On 12/8, two former vice chairmen of Minh Tri commune, Soc Son district, Nguyen Van An, 63, and Duong Duc Vuong, 60, along with Do Van Ba, 41, a land officer, and Nguyen Manh Hung, 69, a village deputy, stood trial for violating land management regulations.

Ba had a previous suspended sentence of 12 months in 2019 for abusing his position, while Hung had an 8-year sentence in 1990 for murder, which has since been expunged.

The case came to light in 3/2019 when Hanoi inspectors concluded that Minh Tri Commune People's Committee (UBND) was aware of, but failed to address, the illegal sale and transfer of protected forest land without proper documentation. The UBND even certified these fraudulent transactions.

The Hanoi UBND subsequently transferred the case to the police for investigation.

Unauthorized villas and constructions at the foot of a hill in Minh Tan village, Minh Tri commune, in 2018. Photo: Gia Chinh

Unauthorized villas and constructions at the foot of a hill in Minh Tan village, Minh Tri commune, in 2018. Photo: Gia Chinh

Authorities determined that the violations occurred over 11 years, from 2008 to 2018. The four defendants, including a former commune chairman from 2011 to 2016 and village head Nguyen Dinh Cuong, are accused of wrongdoing in certifying 125 documents (land transfer contracts and applications), totaling over 46 hectares.

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

The certification by three commune leaders, including Chairman Vien and vice chairmen Ba and Vuong, "allowed residents to transfer land use rights without proper notarization, effectively notarizing illegal content," the procuracy stated.

Of the 125 fraudulent documents, Vien certified 11, An certified 75, and Vuong certified 39.

The procuracy established that before the three leaders certified the fraudulent documents, Ba, then the commune land officer, had reviewed and endorsed them. Village head Cuong and his deputy also signed off on 69 land transfer applications, despite knowing the land users lacked titles and the recipients didn't reside in the protected forest area, both violations of the law.

At the trial, the defendants admitted their wrongdoing. Some land buyers in Soc Son claimed they paid no fees to the commune and requested authorities distinguish between forest and residential land to protect their interests.

The procuracy recommended sentences of 4 to 4.5 years for An and Vuong, 30 to 36 months for Ba, and a suspended sentence of 26 to 30 months for Hung.

The trial concluded on 15/8, following an extended deliberation.

The former commune chairman, Ta Van Vien, was found to have "abused his position and authority" by authorizing the illegal transfer of 17,000 m2 of land. However, as the offense occurred in 2013, the statute of limitations for prosecution has expired.

Vien and several other officials of the former Soc Son district were also found negligent in their management duties, suggesting a charge of negligence causing serious consequences. However, as the illegally transferred land parcels haven't been granted titles or registered, establishing ownership hasn't occurred. Therefore, Vien and the other former Soc Son officials haven't been 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. The procuracy cited Article 29 of the Penal Code: "During investigation, prosecution, and trial, if the offender suffers from a critical illness that eliminates their ability to pose a danger to society," proceedings can be halted.

Satellite imagery of Phu Ninh village, Minh Phu commune, Soc Son district, Hanoi in 2009 and 2024. Image: Google Earth

Similar violations occurred in the neighboring Minh Phu commune from 2009 to 2014. The chairman, vice chairman, and land officer were implicated in 21 fraudulent documents affecting over 58,000 m2 of protected forest. However, due to the statute of limitations and the death of the former chairman, no charges were filed.

The land sales and transfers without proper documentation, involving protected forest land in both communes, violate the Law on Forest Protection and Development.

Investigators have requested the Soc Son District UBND to review and inspect the unauthorized constructions for appropriate action.

Thanh Lam