" My family built a wall around the pond to raise turtles on the land of the family that was divided according to Decision 115 / QD-UB of Ha Nam Province. While inviting me going to the Commune for discussion with the content of "clearance of land violations", the People's Committee of Nhat Tan Commune send a force to come and destroy the wall without any written documents. Including the construction cost and the turtles lost after the wall was destroyed, my family has damaged VND hundreds of million. I would like Dan Viet to help for explanation, is that action of Nhat Tan's People's Committee legitimate? ", Mr.Tran Dong Nam, (Nhat Tan Commune, Kim Bang District, Ha Nam Province).
Lawyer Nguyen Thanh Ha - President of SBLAW Law Firm.
To exchange with Dan Viet, lawyer Nguyen Thanh Ha - President of SBLAW Law Firm said: Enforcement is a strict discipline to ensure the law is strictly enforced. However, the coercion will directly affect the lives, emotions ... of people, so the enforcement must comply with strict regulations of the law.
Enforcement is a strict discipline to ensure that the law is strictly enforced. However, coercion will directly affect the lives, emotions ... of people, so the enforcement must comply with strict rules of law.
According to the provisions of the Law on Handling Administrative Violations and Decree No. 166/2013 / ND-CP, grounds for enforcement of administrative violations are: Violators shall be sanctioned for administrative violations. If the administrative decision has expired or the time limit for postponing the execution of the decision on sanctioning of administrative violation has expired, or has exceeded the time limit for executing the decision on the application of remedial measures caused by the administrative violation, not voluntary for execution.
Therefore, the enforcement is only made when having minutes of administrative violations, decisions on administrative sanctions and coercion. Before organizing coercion, organizations that issue decisions on coercion shall have to send decisions on coercion to violated individuals and agencies and superior agencies for implementation.
The decisions on coercion must clearly state the following contents: date, month and year of issuing the decision; grounds for making decisions; full names and positions of the decision makers; names and addresses of the coerced individuals or organizations, remedial measures to be taken; time of completion of enforcement; Individuals and organizations who are responsible for organizing the coercive activities; the responsible agencies; signatures and full names of the decision makers, seals of issuing bodies.
The time limit for executing the decision on coercion that is 15 days and be counted from the date of receiving the decision; In cases where the decision on coercion contains the time limit that is more than 15 days, it shall be applied according such period.
" It has not mentioned that it is right or not when he built that wall. However, if the coercion is as he presented, the people’s committee did not comply with the law, "said by lawyer Ha.
Source: https://e.vcci.com.vn/details-8268-Coercion-without-a-decision-is-against-the-law.html
