Handle according to the law
On November 11, news from the Office of the People's Committee of Quang Binh province, the Provincial People's Committee has just sent a document to the Provincial Inspectorate regarding the consultation on handling the content of the request of the People's Committee of Quang Hai commune to inspect and examine the change of land use purpose from aquaculture land to residential land; the leveling of more than 10 hectares of aquaculture land; the planting of large trees and the collection of cow and buffalo manure in pit No. 3 (Van Dong village, Quang Hai commune, Ba Don town).
After consideration, the Standing Vice Chairman of the Provincial People's Committee Doan Ngoc Lam assigned the Provincial Inspectorate to preside over and coordinate with the Department of Natural Resources and Environment and relevant Departments and branches to study the proposed content of the People's Committee of Quang Hai commune in the above report to advise the Provincial People's Committee to direct the handling in accordance with the provisions of law.
Whose responsibility is it?
As reported by Lao Dong Newspaper, on September 18, 2023, the People's Committee of Quang Hai Commune discovered that Mr. Doan Xuan Kien (residing in Van Bac village) had a truck carrying sand and soil to fill about 0.5 hectares of aquaculture land in lake area No. 3, Van Dong village.
At that time, the Commune People's Committee made a record of on-site inspection and verification of the case of Mr. Doan Xuan Kien arbitrarily filling in 0.5ha of his aquaculture pond/10ha of his land, without permission from the competent state agency, and arbitrarily converting aquaculture land to non-agricultural land in rural areas. The act and the level of penalty exceeded the authority to make a record of administrative violations at the commune level.
Considering the report of the People's Committee of Quang Hai commune and the Department of Natural Resources and Environment (TNMT), the People's Committee of Ba Don town found that some of the report contents were incorrect, contradictory, and lacked a basis for handling such as: According to the report of the People's Committee of the commune, Mr. Kien arbitrarily converted aquaculture land to non-agricultural land, but in fact, Mr. Kien submitted an application to change to growing Siamese coconut (belonging to the group of agricultural land that does not require permission).
Then, Mr. Kien proposed high-tech shrimp farming (used for the right purpose of aquaculture). The Department of Natural Resources and Environment proposed to draw up a record of administrative violations for the construction area, but in reality, the land was being leveled and no construction had been done on it.
The parties worked together and determined that Mr. Kien would level the land to implement a high-tech shrimp farming model. The Town People's Committee at this time encouraged Mr. Kien to boldly invest in the implementation. The Town People's Committee issued documents guiding Mr. Kien to follow the law to implement the high-tech shrimp farming model, but Mr. Kien could not do it.
On May 23, 2024, the People's Committee of Ba Don town held a meeting to resolve issues related to Mr. Kien's high-tech shrimp farming project. The People's Committee of the town revoked and canceled the guiding documents related to Mr. Kien's high-tech shrimp farming plan.
Nearly 5 months after the Town People's Committee issued its conclusion, on October 16, 2024, the People's Committee of Quang Hai Commune sent an official dispatch to the People's Committee of Ba Don Town requesting an inspection of tree planting at the location previously registered for a high-tech shrimp farming project in Quang Hai Commune. At this time, Mr. Kien had arbitrarily leveled and expanded the area to 10 hectares with a total volume of soil and rock from 130,000m3 to 150,000m3.
Quang Hai Commune People's Committee said that the documents previously issued by the Town People's Committee, now canceled and revoked, created loopholes, creating conditions for Mr. Doan Xuan Kien to continue violating, giving him time to prolong the transportation of soil to fill the entire aquaculture area of more than 10 hectares.
Meanwhile, Vice Chairman of Ba Don Town People's Committee Nguyen Van Ninh said that the first responsibility for Mr. Kien filling up 10 hectares of land belongs to Quang Hai Commune People's Committee for not taking measures to prevent and handle it.
