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Causes of Administrative Complaints

Chapter 2

CURRENT STATUS OF ADMINISTRATIVE COMPLAINT RESOLUTION MECHANISM IN VIETNAM


2.1. SITUATION AND CAUSES OF ADMINISTRATIVE COMPLAINTS

2.1.1. Situation of administrative complaints

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According to the synthesis of responsible agencies, in 1999 there were:


Causes of Administrative Complaints

Nearly 280,000 people, in 2000 there were nearly 230,000 people, in 2001 there were nearly 280,000 people who went directly to government agencies at all levels to file complaints, with about 280,000 complaints.

180,000 to 190,000 cases per year [13, p.128].


From 2002 to 2005, the situation of complaints and denunciations calmed down. The number of complaints and denunciations increased and decreased in different places and times, but in general, there was a downward trend.

In 2002, there were 104,647 cases, in 2003, there were 96,351 cases, in 2004, there were 81,329 cases). However, the number of complaints that went beyond the central level tended to increase. In 2005, the Central Party and State Citizen Reception Office received 18,221 people (an increase of 12.32%), 410 large groups (an increase of 51 groups). Received 44,545 petitions (an increase of 32%) [21].

From 2006 to present, the situation of complaints and denunciations has become complicated, with abnormal manifestations, as shown below:

- “Complaints and denunciations that go beyond the central level are numerous and tend to increase, with 41,750 individuals and 939 large groups, of which 554 large groups were reported in 2006, an increase of 31% compared to 2005” [20].

In 2007, the situation of complaints and denunciations became complicated and tended to increase.

increasing trend. Most of the complaints are related to land, especially complaints about compensation and site clearance. Some complaints about reclaiming old land are very difficult to resolve. The main content of the denunciations is denunciation of local officials and civil servants who have committed violations, corruption, and negativity in land management and use, investment, basic construction, financial management, budget, and implementation of social policies.

The work of resolving citizens' complaints and denunciations has made great efforts, with the efforts of all levels and sectors, and has achieved quite positive results in all aspects. The Government Inspectorate has innovated its direction and management, shifting from establishing delegations to resolve each case to proactively inspecting, promoting, and coordinating with ministries, sectors, and localities to resolve emerging issues. Inspectorates of provinces and cities have also actively coordinated with relevant sectors to advise the Chairmen of the People's Committees of provinces and cities to resolve complaints and denunciations under their authority and directed the resolution of many complicated and prolonged cases. When there were mass complaints, central and local agencies proactively coordinated to stabilize the situation, especially when hundreds of citizens from the provinces of Tien Giang, An Giang, Ben Tre, Can Tho, Long An, Binh Duong, Binh Phuoc, Binh Thuan, etc. gathered in large numbers in Ho Chi Minh City at certain times.

In 2007, State agencies received 333,841 citizens coming to complain and denounce, of which 1,565 were large groups of people. The provinces and cities with many large groups of people complaining to the Central level are: Hanoi, Ha Tay, Vinh Phuc, Hoa Binh, Quang Ninh, Nam Dinh, Hai Duong, Hung Yen, Thai Nguyen, Thai Binh, Hai Phong, Bac Giang, Ha Nam, Binh Phuoc, Tay Ninh, An Giang, Tien Giang, Can Tho, Soc Trang, Ho Chi Minh City, Ben Tre, Dong Thap.

“In 2008, the situation of complaints and denunciations by citizens has

calmer, the number of complaints and denunciations has decreased compared to 2007, especially the situation of complaints about land recovery, compensation, and site clearance in localities has decreased significantly (Tien Giang decreased by 49%, Ben Tre 48.6%, Kien Giang 33%, An Giang 36.2%, Tay Ninh

21.6%, Ho Chi Minh City 18.36%)” [23].


The nature and complexity of complaints and denunciations have decreased significantly, with fewer cases requiring administrative enforcement to bring people back to their localities. According to the report of the Party and State Citizen Reception Office in Hanoi, 26 provinces and cities do not have large groups and 23 provinces and cities have less than 4 large groups. According to the report of the Party and State Citizen Reception Office in Ho Chi Minh City, most of the mass complaint cases arose in previous years and have been resolved many times but have not been resolved. However, the rate of citizens sending complaints and denunciations to the Central level is quite high, in some localities and at some times the situation of complaints and denunciations is still complicated, the provinces and cities with many citizens complaining and denunciations to the Central level are: Hanoi, Ha Tay, Hai Duong, Ha Nam, Bac Ninh, Bac Giang, Thai Nguyen, Vinh Phuc, Hung Yen, Nam Dinh, Tay Ninh, Long An, An Giang, Soc Trang, Dong Thap, Dong Nai.

- The nature of complaints and denunciations is very complicated, with potential factors of instability in some areas, especially in large cities . Many large groups of people are closely organized, not only linked within the same locality but also linked to many localities, with leaders and commanders; some groups have taken advantage of, enticed, and incited policy beneficiaries, the elderly, and children to file complaints; recently, there have appeared a number of large groups of ethnic minorities in difficult circumstances, making the authorities confused in handling them.

Some large groups of people went to protest with extreme attitudes and shouting.

signs, banners, down with leaders, down with local authorities, denouncing officials for corruption, staying for many days in Hanoi and Ho Chi Minh City, causing disturbances or marching on the streets, occupying the offices of state agencies, in order to put pressure on state agencies. Typical examples are the complaints and denunciations of nearly 1,000 citizens of Van Giang district, Hung Yen province, which took place in the last days of August 2006 at the National Assembly Office at 35 Ngo Quyen, Hanoi, and over 500 citizens of 19 southern provinces gathered at the National Assembly Office 2 at 194 Hoang Van Thu, Ho Chi Minh City in the last days of July 2007.

- Complaints and denunciations related to religious issues occur in many localities and pose potential security and political complications . From 1996 to 2007, there were 1,520 complaints, mainly about reclaiming land, places of worship, and religious assets (835/1,261 cases, accounting for 66.2%), concentrated in the following religions: Catholicism, Buddhism, Caodaism, Protestantism. In Hanoi and some northern provinces with many religions, many religious followers filed lawsuits with the main content about encroached places of worship, reclaiming land that the State had assigned to military units, police, and economic organizations for use. Up to now, some units have used it ineffectively, not for the right purpose, or sold the land. In Ho Chi Minh City and some southern provinces, religious followers filed complaints, mainly to reclaim worship facilities that had been donated, given, lent, confiscated, or requisitioned in the past, and which have now been repaired, rebuilt, or changed in purpose (equitization of business establishments, socialization of schools, and hospitals). In the Northwest and Central Highlands regions, the complaints were mainly related to Protestantism asking for the return of worship facilities, for the construction of new ones, or for the repair of worship facilities...

- Hostile and reactionary forces and some political opportunists at home and abroad have been taking advantage of citizens' complaints and denunciations to sabotage us in many forms: inciting protests and violence.

in order to serve the plot of internal and external attacks against Vietnam, hiding under the guise of "relief for victims of injustice" demanding democracy, human rights, and religious freedom, regularly haunting central agencies; establishing "injustice victims' associations" to gather forces, instructing on how to protest and march, how to send and receive sponsorship money, how to collect information and images to provide to the outside. Typically, on July 17, 2007, Thich Quang Do publicly distributed money called "relief for victims of injustice" and called for cooperation in the struggle under the name of "demanding rights" that occurred at the National Assembly Office in Ho Chi Minh City; on August 23, 2007, Thich Khong Tanh distributed money to petitioners at the Central Party and State Citizen Reception Office at 110 Cau Giay, and was caught red-handed by the police.

In many places, people organized large groups to go to the province and the Central Government to complain with very harsh attitudes, some groups had hundreds of people, in some cases up to thousands of people. Citizens even went to the private homes of Party and State leaders to complain. People complained with harsh attitudes, many people had behaviors that exceeded the limits of normal complaints, affecting social security and order. In some localities, there appeared very complicated "hot spots" of complaints.

In general, the content of complaints and denunciations that emerged was land-related complaints occurring in almost all localities (many northern provinces accounted for about 40%, the southern provinces accounted for 80% of the total number of complaints in the locality), mainly reclaiming old land, land disputes among the people, between the people and the forestry farms, administrative boundary disputes, villages and communes. In some provinces and cities, many complaints were about undemocratic, negative, corrupt communal officials at the level of illegal land sales, mobilizing many contributions from the people outside the regulations, the management of communal budget revenues and expenditures, construction of electricity, roads, schools, stations, etc. had many violations such as: the cases in Thai Binh, Giao Thuy (Nam

Dinh), Do Son (Hai Phong). Many cases have been taken advantage of by bad guys to incite, entice, and disrupt public order, violating the law, making the situation more complicated. In some places, there have even been signs of outright denial, disrupting security and order, and neutralizing the leadership and management role of the Party and local authorities.

2.1.2. Causes of administrative complaints

The above situation of complaints and denunciations is due to many different subjective and objective reasons, but focuses on the following main reasons:

Firstly : the mechanism, policies and laws are still not consistent, inadequate, adjusting emerging social relations is not timely, not objective, many problems are left by history so solving is extremely difficult, especially in the field of land management and use, compensation and site clearance... The system of land policies and laws in the past was not complete, not fully adjusting land relations, constantly amending and supplementing to perfect. From the law recognizing many forms of land ownership, it was changed to stipulate that land belongs to the entire people, and later on, it was stipulated that land users have full rights, so the timely grasp of legal regulations by officials and people is limited, understanding of legal regulations is also incomplete and the concept of private ownership of land among the people still exists. The issuance of legal documents on land according to each historical and development stage of the country is not consistent and still overlaps and is unfair. Those who benefit from later policies benefit more than those who benefit from earlier policies (there are some cases where those who are slow and do not comply with the law benefit more than those who strictly comply with the law), which leads to comparisons and complaints. In compensation work, land prices have not been adjusted in time to calculate compensation when the State implements projects related to many provinces or allows people who need to use land to develop projects to negotiate compensation themselves.

Often, with people using land, those who are allocated land and want to clear the land quickly have accepted compensation prices higher than the State's regulations, causing compensation levels to differ in the same area, which gives rise to complaints. The implementation of the State's policies in the past in some places was not strict, thorough and unreasonable, leading to the situation of crop disturbance and leveling. In the 1980s, Cooperatives and Agricultural Production Teams were formed, but the management of Cooperatives and Production Teams had weaknesses leading to their disintegration, but the State did not have timely policies to handle them, the spontaneous repossession of land and inconsistent solutions from localities in land reallocation when Cooperatives and Production Teams disintegrated, led to many complaints.

Land management and employment policies for farmers whose land is recovered also have many shortcomings. Land records have not received due attention, are incomplete, and do not have sufficient basis for land management. Land use planning is slow, land change adjustment is not monitored and updated regularly, leading to inadequate and inaccurate advice in planning, land recovery, and settlement of complaints, denunciations, and land disputes; inaccurate area measurement, mistaken place names, land recovery without a decision, failure to complete legal procedures, land allocation, land lease, land bidding, compensation and clearance, and use of collected money that is not public, causing suspicion among the people; land allocation beyond authority, to the wrong subjects, allocation of wrong area, location, use of money collected from land in violation of the law, or land users who have fulfilled all obligations as prescribed but have not been granted land use rights or land use right certificates.

The recovery of agricultural land to serve urban development planning and industrial zones in many places has not considered and calculated synchronously.

The area leads to the case where people have almost all or all of their production land recovered, compensated in cash (there is no other land to give), low value, career conversion is very difficult due to limited qualifications leading to unemployment, difficult life, social evils and lawsuits. A typical case is the mass lawsuit about the Lai Vu Industrial Cluster project, Kim Thanh district, Hai Duong province: recovered over 200 hectares, accounting for 80% of the agricultural land of the whole commune with a total of over 1,000 households corresponding to 5,000 people (nearly 2,600 people of working age), currently the agricultural land of the whole commune is only over 20 hectares, but initially the project has only attracted 100 workers to vocational training and 35 workers to sewing school, the rest of the people do not have jobs, while they are just pure agricultural workers.

The current mechanism for handling complaints is still complicated, both in terms of the authority to handle and the procedures for handling, even causing inconvenience to citizens; the statute of limitations and time limits are not suitable to the practical situation, so it is difficult to implement. Some provisions of the Law on Complaints and Denunciations, the Land Law and the Ordinance on Procedures for Handling Administrative Cases have inconsistent points: According to the provisions of the Land Law, when the Chairman of the Provincial People's Committee issues a second decision to handle a complaint, which is also the final decision, the complainant does not have the right to file a lawsuit at the Administrative Court. The Ordinance on Procedures for Handling Administrative Cases, amended and supplemented in 2006, also stipulates that citizens do not have the right to file an administrative lawsuit against the second decision of the Chairman of the Provincial People's Committee (in the field of land management). Meanwhile, the Law on Complaints and Denunciations (amended in 2005) stipulates that citizens have the right to file a lawsuit in the Administrative Court during the first or second settlement. Due to the contradiction between legal documents, people are not able to resolve their complaints, leading to a situation where

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