Procedure for handling violations
On June 13, according to a source from Lao Dong Newspaper, the Inspectorate of Quang Binh province has just issued a conclusion on the management and use of land by organizations and individuals related to the use of land by Mr. Doan Xuan Kien on map sheet No. 06, 07 of the 2013 cadastral map of Quang Hai commune, Ba Don town.
Mr. Doan Xuan Kien is using 45 plots of land in Quang Hai commune (Ba Don town, Quang Binh province) for aquaculture purposes. However, from September 18, 2023 to October 23, 2024, he arbitrarily leveled 37 plots, with an area of up to 92,550.1 m2. Although the authorities requested to stop leveling, Mr. Kien continued to violate, changing the terrain and affecting the ability to use the land.
Previously, Mr. Kien had submitted an application to change the purpose of land use from aquaculture to rural land for 2 plots of land (No. 218 and 219 map sheets No. 07). plot 219 was then converted and granted a land use right certificate. However, the land plot of 218 is included in the traffic road planning, and the Department of Natural Resources and Environment has not advised in accordance with the law when allowing the conversion of land use purposes for this plot. The decision was later overturned.
Mr. Kien explained that the leveling was to implement a high-tech shrimp farming project, but the project was not successful because there was not enough site clearance. He also said that he had not received any administrative violation report from the People's Committee of Quang Hai commune.
Violations by management agencies
The inspection conclusion pointed out many shortcomings in handling violations. The People's Committee of Quang Hai commune discovered the violation since September 2023 but did not make a timely record of administrative violations. The minutes later made were unclear about the location of the violating land plot, and Mr. Kien was not involved. In particular, Mr. Kien was recorded twice for the same act, which is against the law. The direct responsibility belongs to the land officer and Chairman of the People's Committee of Quang Hai commune.
The Department of Natural Resources and Environment of Ba Don town has failed to check and review when appraising the dossier for changing land use purposes. When the case was assigned for inspection, this agency did not make a record of violations, showing delays and lack of determination in handling violations. The responsibility belongs to the Head of the Department of Natural Resources and Environment for the period 2023-2024 and civil servants implementing the dossier.
Although the People's Committee of Ba Don town revoked the decision to change the land use purpose for plot 218, this was not carefully inspected before promulgating it, causing negative public opinion. The People's Committee of Ba Don town did not promptly prevent Mr. Kien's illegal leveling, causing the handling of the violation to be delayed.
The Inspectorate of Quang Binh province requested the Chairman of the Provincial People's Committee to direct the competent authorities to coordinate in handling Mr. Kien's behavior of deforming the terrain. At the same time, the Department of Home Affairs was assigned to advise on reviewing the responsibilities of Mr. Nguyen Van Ninh - Vice Chairman of the People's Committee of Ba Don town, along with related individuals. The Chairman of Ba Don Town People's Committee needs to direct the review and timely handling of shortcomings in land management. The People's Committee of Quang Hai commune is also required to strengthen land management and handle violations in accordance with legal regulations.
For Mr. Doan Xuan Kien, it is necessary to strictly implement the rights and obligations of land users according to the provisions of law.
As reported by Lao Dong Newspaper, Mr. Doan Xuan Kien has arbitrarily leveled 10 hectares of land in Quang Hai Commune, Ba Don Town, since 2023, deforming the terrain and violating land regulations.
Although the People's Committee of Quang Hai commune discovered and made a record, the handling of the violation was not in accordance with the procedures.
