Public opinion questions regarding the responsibility of the People’s Committee of Tan Phuc commune, as well as the authorities in Hung Yen?
Recently, the Environmental Police Department, the Hung Yen Provincial Police coordinated with the units to catch the illegal land exploitation case in the field of Ninh Dao village (Tan Phuc commune, n Thi district, Hung Yen).
Around 0:10 am on February 10, in the field area of Ninh Dao village, Tan Phuc commune, the police force discovered and caught an excavator by Phung Dac Duy (SN 1983, residing in Cong Hoa ward. , Chi Linh City, Hai Duong) was shoveling soil onto the car BKS 34H-02086 owned by Hoang Cong Viet (SN 1993, also has the same permanent residence) with a volume of regarding 3m3 of land.
| Illegal land exploitation in Tan Phuc commune has taken place over the past time. |
At the time of discovery and arrest, because it was dark, the road was slippery and the approach was difficult, Viet lowered the dump truck to dump the dirt on the road and moved the car to a location regarding 50m away. At the scene, the police force also discovered 5 other cars waiting to carry land. All failed to present documents related to land exploitation.
After extensive verification, the police agency determined that the amount of exploited land in the above land area was transported and excavated to the VP-1421 by Nguyen Van Hung (SN 1968, residing in Viet Xuan commune, Vinh Tuong district). , Vinh Phuc province), is anchored at the inland wharf of Vi Thanh Trading & Service Co., Ltd in Tho Vinh commune, Kim Dong district, Hung Yen province. Checking in the ship’s compartment, there is regarding 200m3 of gray soil.
Illegal land exploitation for a long time
According to PV’s research, before the Environmental Police Department, Hung Yen Provincial Police discovered the above incident, illegal land exploitation here had been going on for many months.
The land area where illegal land exploitation took place of 7 households, all of whom are family members of Mr. Tran Huy Hung (born in 1976, residing in Ninh Dao village, Tan Phuc commune, Thi district) approved by the competent authority. converted in 2015. By 2022, Mr. Hung’s household has built a road, dumped construction waste from the shore to the middle of the pond, made a way for trucks to enter to scoop up clay, burn gray, and transport it elsewhere. .
On September 19, 2022, the People’s Committee of Tan Phuc commune made a record of administrative violations once morest Mr. Hung regarding the conversion of crops on rice land in contravention of regulations. At the same time, he asked Mr. Hung to immediately stop the violation, level and return the land, and restore the original condition. On September 26, 2022, the People’s Committee of Tan Phuc Commune issued a decision on administrative sanction in the field of land once morest Mr. Tran Huy Hung with the amount of 3 million VND due to improper land use and continued to request leveling. return to original condition.
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| Trucks serving illegal land mining activities. |
However, the illegal exploitation of land at this location continued while the local authorities did not promptly, drastically prevent and detect violations, showing a lack of management. Management of land and minerals by the People’s Committee of Tan Phuc commune leads to more and more violations. Violators even blatantly defied the law when mobilizing many large trucks to scoop and transport land to ships to be transported elsewhere for sale.
For the above violation to occur, it is clear that the responsibility in management first belongs to the People’s Committee of Tan Phuc commune when it does not resolutely handle it. On February 14, PV has repeatedly contacted Mr. Dao Van Van – Chairman of the People’s Committee of Tan Phuc commune, but this person did not pick up the phone.
Responsibilities of Tan Phuc Commune People’s Committee?
Talking to PV, Lawyer Hoang Tung – Head of Trung Hoa Law Office (Hanoi Bar Association) said that according to the law, gray soil and clay are a type of mineral. In the process of using the land, the land user must be responsible for protecting that part of the land, not to arbitrarily exploit it illegally. When exploiting land resources, it is necessary to meet the regulations on business conditions for the mining industry, as well as the mining license in cases where it is required to apply for a mining license.
The fact that subjects exploiting land without a license violates Clause 1, Article 47 of Decree 36/2020/ND-CP can be fined from 1,000,000 VND to 3,000,000 VND when the total volume of minerals exploited at the time of detecting violations to less than 10m3.
In addition, according to Article 51 of the Law on Minerals 2010, these subjects are not subject to mineral exploitation. If the act of exploiting minerals for ordinary materials without having to apply for a mineral mining license, depending on the act and severity, it will be sanctioned according to the provisions of Article 41 of Decree 33/2017/ND- CP. Violations on mineral extraction under the licensing authority of the provincial People’s Committee shall be fined from VND 200 to 300 million. For minerals under the licensing authority of the Ministry of Natural Resources and Environment, a fine of 300-500 million VND will be imposed.
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Remedial measures force the implementation of solutions to improve and restore the environment of the exploited area, bringing the mining area to a safe state.
In the above case, in order to happen illegal land exploitation, first of all, the local government in Hung Yen from the commune level, here directly the People’s Committee of Tan Phuc commune to the provincial level must be responsible for loose management. There is a lack of inspection and supervision in the state management of mineral resources in the locality.
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