Historical factors and inappropriate policies
According to Nguyen Bich Thuy, Deputy Head of the Legal Department of the Hanoi People's Council, citizen reception is a complicated activity, while the capacity, qualifications and skills of a number of officials receiving citizens have not yet met practical requirements. In addition, historical factors or policies and laws that are not commensurate with actual conditions, especially in the fields of housing, land, compensation, site clearance, etc., still have many shortcomings, making it difficult and confusing to explain and respond to citizens. Along with that, the awareness of some people about complaints and denunciations is still limited, and there is even a phenomenon of attracting complaints and denunciations beyond the level, causing difficulties for state management agencies.
According to the assessment of the City People's Council's Supervisory Delegation, the work of advising, classifying, and handling petitions by officials working in citizen reception in the districts of Ba Dinh, Thanh Xuan, Hoai Duc, Dong Anh, Phu Xuyen... is still inaccurate and of low quality. The settlement of cases in the districts of Hoan Kiem, Dong Da, Hoang Mai, Ha Dong, Bac Tu Liem, Nam Tu Liem, Tay Ho, Dan Phuong, Chuong My, Hoai Duc, Gia Lam, Phu Xuyen, Me Linh, Phuc Tho, Ba Vi, Thanh Oai, Thuong Tin, Ung Hoa, Quoc Oai is still slow.
Explaining this issue, Deputy Chief Inspector of the city Kieu Xuan Huy said that the cases of handling complaints and denunciations are mainly related to land management, construction order, granting of land use right certificates, and site clearance for projects in the area. In fact, land management currently lacks a database; there is a lack of focal points for handling site clearance, while policies and regimes change and fluctuate a lot. The changes in legal mechanisms and policies are not really synchronous, so some complicated complaints and denunciations are still pending and have no solutions. Many complicated complaints and denunciations have lasted for many periods, mainly in the field of land management. The process of changing work positions, archiving records, and handing over documents at the grassroots level is not complete, affecting the progress and quality of settlement.
In addition, the coordination between sectors, cities and People's Committees of districts, towns in resolving some complicated complaints and denunciations is not yet close and timely; it has not focused on cases related to the authority of many sectors and agencies, so the results are still limited.
Currently, the city still has 2 cases of large gatherings that have not been completely resolved. The main content is related to the allocation of service land; compensation, support and resettlement when the State reclaims land to implement projects; the enforcement of production and business factories. At the same time, 26/36 complicated cases with large crowds transferred to the city by the Government Inspectorate have not been completely resolved (the City People's Committee has reported to the Government Inspectorate on 10 cases to seek consensus on the settlement). The reason is that the compensation, support and resettlement policies when the State reclaims land to implement projects are not suitable to reality; the Land Law changes in 2024 leading to citizens complaining about the allocation of service land and the land compensation price is higher than the previous regulations.
There is a 24-year-old case that has not been resolved.
According to Vice Chairman of the City People's Council Pham Qui Tien, the decisions to resolve complaints and the contents of the conclusions of denunciations have come into legal effect according to Resolution No. 14/2018/NQ-HDND of the City People's Council on supervising the settlement of voters' petitions; implementing the decisions to resolve complaints and announcing the conclusions of denunciations have come into legal effect in the city, there are still some cases that have not been completely resolved.
Of which, there are still 20 decisions to resolve complaints (standing for 7 to 9 years in the following units: Dong Da, Hai Ba Trung, Hoai Duc, Hoang Mai, Long Bien, Ba Dinh, Phu Xuyen, Thanh Xuan, Soc Son, Son Tay); 63 conclusions to resolve denunciations are being implemented (some cases standing for 8 to 13 years in the following units: Bac Tu Liem, Ba Dinh, Hanoi College of Art, Hai Ba Trung, Hoang Mai, Me Linh, Phu Xuyen, Thanh Oai, Hoai Duc, Son Tay, Thuong Tin, Soc Son, Thach That, Ung Hoa, Ba Vi, Phuc Tho, Department of Natural Resources and Environment, Department of Culture and Sports), especially a case standing for 24 years in My Duc that has not been resolved. In addition, the whole city still has 34 difficult and complicated cases that are being monitored by the City Party Committee's Steering Committee according to Resolution No. 15-NQ/TU of the City Party Committee's Standing Committee "On building clean and strong grassroots Party organizations, consolidating weak Party bases; resolving complicated issues of political security, social order and safety in communes, wards and towns of Hanoi city" that have not been resolved in the following districts: Ba Dinh, Hai Ba Trung, Hoang Mai, Me Linh, Phu Xuyen, Soc Son, Thach That, Thanh Oai.
According to the summary of the City People's Council, there are still 632 conclusions that have not been completely implemented (accounting for 4.78% of the total number of conclusions). Of which, the central level has 31 conclusions; the City Inspectorate has 275 conclusions; departments and branches have 188 conclusions; and district level has 138 conclusions.
Not to mention, the city still has many recommendations according to the audit conclusion that have not been implemented, including 445/1,590 recommendations on financial handling (28% equivalent to 655,207 million VND); 70/303 recommendations on budget management (23%); 10/17 recommendations on reviewing responsibilities (58.8%). This shows that the recovery of money for the state budget and handling of financial violations are still slow and ineffective.
The reason is that units have not focused on implementing the inspection conclusions issued by all levels. In many different fields, the main content is related to land management, construction order, site clearance for project implementation, granting of land use right certificates, etc.
Some recommendations on financial handling and management and operation are not yet consistent and effective; some units have not implemented audit recommendations resolutely and fully, and reporting is still slow. The completion rate for recommendations related to reviewing collective and individual responsibilities is very low. This shows that violations have been clearly identified but the review and handling have not been thoroughly implemented, reducing the deterrence and effectiveness of preventing similar violations, affecting financial discipline and long-term effectiveness of state management, reducing the strictness of the law and administrative discipline.
Explaining this issue, the Hanoi People's Committee affirmed that the recommendations cannot be implemented due to force majeure; the unit that must implement the audit recommendation is no longer in operation. Some recommendations of the State Audit relate to many levels, many sectors and need to ensure current legal procedures. Therefore, implementation is difficult and takes a long time. In addition, some recommendations from many years ago are not clear and specific in content, so units have difficulty reporting implementation results. Recommendations for reviewing responsibilities are often qualitative, requiring assessment of the level of violation, the role of each individual and collective, and consideration of subjective and objective factors. Sanctions for non-implementation or slow implementation are not deterrent enough.
(To be continued)
Source: https://hanoimoi.vn/giai-quyet-don-thu-khieu-nai-to-cao-va-kien-nghi-cua-cu-tri-can-quyet-liet-dong-bo-bai-2-van-con-nhung-bat-cap-706155.html
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