VIETNAM GOVERNMENT OUTRAGING THE RIGHT TO LIFE AND PURSUIT OF HAPPINESS OF HUMAN BEING.

In September 2011, having returned after five years of being jailed, I was told by the public security of the village, suburban district and city that I would be created favor conditions to live. In the minutes of interrogation, I have mentioned the need for building a small house adjacent to our current house to live because my father is over 80 years of age now and needs the quiet for his sleep.

I went to the village office on construction to ask about building house, they said that my current living place had been in the process of projecting and not allowed to construct and showed me a photocopy of official document issued by Hochiminh city. Several points need being listed here: First, this area has had many of such pending projects for decades - Second, the photocopy showed by them was so blear that being unable to see whose signature, what title and not having any red seal to prove that it had legal value to be implemented – Third, in reality, serial houses, workshops have been being built in this area in the past years.

In October 2011, I submitted my application for building to the Public Security and People’s Committee of Xuan Thoi Thuong village, Hoc Mon suburban district, Ho Chi Minh city. During six months, I have not received any of their feedback about my application even though I myself have committed to dismantle when having project implimentation. Due to practical need, on April 6, 2012, I carried out building room adjacent to the house in the presence of police and security guards because they were stationing to watch in front of my house.

On April 27, 2012, a group of six repatriated boat people, including myself, Dao Ba Le, Tran Duc Nha, Nguyen Tu Thanh, Nguyen Huu Huan and Nguyen Van Cuong, were forced to be present at the offices of public security to be interrogated about Bach Dang Giang Foundation. After the interrogation lasting one day, they did not find out any proof for accusations except the pure philanthropic activities. However, the thing which is worth to condemn is that they banned these philanthropic activities in the name of the government. Differentiation, discriminatory treatment and executing measures of maltreatment are the Vietnamese Government’s tactics which are always applied to the social components that they believe to have to sacrifice for them because they are majority.

Article 1 of Universal Declaration of Human Rights clearly states: “All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in the spirit of brotherhood”. Community of repatriated boat people has more than sixty thousands asking for the right to equal life and value of dignity but the Vietnamese Government has disclaimed all. Public security investigated many boat people, threatening them if they kept receiving philanthropic aids. I myself was interrogated by public security sixteen times throughout the past seven months, most lasting all day long. In addition, they have stationed in front of my house, often entering my house to harass such as telephoning, snooping, filming, questioning my father this and that.

Questioning, harassment seem not enough, public security keep hitting my right of living. One day after the interrogation of six boat people, on April 28, 2012, hamlet chairman and two building inspectors entered my house to make the minute of building suspension, ignoring my objections and refusal of signing in the minute. The builders left without their building tools as a result of the threatening from the state officials. Today I received a Decision signed by Vice Chairman of village on May 2, 2012 ordering me to dismantle the constructing house within three days, if not the forced dismantling will be executed.

Through the application for construction that was not replied, the philanthropic activities have banned and the decision of forced dismantling, the Vietnam Government, again, proves to the world clearly that they are a tyranny, outrage to the right to life and pursuit of happiness of human being.

PHAM BA HAI

--------------------------------------------------------------------------------------

 

       

  PEOPLE’s COMMITTEE                                             SOCIALIST REPUBLIC OF VIETNAM

XUAN THOI THUONG VILLAGE                                         Independence – Freedom – Happiness

  CONSTRUCTION INSPECTOR                                                       --------------------------------

            ---------------------------

      No.: ………/BB – TTXD

MINUTES

Administrative violation and suspension of construction work

in violation of construction order

--------------------------

            Today, at 8.30 AM of April 25, 2012 at the site which occurred violation: At 11/4B Group 10, Hamlet 2, Xuan Thoi Thuong.

We, comprising of:

1. Mr. / Mrs.:       Nguyen Hoai Phuc              Title:  Construction Inspector of village

2. Mr. / Mrs.:       Lam Van Canh                    Title:  Construction Inspector of village

3. Mr. / Mrs.:………………………………………………………………….Title: …………………………………………………………………..

In the witness of:

1. Mr. / Mrs.:      Nguyen Van Tai                   Address: 12/4B Hamlet 2, Xuan Thoi Thuong

2. Mr. / Mrs.:………………………………………………………………….Address: ……………………………………………………………………….

I. Carrying out making the minutes of administrative violation of construction order to:

Violating organization / individual:     Pham Ba Hai

Address:          11/4B Group 10, Hamlet 2, Xuan Thoi Thuong.

Occupation:………………………………………………………………………………………………………………………………………………………………

Representative of violating organization / individual:

Full name:………………………………………………………………………Title: …………………………………………………………………………..

Address: …………………………………………………………………………………………………………………………………………………………………..

Occupation: …………………………………………………………………………………………………………………………………………………………….

Having violated the following administrative deeds:

1. Organizing the implementation of construction work without building permit which the construction work must have building permit in accordance with regulations

as prescribed at Point 9 Item 7 Clause 11 of Decree No. 23 / 20A NĐ – CP

Violated area:      Width 4 m ; Length 4,5 m

Status quo:         Reinforced concrete; brick wall; reinforced concrete floor with height of 6 meters.

Time of violation:                    April 2012

2.         Construction work has no building permit as defined by the Law of Construction

Stipulated at Point…………Item 1 Clause 5 of Decree No. 180/2007 NĐ – CP

Area of violation:………………………………………………………………………………………….

Status quo:…………………………………………………………………………………………………

II. Request (Violating organization / individual):       Mr. Pham Ba Hai

1. Stop the implementation of construction work in violation of construction order.

2. Overcome on time the violation deed of construction order within 24 hours as from the time of making minutes:                          Stop the implementation of construction work

After 24 hours as from the time of making minutes, if (violating organization / individual):  Mr. Hai does not carry out the above requests, the implementation of construction work will be suspended.

3. Be present at: People’s Committee of……..at 8.00 AM on May 02, 2012 to solve the violation.

Minutes includes 02 pages signed for confirmation by the attendants in each page and made in 02 copies with the same contents and legal value, handing to (Violating organization / individual):  Mr. Hai   01 copy and 01 copy is retained by minutes making organ.

After having re-read the minutes, the attendants agree about the content of minutes without any comments and agree to sign in the minutes.

Other ideas (If any):………………………………………………………………………………………..

………………………………………………………………………………………………………………

NOTE:  The minutes still has execution validity if the violating organization / individual is absent or refuse to sign in the minutes.

VIOLATING ORGANIZATION / INDIVIDUAL                                          MINUTES MAKER

        (Or representative)                                                                                    (Sign/ write full name)

     (Sign/ write full name)

The construction owner is present at the site                                                               (Signed)

                                                                                                                                  Lâm Văn Canh

                                                                                                                                    (Signed) 

                                                                                                                              Nguyen Hoai Phuc

         REPRESENTATIVE OF                                                                                WITNESS

CONSTRUCTION CONTRACTOR                                                              (Sign/ write full name)

          (Sign/ write full name)

REPRESENTATIVE OF WARD AUTHORITIES

                        (Sign/ write full name)

===================================================

 

          HOC MON DISTRICT                  SOCIALIST REPUBLIC OF VIETNAM

       PEOPLE’s COMMITTEE                     Independence – Freedom – Happiness

XUAN THOI THUONG VILLAGE                      ---------------------------

          ---------------------------

          No.: 126/QĐ – UBND                      Xuan Thoi Thuong Village, May 02, 2012

DECISION

About suspension of construction work in violation of urban construction order

---------------------------------------------------

CHAIRMAN OF PEOPLE’s COMMITTEE OF XUAN THOI THUONG VILLAGE

      Based on the Decree No.: 180/2007/NĐ – CP dated December 07, 2007 of the Government stipulating the details and guidance of executing some clauses of Law of Construction about handling violation of urban construction order.

      Based on the minute of administrative violation and stopping building execution of violation of orderly urban construction numbered: 53/BB – VPHC made by building inspector of Xuan Thoi Thuong Village on May 01,2012.

      Considering that Mr. Pham Ba Hai as building work investor has not carried out the requirements mentioned in the minute in due time.

DICIDES

       ARTICLE 1: Suspending construction works in violation of construction order to:

Construction work that has violated construction order at 11/4B Group 10, Hamlet 2, Xuan Thoi Thuong village, Hoc Mon district, Ho Chi Minh City.

By Mr. Pham Ba Hai as construction work owner.

Address: 11/4B Group 10, Hamlet 2, Xuan Thoi Thuong village, Hoc Mon district, Ho Chi Minh City.

Having had violation deed:

Having executed construction work without building permit which is defined in Item 1 Clause 5 of Decree No. 180/2007/NĐ – CP dated December 07, 2007 of the Government stipulating the details and guidance of executing some clauses of Law of Construction about handling violation of urban construction order.

ARTICLE 2: The organs concerned are requested to execute the following regulations:

1.      Heads of electric and water supply services must stop supplying electric and water to the violated construction work within 24 hours as of receiving the decision on suspension of construction works in violation of construction order.

      2. Head of Xuan Thoi Thuong village’s public security must bear responsibility to mobilize forces to forbid means of transport for building materials and labors to implement the violated construction work; cooperating with the local authorities to supervise and speed up the relevant organs to ensure the execution validity of Decision after signing.

         Over a period of 03 days (including weekends) as from the date of issuing this Decision, forced dismantling will be executed if the construction work owner himself does not dismantle the violated construction work.

       ARTICLE 3: Mr. Pham Ba Hai and the organs mentioned in Article 2 bear responsibility for executing this Decision. This Decision comes into force as from the date of signing.

      This Decision has execution validity in case the construction work owner is absent or stays in the background intentionally. 

Destination:                                                    On behalf of Chairman

- As Article 3                                                                          Vice Chairman

- Construction Inspector in charge of area                                          

- Section Head of Hamlet 2                                                         (Signed & sealed)

- Archive                                                                                      

    Nguyen Trong Bang

 ===========================================================