On the afternoon of 14/8, two former vice chairmen of Minh Tri commune, Soc Son district, Nguyen Van An, 63, and Duong Duc Vuong, 60, were sentenced to 4 years and 6 months, and 4 years in prison, respectively, for violating land management regulations.

Do Van Ba, 41, a land officer of the commune, and Nguyen Manh Hung, 69, a deputy village head, received sentences of 3 years and 26 months of probation, respectively, for the same offense.

Ba had a previous 12-month suspended sentence in 2019 for abusing his position and power, while Hung had a previous 8-year sentence in 1990 for murder, which has been expunged.

The defendants listen to the verdict on the afternoon of 14/8. Photo: Danh Lam

The defendants listen to the verdict on the afternoon of 14/8. Photo: Danh Lam

The judges deemed the defendants' actions harmful to society, negatively impacting local and Hanoi city land management, causing public outrage. However, mitigating factors like their old age and contributions to society were considered in the sentencing.

An, bearing the highest responsibility, directly validated 75 records involving the illegal transfer of 24.6 hectares. Vuong committed a similar offense involving nearly 20 hectares.

The court also requested the competent People's Committee to reclaim the protected forest land misused and illegally transferred and address the illegal constructions. The misused protected forest land needs to be restored to its original state.

The court also proposed that relevant authorities investigate and address the responsibilities of those violating land, forest protection, and construction regulations in the Soc Son protected forest area.

The case originated in 3/2019 when the Hanoi Inspectorate concluded that the commune People's Committee was aware of but failed to address residents buying and selling protected forest land without proper documentation. Instead, they validated these fraudulent transactions. The Hanoi People's Committee then transferred the case to the police for investigation.

The verdict established that the violations occurred over 11 years, from 2008 to 2018. The four defendants, along with Ta Van Vien, commune chairman from 2011 to 2016, and Nguyen Dinh Cuong, village head, were accused of wrongdoing in validating 125 records (land sale contracts and land transfer applications) totaling over 46 hectares.

Many constructions in the Dong Do area, Minh Tri commune, Soc Son, violated regulations until 1/2024 and are about to be demolished. Photo: Hoang Phong

Of these, 69 records concerned protected forest land, which cannot be transferred or gifted. The remaining 56 records involved land transfers where users lacked proper titles, violating the Land Law.

The validation by the three commune leaders, chairman Vien and vice chairmen Ba and Vuong, "allowed residents to transfer land use rights without proper notarization, notarizing illegal content," the court determined.

Among the 125 falsely validated records, Vien signed 11, An signed 75, and Vuong signed 39.

Before the three leaders validated the fraudulent records, Ba, the land officer, reviewed and signed them. Village head Cuong and the deputy village head signed a total of 69 land transfer applications, despite knowing that the land users lacked titles and the recipients didn't live in the protected forest area, which was illegal.

At the trial, the defendants admitted their wrongdoing. Some land buyers said they didn't pay any fees to the commune and hoped authorities would distinguish between forest and residential land to protect their rights.

Several officials were not prosecuted.

The People's Procuracy determined that former commune chairman Ta Van Vien "abused his position and power," allowing the illegal transfer of 17,000 m2 of land. However, the violations occurred in 2013, beyond the statute of limitations.

In addition, Vien and several officials of the former Soc Son district were found negligent in their management, showing signs of irresponsibility causing serious consequences.

Since the illegally transferred land plots haven't received titles, registration changes, or established ownership for residents, Vien and the former Soc Son officials weren't prosecuted for this.

Former village head Cuong, 54, was diagnosed with hemiplegia and a critical illness by the National Institute of Forensic Medicine, with a 99% disability rating, leading to the suspension of his investigation.

"During the investigation, prosecution, and trial, the offender's critical illness eliminated any further threat to society" (Article 29, Penal Code), the People's Procuracy cited.

Thanh Lam