According to the complaint of Mr. Bui Trung Hieu, born in 1980 (from Na Ri district, Bac Kan province, the owner of the above excavator), at about 12:15 p.m. on October 25, 2022, when Mr. Hieu was operating an excavator to repair a landslide road leading to the production forest for 5 households in Coc Khau village, Tan Yen commune, the police force of Tan Yen commune, Trang Dinh district (in plain clothes) arrived and requested to stop the construction. About 1 hour later, 2 more police officers in uniform came to assist, asking Mr. Hieu to present his identification papers, documents related to the vehicle and make a record of the violation. The police force of the commune explained that this was an act of "Land destruction". Not only did they make a record, they also seized the vehicle. However, because Mr. Hieu believed that the working process of the commune police force was not in accordance with regulations, he did not present any documents, and because he believed that he had not violated any law, he did not comply with the police's request for handling. To date, after many months, the case has not been resolved.
To find out, Lang Son Newspaper reporters went to Coc Khau village to meet the people who hired the vehicle to carry out the above activities. Talking to us, Mr. Ban Van Vuong, a resident of Coc Khau village, Tan Yen commune, said: Due to a heavy storm in mid-2022 in the village, which led to the landslide of the road leading to the production forest (mainly cinnamon plantation) of his family and some other households (a total of 5 households in Coc Khau village and Keo Muoi village, Tan Yen commune), they discussed renting an excavator to repair and level the road to facilitate tree care and exploitation, with a total amount of 5 million VND and assigned to the vehicle owner to carry out the work. Mr. Ban Van Toan, Keo Muoi village, is the representative of the group of households that hired Mr. Bui Trung Hieu to carry out the repair work. Mr. Vuong also said that the land leveling and road repair were agreed upon by a group of families and vehicle owners and were not reported to the authorities or functional forces of the commune. The incident occurred while the construction was underway.
Based on the information provided by the people, the reporter witnessed the road that the people hired an excavator to repair and level. That is the road leading from Coc Khau village (the old Khau Mo village section) through the production forest, where people are growing cinnamon, estimated to be about 3km long, the average road surface is 2.5m wide. The road was opened by the people a long time ago to serve forest planting production, on this road section the reporter counted about 6 small and medium landslides that have been leveled and flattened compared to the old roadbed.
In addition to leveling the landslides, there is also a new point that has been opened compared to the original state of the road, with a length of about 10m, a width of nearly 3m (an area of about 25m²), this is the location where the authorities requested to stop construction, fine and confiscate the vehicle in October 2022. According to the people, because this is a hairpin bend, the road surface is narrow and steep, making it difficult for vehicles to move, so they agreed with the vehicle owner to widen the road surface along the positive slope of the forest land. With the thought of widening the road to serve production and the small area, the people and vehicle owners did not report this to the authorities and functional forces of the commune.
The curve is widened on the road through the forest in Coc Khau village.
To clarify the above information, after verifying with the vehicle owner and local residents, the reporter contacted and worked with the authorities and the Tan Yen Commune Police to find out. Captain Dang Sy Dung, Chief of Tan Yen Commune Police, said: The hiring of Mr. Bui Trung Hieu to bring machinery to repair the road and level the land by 5 households was done according to an oral agreement, without a specific contract, and without reporting to the authorities and the commune police. While the vehicle owner is not a local, according to regulations, he must declare to the authorities and functional forces about his residence, temporary residence and bringing machinery to construct works in the area, but the vehicle owner did not comply with these regulations.
Also according to the leader of Tan Yen Commune Police, when learning about the above incident, on the morning of October 25, 2022, the commune police force established a working group. To ensure confidentiality, the group sent plainclothes detectives to grasp the situation and organize verification. After the detectives discovered and caught Mr. Bui Trung Hieu operating an excavator to level the land in the management area, they asked the vehicle owner to temporarily stop construction and report to the working group to coordinate in handling according to the provisions of law. During the working process and making a record, the working group clearly explained the violation and the level of penalty for the people and vehicle owners. Specifically, in addition to not declaring residence, temporary residence and using construction vehicles in the area, the vehicle owner and the people arbitrarily expanded the road surface. Thus, this behavior is a violation of regulations on the land sector. Specifically, according to Point a, Clause 1, Article 15 of Decree No. 91/2019/ND-CP dated November 19, 2019 of the Government on administrative sanctions for violations in the field of land, the vehicle owner committed an act of land destruction, accordingly, the deformation of the terrain or degradation of land quality shall be subject to a fine of 2 million to 5 million VND, if the area of land destroyed is less than 0.05 hectares. However, the vehicle owner did not cooperate, did not present relevant documents and left the scene. After that, the working group drew up a record to confiscate the vehicle pending processing.
To resolve the case, the Commune Police advised the People's Committee of Tan Yen Commune to issue a decision to fine the person renting the machine and the vehicle owner VND3.5 million. Through explanation, Mr. Ban Van Toan, the representative of the group of households renting the machine, was aware of the violation and complied with the administrative handling according to the law. Regarding Mr. Bui Trung Hieu, the vehicle owner, the Commune Police explained and sent an invitation to work, but Mr. Hieu did not cooperate, and also sent a complaint to many agencies from the district to the province.
Mr. Ban Van Son, Party Secretary and Chairman of Tan Yen Commune People's Committee, said: The Commune People's Committee has invited Mr. Bui Trung Hieu to work 4 times. During the working process, the authorities and the commune police have clearly explained the violations of land management regulations by Mr. Bui Trung Hieu and the people; at the same time, explained the working process of the police force at the time of the incident so that Mr. Hieu could understand clearly. However, Mr. Hieu did not cooperate, did not comply with the regulations on handling violations and left halfway when the incident had not been resolved.
According to the leaders of the Party Committee and People's Committee of Tan Yen commune, this is not the first time, but before that, Mr. Bui Trung Hieu had also come to the area many times to carry out land leveling and road repair to the production forest but did not report to the authorities and functional forces of the commune. The People's Committee of the commune invited Mr. Bui Trung Hieu to come to propagate regulations on land management and prevent violations, however, Mr. Hieu did not come to work.
Talking to us, Lieutenant Colonel Luong Thanh Binh, Chief of Trang Dinh District Police, said: The above incident occurred in Tan Yen Commune and was reported by the commune police force, and the unit also received a complaint from Mr. Bui Trung Hieu. The district police have inspected and verified the working process of Tan Yen Commune Police. Through the inspection, it was found that the commune police force followed the correct professional procedures. Therefore, the district police sent an official dispatch to reply and explain clearly to Mr. Bui Trung Hieu; at the same time, directed the commune police force to advise the Commune People's Committee to handle the incident according to their authority and sent an invitation to the vehicle owner to come to work to promptly resolve the incident.
The excavator has been rusted for a long time in the yard of Tan Yen Commune People's Committee.
Thus, through investigation and verification, the above incident has been clarified by the authorities and the people (households that hired vehicles to repair the road) have realized their violations and complied with the penalties. However, the incident has been prolonged because the vehicle owners have not complied with the handling of the violations by the authorities, leading to prolonged complaints. When the incident is not resolved promptly, not only will it affect the parties, but the confiscated vehicle (currently parked in the yard of the Tan Yen Commune People's Committee) will not be covered and will not be in use for a long time, and will increasingly deteriorate. Therefore, in the coming time, the authorities, authorities and vehicle owners need to actively coordinate to completely resolve the above incident.
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