Commune Chairman abused his power and assigned 3.57 hectares of public land to a resident.

The Government Inspectorate has just announced the conclusion of the inspection in Hoai Duc district, Hanoi. A notable content is the management and leasing of 3.57 hectares of land to invest in an agricultural education farm in Di Trach commune.

According to the inspection conclusion, the Chairman of the People's Committee of Di Trach commune arbitrarily organized the implementation of the educational farm project on the land overlapping the planning of Di Trach commune, creating conditions for Ms. Nguyen Thi Hoa Hop to use public land to build a farm without permission from the competent authority, without legal documents on the project, without documents for selecting investors, and without contributing revenue to the State Budget. This is an act that exceeds authority, is against public service, lacks transparency and shows signs of personal motives.

Specifically, in 2017, the People's Committee of Di Trach commune submitted a document to the People's Committee of Hoai Duc district to approve the investment plan for the Happy Farm agricultural education farm. After that, Hoai Duc district reported to the People's Committee of Hanoi City and the Department of Natural Resources and Environment of Hanoi to approve a number of temporary construction items using light, assembled materials such as iron, corrugated iron, wood, and bamboo.

At that time, Hoai Duc district issued a decision approving the investment plan for the farm area, assigning the Hoai Duc District Land Fund Management Center to select a socialized unit to implement the project, receive documents, and sign contracts with investors.

However, in fact, to legalize Ms. Nguyen Thi Hoa Hop's investment in the farm, construction on the land had been done before.

Real Estate - Hanoi: Commune Chairman abuses power, assigns 3.57 hectares of public land to a resident — Hoai Duc District People's Committee directed the signing of the contract without written approval from Hanoi City People's Committee.

The Government Inspectorate concluded that the People's Committee of Hoai Duc district approved the plan to lease 3.57 hectares of the agricultural education farm and directed the signing of a lease contract for Ms. Hop without the written approval of the Hanoi People's Committee on the lease, violating Article 59 of the 2013 Land Law.

The conclusion clearly stated that "In the land lease plan to invest in the farm area, the area used for business and service purposes is contrary to the direction of the Hanoi People's Committee on procedures, authority and content. The responsibility belongs to the People's Committee of Hoai Duc district, directly the Vice Chairman of the District People's Committee who signed the decision approving the land lease plan and the document directing the land lease".

In addition, although there was an inter-sectoral report, the Department of Natural Resources and Environment did not report or propose to the Hanoi People's Committee, while the leasing of 3.57 hectares must be approved by the city. Regarding this matter, the Director of the Hanoi Department of Natural Resources and Environment is responsible for not properly performing the assigned duties and tasks.

"The People's Committee of Hoai Duc district and the People's Committee of Di Trach commune allowed Ms. Hop's family to build a project on the land without permission from the competent authority, which is irresponsible in land management and construction order," the inspection conclusion affirmed.

Request for demolition of construction and handover of site

During the inspection, the People's Committee of Hoai Duc district proactively remedied the consequences, recovered the land rent from November 2017 to December 2019 of more than 834 million VND and canceled the decision to approve the management and exploitation plan of the land for agricultural education and playground.

To date, Hoai Duc district has collected more than 195 million VND, corresponding to the land rental price and the actual land area that Ms. Hop used before being assigned the premises according to the land lease contract.

According to the inspection conclusion, Ms. Hop organized horse breeding and training, and provided services with direct interaction between livestock and the subjects, mainly children, who are vulnerable and susceptible to pathogens.

However, the assessment of requirements for veterinary safety, epidemiology, and environmental impact assessment was not carried out when leasing land to Ms. Hop to invest in the farm.

The Government Inspectorate requested the Hanoi People's Committee to request Hoai Duc district to review relevant units and individuals for violations in land management and construction at the above-mentioned 3.57-hectare land plot. Review and strictly handle the administrative action against the Chairman of the Di Trach Commune People's Committee during this period according to the law.

At the same time, report to Hoai Duc District Party Committee for consideration and disciplinary action against the Chairman of Di Trach Commune People's Committee for abusing his power, allowing Ms. Hop's family to exploit and use public land to establish a farm in violation of regulations.

“Hoai Duc District must liquidate and terminate the contract signed with Ms. Hop regarding the lease of the above land in Di Trach commune and request the demolition of illegal constructions and handover of the site,” the inspection conclusion stated .

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