Handling violations of irrigation works - Part 1: Easy to arise, difficult to handle

Hai Duong Electronic Newspaper started publishing a series of articles reflecting on this content.

Not being decisive in handling it when it first arisesviolate

The chicken farm of Mr. Vu Xuan Hao's family, residing in Thuong Bi village, Yet Kieu commune, is located in the middle of the alluvial land on the left bank of Dinh Dao canal in Doi Hong village, Le Loi commune (in the same district of Gia Loc). This project is located entirely within the protection area of ​​Dinh Dao canal, more than 1,000 m2 wide, with brick foundation walls, steel columns, and plastic cladding all around, and a roof made of steel frame and corrugated iron.

From the time Mr. Hao first started leveling and constructing the project (November 2023) until March 26, 2024, the Song Sat Project Management Station (Bac Hung Hai Irrigation Project Exploitation One Member Co., Ltd.) twice made a record of the violation and sent an official dispatch requesting the Gia Loc District People's Committee to direct the Le Loi Commune government and the district's specialized agencies to resolutely handle and clear the site. However, Mr. Hao continued to complete the project and put it into use.

Mr. Doan Duy Viet, Party Secretary and Chairman of the People's Committee of Le Loi Commune, said: "Mr. Hao's household subcontracted the above public land area through a resident in the same village of Doi Hong. At first, we thought Mr. Hao would only build a duck hut, but we didn't expect him to build such a big one. The commune is waiting for the district's guidance to have a plan to handle this case with a resolute view of clearing it."

Violations in the Bac Hung Hai system have decreased significantly in recent years. In 2023, there were 96 violations in Hai Duong province, a decrease of 83 cases compared to 2022. However, new violations still arise in many different forms.

With the mentality that if others can do it, I can do it too, some households know they are wrong but still do it, deliberately encroaching, filling in or building to make things happen. From December 20, 2023 to March 20, 2024 alone, 24 violations have occurred in this system, the most in Ninh Giang (9 cases), Gia Loc (5 cases), Tu Ky, Thanh Mien each with 3 cases... Violations are mainly building permanent houses, temporary houses, tents, leveling, encroaching, building surrounding walls, digging ponds, and setting up gardens.

Like an oil spill

Compared to the Bac Hung Hai system, new violations arising in the internal irrigation system are fewer, but old violations, especially those before the Law on Irrigation (July 1, 2018), are numerous and difficult to handle and resolve.

By the end of 2023, Thanh Mien district still had 530 violations of irrigation works (151 violations occurred after July 1, 2018). Of which, 419 violations were managed by the district's Irrigation Works Exploitation Enterprise and 111 violations were managed by Bac Hung Hai Irrigation Works Exploitation One Member Co., Ltd.

According to the People's Committee of Thanh Mien district, many violations exist because detection is not timely. In some localities, officials still cover up and avoid, do not have effective preventive measures, and handle violations in a formal manner.

The results of the inspection and review in the first quarter of 2024 of Hai Duong Province Irrigation Works Exploitation One Member Co., Ltd. showed that the whole province had 111 cases of internal irrigation violations that had to be cleared this time. Of which, Kinh Mon had the most cases in the province with 65 cases. These violations were concentrated in the irrigation canals KC1 Deo Nga pumping station and the end of Phung Khac drainage canal in Quang Thanh commune, KT9 canal Dong Quan Ben pumping station in Thang Long commune, KT 13 canal in Phu Thu ward...

According to Kinh Mon Irrigation Works Exploitation Enterprise, the most pressing issue is that more than 50 cases along Provincial Road 389B, passing through Quang Thanh Commune, encroach on KC1 Deo Nga Canal and Phung Khac Drainage Canal. Many concrete bridges, corrugated iron houses, and shops cover the entire canal surface. Kinh Mon Town has identified the clearance of violations on this canal as a key issue, but so far only 4 households have been able to completely clear the area, and 9 households are currently doing so.

The main canal of Dong Quan Ben Pumping Station, through Trung Hoa village (Thang Long commune), is a typical example of encroachment. More than 20 years ago, when the canal was solidified, it was 5-6 m wide, but now some sections are only 1.2 m wide. Dozens of temporary bridges made of woven panels have been gradually solidified with concrete to create access to the houses of neighboring households. Most of the surplus area from the previous canal has also been encroached upon as garden land and residential land. There are places where people's constructions are only 0.5 m away from the canal, while the minimum distance is 2 m.

Mr. Nguyen Van Chien, Director of Kinh Mon Irrigation Works Exploitation Enterprise, said that encroachment violations occur gradually. Due to the lack of awareness among the people and the lack of responsibility of the local authorities, many violations become a habit, with the mindset that if you keep going, the road will become a road. The handling of violations is also not thorough, mainly just propaganda and mobilizing people to dismantle illegal works themselves.

In some other localities in the province, there were violations that were recorded, but then the violators transferred the land and violating constructions to new owners. Local authorities did not re-examine the violation status but still determined that the conditions for transferring land use rights were met. "When reviewing and requesting clearance, there were many difficulties because the new owners did not accept the violations," said Mr. Dao Chi Kien, Deputy General Director of Hai Duong Province Irrigation Construction Exploitation One Member Co., Ltd.

Lesson 2: Initial experience in Ninh Giang, Cam Giang