Yen The - Bac Giang: A series of violations at Bo Ha market project were clearly pointed out

Illegal land use change

According to the Conclusion, the Chairman of the Provincial People's Committee issued Decision No. 528/QD-UBND dated April 18, 2007 approving the Technical Economic Report of the Bo Ha Market Construction Project, Yen The District. However, the project implementation of the Yen The District People's Committee and Bo Ha Town People's Committee was completely different from the basic design plan, architectural plan and initial purpose of use approved by the Provincial People's Committee in Decision No. 528/QD-UBND.

Perspective of Bo Ha market project, Yen The district

Firstly, the People's Committee of Yen The district arbitrarily changed the land use purpose at the planned location to build 19 market kiosks, part of the fence and the planned area for an outdoor market selling fresh fruit to 44 residential plots.

Second, after completing the items of phase 1 assigned by the District People's Committee as the investor, the District Construction Project Management Board did not organize the handover of documents and files related to the project such as: Construction drawings, economic - technical reports, total estimates... as a basis for the Bo Ha Town People's Committee to continue implementing the following phases.

Third, the People's Committee of Bo Ha town built 5 groups of works/construction items that were not in accordance with the original basic design and architectural plan. The People's Committee of Yen The district did not inspect, correct or give opinions on this construction that was not in accordance with the original design.

Fourth, Bo Ha market currently does not have a fire prevention and fighting system, electricity and water system, bicycle parking area, fence, etc. as in the original approved design.

The area of the market construction project was previously an agricultural land, with urban planning and a land use plan for market land purposes that satisfied the conditions prescribed by the Land Law. However, the project did not have a land use plan and the decision to change the land use purpose from agricultural land to non-agricultural land (market land) was contrary to the provisions of the Land Law.

Regarding the land location for the planned construction of 19 market kiosks, part of the fence and the planned area for an outdoor market selling fresh fruits. Immediately after the Chairman of the Provincial People's Committee approved the technical economic report, the People's Committee of Bo Ha town developed and submitted to the People's Committee of Yen The district a plan to divide the land into 44 residential plots. The total auction price was 7.34 billion VND. All 44 residential plots were then granted land use right certificates to the households and individuals who won the auction.

The conversion of land use purpose to residential land without planning, land use plan or urban planning; without a decision to convert land use purpose by a competent authority is contrary to the provisions of the Land Law.

Collecting money off the books, showing signs of crime

After completing the investment in construction of some main items, in 2010, Bo Ha town central market came into operation. Bo Ha town People's Committee has signed 3 contracts to rent stalls and business locations at the market with individuals.

The total amount collected under signed contracts is nearly 2 billion VND. However, there are currently no books or documents to track these revenues. The data was compiled by the inspection team from receipts provided by the People's Committee of Bo Ha town.

The report of the People's Committee of Bo Ha town showed many serious violations in spending part of the kiosk rental revenue. Specifically, first, the entire amount collected was used and paid to the budget, 1.18 billion VND, to reinvest in the construction of kiosks and other works in Bo Ha market.

This content is spent by the Town People's Committee from the "development investment expenditure" item and with the available information and documents, the inspection team cannot separate the funding source because it is all spent from the budget.

Regarding the amount of 742.8 million VND, the Town People's Committee did not record it in the accounting books but used it by Ms. Nguyen Thi Thuy, treasurer of the Town People's Committee (from 1988 to 2013) to pay debts for regular activities of the Party Committee, People's Council, and Town People's Committee in previous years.

Yen The District People's Committee organizes auction of land use rights when there is no land use planning or plan.

In response to the above incident, Bac Giang province held a conference to exchange information with the provincial police and the provincial People's Procuracy on a number of violations of the law with signs of criminal offenses discovered through a comprehensive inspection of the Bo Ha market project in Yen The district. Thereby, it was agreed to transfer information, records, and documents of the case to the provincial police for clarification.

The act of organizing an auction of land use rights without a land use plan or urban planning with the purpose of using the land as residential land, and the land being planned as market land shows signs of the crime of "abuse of power while performing official duties" as prescribed in Article 357 of the 2015 Penal Code.

The act of not accounting for or monitoring the commune budget accounting system for the amount of 742.8 million VND collected from the rental of kiosks at Bo Ha market, but allowing Ms. Nguyen Thi Thuy - Treasurer of the Town People's Committee (from 1988 to 2013) to manage, monitor separately and use it to pay debts (from 2010 to 2013) for the regular activities of the Party Committee, People's Council and People's Committee of the town, has signs of constituting the crime of "Violating State regulations on accounting causing serious consequences" according to the provisions of Point d, Clause 2, Article 221 of the Penal Code 2015.

The Chairman of the People's Committee of Bac Giang province assigned the Chairman of the People's Committee of Yen The district to direct the People's Committee of Bo Ha town to issue a decision to recover and pay into the budget of Bo Ha town the amount of money left outside the accounting books. This amount will be used for the purpose of reinvestment in the construction and repair of Bo Ha market according to the original approved plan.

Request the District People's Committee, Chairman and Vice Chairman of Yen The District People's Committee in charge of the field from 2007 to 2021 to review the responsibility for allowing the above violations to occur.

Source