Apr 4, 2012

Vietnam - Verdicts on explosive land use quarrel in Haiphong

Haiphong municipal government has come to a final decision on the land use case involving the forcible removal of a farmer from his land in Tien Lang District.

The government decided, on April 3, that the three decisions by Tien Lang District People's Committee, which evicted Doan Van Vuon from his land in Vinh Quang Commune, were were illegal and will be revoked.

Illegal decisions

Authorities in Tien Lang have been accused of several violations. They claimed an additional 19.3 ha of land from Vuon as part of a land allocation for an aquaculture site. Vuon had been on the land since 1997.

Their decision to take away Vuon’s land was found to be inconsistent with the Land Law drafted in 2003, as well as with the Government’s decree on implementation of said law.

The demolition by the local authorities to Vuon and Doan Van Quy’s houses was also ruled illegal. The perpetrators are now facing legal proceedings.

Farmer’s misconducts

After carrying out an inspection over Vuon’s land use, the municipal government also found that he committed several misconducts.

Vuon had begun using land outside his allocated area, and was fined VND1 million (USD47.93) by the district government.

In addition, it was found that Vuon was involved in illegal deforestation while building his farm. This came with a fine of VND10 million (USD479.38), and he was compelled to make financial compensation amounting to VND5 million (USD239.69).

Vuon illegally leased his allocated land to some locals without getting approval from local authorities and pocketed a combined VND259,985,100 (USD12,463) between 1999 through February 18, 2012.

Vuon and his family used this land, which was allocated him for aquaculture, as a residence. He had been officially registered as a resident of Bac Hung Commune since 1993. This was in violation of the land use terms of his agreement. However, even after being notified by local authorities that he must start procedures to register the land as a temporary residence, Vuon failed to do so.

The farmer also owed back taxes for the years 2000-2007 for the use of the land. He has yet to pay VND10.035 million (USD481.06) out of the total VND52,616,700 (USD2,522) worth of land use tax during that period.

Verdicts

Despite Vuon’s misconduct, the municipal government decided that he will continue to have the right to use his land in accordance with the current land use laws.

The district authorities have mapped out a plan on the issue, which are awaiting approval from the Ministry of Natural Resources and Environment.

The city's investigative agency are speeding up their investigation on the demolition of Vuon's house by district authorities. Depending on the evidence that arises, Vuon may be compensated for the assets lost as a result of the incident.

The violent confrontation left six police officers injured is also still under investigation.

As a result of this investigation, Doan Van Vuon, Doan Van Quy, Doan Van Sinh, Doan Van Ve, Doan Van Thoai and Pham Thai must go to trial for attempted murder.

Vuon’s wife, Nguyen Thi Thuong, and Doan Van Quy’s wife, Pham Thi Bau must appear in court for protesting.

Vuon, Quy, Sinh and Ve were released from custody, but both Thuong and Bau were placed under house arrest.

An arrest warrant has been issued for Thai and Thoai who fled.

Fifty people have already been disciplined for their involvement with the case after the Prime Minister's decision of February 10.

Dan Tri

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