still continued to construct the project. It is worth mentioning that the area of the irrigation corridor land where Mr. Thuong built the illegal construction has been granted a "red book" for non-agricultural use.
On the left bank of Cuu An canal in village 1, Tan Huong commune (Ninh Giang), Mr. Vu Xuan Dan built a 63 m2 house on the open space. The area where Mr. Dan built his house was also granted a "red book". Mr. Dan also dumped soil and broken bricks to encroach on the canal bed. The violation was discovered in time, but handling it was very difficult because the violator claimed that the land had a "red book" so he had the right to use it as he wished.
Land within the scope of irrigation works with "red books" is a difficult problem for management agencies in monitoring and handling. Violations arising in this area are often solid structures such as factories, houses, etc., so it is difficult to dismantle and clear. The existence of land within irrigation corridors with "red books" is due to two main reasons. Previously, some canals in the province were natural rivers, people living on both sides of the river were granted land use rights to stabilize their lives. The rest is land allocation and land allocation not in accordance with regulations.
Mr. Bui Xuan Thuong in An Nghiep village, Tu Cuong commune (Thanh Mien) built a steel frame house within the protection area of an irrigation project.
Irrigation corridors are regulated to protect the works, so activities within this area must ensure that they do not hinder the operation and safety of the works. Therefore, the previous Ordinance on Exploitation and Protection of Irrigation Works and now the Irrigation Law clearly stipulate the land within the protection area of this irrigation work. Local authorities are allowed to allow people to contract for agricultural production and annual crop planting. To plant perennial crops, a license must be applied for by the competent authorities for consideration and approval only when the conditions for safety of the works are ensured. Therefore, the issuance of "red books" to individuals and organizations within the irrigation corridor in violation of regulations not only inadvertently facilitates violations but also leads to many consequences later on.
According to Mr. Nguyen Gia Thanh, Deputy Director of Bac Hung Hai Irrigation Works Exploitation Company Limited, there are currently many violations related to the land in the irrigation corridor that is granted a "red book" in the system. For cases left by history, the unit creates conditions for people to repair the works, requiring them not to expand or expand the land that affects the flow. As for new violations on the land in the irrigation corridor that is granted a "red book" when the legal documents on irrigation come into effect, the company will resolutely handle them according to regulations. However, the coordination in handling still has many problems, so the efficiency is not high.
Tan Huong Commune (Ninh Giang) has about 300 households granted "red books" for land areas within the Cuu An Canal protection corridor. The "red books" of the people were granted a long time ago, so the application of current regulations to handle violations of irrigation in this area is very inappropriate. According to Mr. Dao Ngoc Tu, Chairman of the Commune People's Committee, the locality has received many notices of handling violations from the irrigation works management unit. However, from the actual situation, it is very difficult to have a solid basis to specifically determine and thoroughly handle violations. People build on the land area left by their ancestors and are granted the right to use, so if the solution is not thorough, it will easily lead to extreme problems. Therefore, all levels and sectors need to have unity in handling violations of irrigation corridors that have been granted "red books".
HOANG LINH
