In trouble with the law for encroachment and illegal construction on public land

Willful non-compliance

Nguyen Huu Quan, 49 years old, lives in Thach Loi village, Thach Loi commune, Cam Giang district (Hai Duong).

In August 2021, Quan received a transfer of 200 m from a person in the same village.²Residential land, close to the aquaculture pond area and pond bank land under the management of Thach Loi Commune People's Committee.

In November 2023, during the construction of the factory foundation, Quan dumped soil into the pond area managed by the commune and was discovered by the People's Committee of Thach Loi commune, which issued a decision to impose an administrative fine of 4 million VND; forced to restore the status and return the encroached land.

However, from the time the decision to impose administrative sanctions was issued (January 17, 2024) until early March 2024, Quan resolutely refused to implement the above decision even though the People's Committee of Thach Loi commune had repeatedly announced, propagated, and mobilized.

After much persuasion, on March 11, Quan finally removed the illegally filled soil from the pond area managed by the commune but still refused to pay the fine.

Not stopping there, from January to June 2024, Quan hired many people to illegally build a 281m2 factory.².

The army erected concrete pillars, built 20cm thick brick walls 4.1m high, covered with heat-resistant corrugated iron roofs, and paved the workshop floor with concrete on land managed by the People's Committee of Thach Loi commune.

On June 18, 2024, when Quan was completing the project, the working group of Thach Loi commune came to make a record.

The working group determined that Quan had built a solid structure encroaching on an area managed by the commune, which was 281 square meters.², of which the roofed part is 117 m².

For this violation, Quan was recorded as an administrative violation by the People's Committee of Thach Loi commune on June 20, 2024 and fined 4 million VND, forced to dismantle and move the illegal construction work out of the violated land area and return the encroached land.

The People's Committee of Thach Loi commune has issued a decision to impose an administrative penalty, but Quan continues to not comply, forcing the commune to transfer the entire file to the Investigation Police Agency of Cam Giang District Police to resolve according to its authority.

Late regret

After the Investigation Police Agency of Cam Giang District Police started the investigation, Quan confessed honestly and was determined to be a first-time offender, in a less serious case.

To maintain the strictness of the law and prevent similar violations, on November 26, 2024, the Military Court of Cam Giang District brought the case to a mobile trial at the People's Committee of Cam Hoang Commune.

Quan's family is considered well-off in the locality. Quan himself is active in a number of local movements and was awarded a certificate of merit by the Thach Loi Commune Farmers' Association for his achievements in production and business.

Because of lack of legal knowledge, procrastination with the commune's penalty decisions, and not listening to propaganda and advocacy, he got into trouble with the law. Quan violated regulations on land use.

The trial attracted a large crowd of people to watch. Many felt sorry for the subject because he was a hard-working person, with a happy family and good economic conditions, but was imprisoned for disregarding the law.

During the trial, in response to the presiding judge's questions, Nguyen Huu Quan repeatedly said, "I am at fault. I am at fault," but Quan's remorse was too late.

Considering the nature, violation and repentance of the defendant, Cam Giang District People's Court sentenced Nguyen Huu Quan to 7 months in prison.