Land use violations in Luong Dien commune (Cam Giang) still exist for more than 10 years

Hai Duong Newspaper received a complaint from Mr. Hoang Ba Cay, Director of My Viet Company Limited, headquartered at No. 67, Lane 9, Chien Thang Street, La Khe Ward, Ha Dong District (Hanoi).

According to the petition, for about 5 years now, Mr. Pham Van Minh, a permanent resident of Vinh Hung Commune (Binh Giang), has borrowed the road leading to Mr. Cay’s production land in the planned area for small-scale industrial and carpentry production in Dong Giao Ben Village (Luong Dien Commune) to use as a storage area for tree stumps. According to Mr. Cay’s petition, he has repeatedly demanded the land back but has failed, causing “hundreds of billions of dong in damage.”

When investigating the field, Hai Duong Newspaper reporters found that the land mentioned in the petition was only the entrance to Mr. Cay's land, about 4-5 meters wide and about 25 meters long. The path is currently not clear because there are still 2-3 graves that have not been relocated, and it is located right next to Mr. Minh's raw wood storage yard, so Mr. Minh is temporarily leaving some tree stumps as raw materials for wood production.

Mr. Minh said that Mr. Cay had agreed to the fact that some of the tree stumps had spilled over to the above mentioned access road and he was ready to clean it up when the road was clear. The original state of his land and Mr. Cay's land had over 10 unclaimed graves. The two sides agreed to jointly invest in relocating them, but to date there are still graves that have not been relocated and Mr. Minh said that he was investing about 70 million VND more than Mr. Cay in moving the graves.

Hai Duong Newspaper reporters worked with the People's Committee of Luong Dien Commune, inspected the status of the disputed land and met with Mr. Hoang Ba Cay. The reality shows that Mr. Cay's business was not affected, "losing hundreds of billions of dong" as his petition stated.

Mr. Nguyen Van Bang, Chairman of the People's Committee of Luong Dien Commune, informed that the land of about 1 hectare was leased to Mr. Cay's family for production and business since 2012, but so far only a small factory has been built with little activity. In 2020, the People's Committee of Hai Duong province approved the planning policy and the district approved the detailed 1/500 planning to convert the purpose of the above land into residential land. Since then, the project has not implemented any further stages.

According to the leader of Cam Giang District People's Committee, the project to convert to residential land of Mr. Hoang Ba Cay's household is among 22 small-scale residential land development projects that are behind schedule in the area. The district is focusing on reviewing to report to the Provincial People's Committee for appropriate handling in accordance with the law.

Mr. Cay's petition also complained about the delay in implementing the conclusion of the Inspectorate of Cam Giang District more than 10 years ago regarding the case of encroachment and use of public land by Mr. Vu Van Khoa. Mr. Khoa's violation also narrowed the entrance to Mr. Cay's production and business land.

According to the conclusion of the Inspectorate of Cam Giang district on May 22, 2014, Mr. Khoa arbitrarily encroached on the land of the National Highway 38 traffic corridor, canal land, and land 03 for housing and business purposes. The contract for allocating public land managed by the People's Committee of the commune dated October 15, 1995 between Mr. Khoa's household and the People's Committee of Luong Dien commune is contrary to the Land Law of 1993 (the contract and receipt were signed and stamped in the archive, without the content of handing over to a professional officer to perform the task and were lost. The handwriting in the contract was that of Mr. Duong Quang Huy, a party member of the Boi Tuong village party cell, who was not working in the commune at the time).

The District Inspectorate requested the People's Committee of Luong Dien Commune to carry out procedures in accordance with the law to reclaim land plot No. 128 with an area of ​​240 m2 in Dong Giao Ben village that Mr. Vu Van Khoa's household is illegally using. At the same time, it requested the People's Committee of Luong Dien Commune to strictly handle Mr. Vu The Hao, former Chairman of the People's Committee of the Commune, for his lack of responsibility in managing and using documents related to land use, causing loss of documents; and handle Mr. Duong Quang Huy, a Party member of Boi Tuong Village Party Cell, former cadastral officer of Luong Dien Commune from 2000 to 2004, for using a signed, unsigned, unwritten land allocation contract to write in the unwritten part of the contract with the content of allocating land to Mr. Khoa in violation of the law...

After that, the Chairman of the People's Committee of Luong Dien commune for the period 2015-2020 was disciplined and dismissed in 2018. However, from then until July 2024, the above inspection conclusion has not been seriously implemented. Mr. Vu Van Khoa's household is still using the illegally occupied land above.

Speaking to reporters, the leader of the People's Committee of Luong Dien commune said that he had made a report to the District People's Committee for thorough handling. In the documents reporting to the Standing Committee of the District Party Committee, the leaders of the District People's Committee and the Inspectorate of Cam Giang district by the People's Committee of Luong Dien commune, the People's Committee of this commune stated that the contents (the request of Mr. Hoang Ba Cay, the violations of Mr. Vu Van Khoa) were not under the authority of the People's Committee at the commune level and requested the district to resolve the issue.

I think that a violation case has been clear and concluded for more than 10 years now, the violating officials have been handled, but the violating households are still blatantly occupying land in violation of the law, which is unacceptable. The violation occurred in the commune, stemming from the fault of some commune officials, so the commune government saying that it is not under the authority of the commune-level People's Committee is irresponsible.