The Investigation Agency needs to step in
Regarding Decision No. 1768/QD-UBND dated September 26, 9 on land acquisition and Decision No. 2009/QD-UBND dated December 477, 23 on approval of compensation plan, Bac Ninh province has assigned to Sub-Department Dike and Flood and Storm Prevention Bac Ninh (now the Sub-Department of Irrigation) to implement the Project on renovating, upgrading and perfecting the left Duong dike section from Km 12+2009 to Km 22+360, Tien Du district, Law Lawyer Nguyen Hong Bach - Law Firm Hong Bach and Associates said that: Based on the information provided, if the content is true, here, the officials pay money to the households that have been withdrawn. The land under Decision No. 33 shows signs of committing the crime "Abuse of positions and powers while performing official duties“, according to the provisions of Article 281, Penal Code 1999, amended and supplemented in 2009. Because here, the decision approving the compensation plan contains the specific amount of support and compensation that people receive, according to In that case, the officials who pay the money must properly and fully perform the payment of money to the people, and must not do wrong or lack according to the decisions and tasks assigned by the State agencies. However, in reality, the officials who paid money to households did wrong in their official duties, making payments to people whose land was recovered less than the actual amount they received. People are not receiving enough according to the decision approving the compensation plan that has taken effect.
Therefore, if the verification process collects information, the authorities find there are criminal signs of "Sin profit use positions and powers while performing official duties” or another related crime, they will prosecute the case or prosecute the accused to investigate, prosecute, adjudicate and execute criminal judgments in accordance with the provisions of law..
3 Decisions causing more than 200 households to "lose the right" to use agricultural land: Decision No. 518/QD-UBND dated April 16, 4; Decision No. 2007/QD-UBND dated September 1768, 26 and Decision No. 9/QD-UBND dated December 2009, 2005, Bac Ninh province recovered land for Bac Ninh Department of Dike and Flood and Storm Control (nowadays). is the Sub-department of Irrigation, under the Department of Agriculture and Rural Development of Bac Ninh province) to implement the project of renovating, upgrading and perfecting the left Duong dike, Tien Du district.
Similarly, in Decision No. 518, people receive 150 VND/person, but have to pay it back to Ren village officials and receive only 20 VND, the rest of the money is kept by Ren village to serve public works. Lawyer Nguyen Hong Bach said: Currently, according to the law, there is no specific concept of what is a public utility project. However, in practice, it can be understood that public works are works that serve the common interests of the population community, a certain group of subjects, including electrical works such as transmission lines, transmission networks, etc. electricity distribution; water supply and drainage works... In order to confirm whether the cadres of Ren village withhold people's money to serve public works is right or wrong, in accordance with the law or not, in my opinion, the agencies Competent functions need to verify, collect relevant information, records and documents to clarify whether the Ren village cadres withhold money here is in the form of compulsion or mobilizing contributions in the spirit of free will. willing? After collecting money from households, is this money used for the right purpose? Is the remaining source of money (if any) reported to households?…
Therefore, through the information collection process, it is shown that if there is a village cadre that coerces, threatens or uses a form of forcing people to return money against their will to serve the public. local public works or after collecting money for improper use... then this is an illegal act with signs of property appropriation or a number of related crimes... the nature, extent of consequences, causes and conditions for committing the act of property appropriation (if any), then the village officials of Ren village will have to bear legal responsibility corresponding to their violations.
It is necessary to revoke 3 Decisions to ensure the interests of the people
Lawyer Nguyen Hong Bach commented: In principle, the decisions on land recovery have been legally effective, households, relevant agencies and organizations must strictly abide by the regulations on land acquisition. land acquisition, land use. The land use right no longer belongs to households, and after the decision on land recovery takes legal effect, the agency with land recovery function does not recover the land to hand it over to the investor for management. management and use will consider and handle relevant responsibilities in accordance with the provisions of the law, households do not voluntarily hand over land, the State will make a decision to force people to hand over land to Government. Currently, households are using land for agricultural cultivation which is wrong and not in accordance with the planning.
Lawyer Nguyen Thanh Thuy - City Bar Association. Hanoi believes that: Households always strictly abide by the guidelines, guidelines and policies of the Party and State, ready to create all the best conditions for the State to implement social and security policies, because community profit. However, the law is also inherently fair and equal to all subjects with equal legal status. If this is really true as reflected, could there be a hidden, ambiguous reason behind this land acquisition? Or is it because there is a confusion between land acquisition and land exploited for embankment? In fact, there is no land acquisition, households are still using it stably, long-term, without disputes.
Therefore, based on Clause 3, Article 3, Decree 64/CP stipulates: Land allocated to households and individuals under this Regulation is officially allocated and is granted a certificate of land use right for a stable and long term. . Because the land acquisition is mistaken or not real, but the fact that households are still using it stably for a long time, the state agencies, namely the People's Committee of Bac Ninh province and all levels have issued decisions on land acquisition. If any, it is necessary to issue a decision on recovery of the above-mentioned land acquisition decisions so that state agencies can continue to issue land use right certificates to households in accordance with the law.
In order to grant agricultural land use rights to more than 200 households in Ren village who are cultivating in their fields, the People's Committee of Bac Ninh province needs to issue a decision to revoke 03 land acquisition decisions No. April 518, 16, Decision No. 04/QD-UBND dated November 2007, 1768 and Decision No. 26/QD-UBND dated December 11, 2009 due to violations of land regulations to ensure rights and interests. legitimacy of the people.
In Document No. 1318 dated May 8, 5, the People's Committee of Bac Ninh province assigned the Provincial Inspector to assume the prime responsibility for, review and propose measures to definitively settle the prolonged application of citizens in Ren village, Canh Hung commune, district. Tien Du follows the principle of fully ensuring the legitimate rights and interests of citizens on the basis of law provisions.
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