For the Attention of President Trong and the Prime Minister Phuc: Emergency Denunciations Against the Hanoi Authorities for Forging a Reportto Demolish Dr. Cu Huy Ha Vu’s Property

Attorney at Law Nguyen Thi Duong Ha

On October 23, 2014, under a direction of Prime Minister Nguyen Tan Dung, the Hanoi People’s Committee demolished the rock garden, fish tank, and yard and finally took more than 50 square meters of residential land at 24 Dien Bien Phu, Ba Dinh District, Hanoi, that my husband, Dr. Cu Huy Ha Vu, inherited from the late poet Xuan Dieu as his adopted child.

These unlawful acts of the Hanoi authorities occurred just over six months after Dr. Vu was brought from the prison in Thanh Hoa, where he served a seven-year sentence for “Conducting propaganda against the State of the Socialist Republic of Vietnam”, to the United States for Dr. Vu’s medical treatment under an agreement between the Vietnamese Government and the US Government. On October 14, 2015, from the United States, Dr. Vu sued Prime Minister Nguyen Tan Dung and the Hanoi People’s Committee in Hanoi People’s Court under the Law on Administrative Procedures. While this Court ignored Dr. Vu’s lawsuit, the Hanoi authorities continued to plan to demolish our property.

On December 13, 2018, the Urban Construction Order Management Squad of Ba Dinh District, Hanoi established a “Report of administrative violations in the field of construction,” arguing that Dr. Vu and I “were building a project without a construction permit” at our home, 24 Dien Bien Phu. As detailed below, this report was fabricated.

First, on December 13, 2018, there was no construction work at our home. The Urban Construction Order Management Squad of Ba Dinh District did not provide any objective evidence of “the project under construction”, such as images of ongoing construction activities, full names of individuals who were conducting construction activities or exhibits and means confiscated (mandatory signs of administrative violations).

Secondly, Dr. Vu and I went to the United States on April 6, 2014 and we have not returned to Vietnam since then. Therefore, it was impossible for us to be present at our house in Hanoi on December 13, 2018 to “build a project without a construction permit.”

Article 12 of the Law on Handling of Administrative Violations stipulates the strictly prohibited acts including “Forging, falsifying dossiers of administrative sanctions, dossiers of application of administrative handling measures.” Therefore, by forging the above-mentioned report the Urban Construction Order Management Squad of Ba Dinh District committed “fraud in performance of duties” as stipulated in Article 359 of the Criminal Code 2015.

The next serious thing is that on 28/01/2019, the Ba Dinh District People’s Committee on the basis of this forged report issued Decision on Application of Remedial Measures to demolish our property, thus directly threatening the life of our oldest son, Cu Huy Xuan Duc, and his own family, who still live there. On February 11, Mr. Cu Huy Xuan Duc sent CPV General Secretary, State President Nguyen Phu Trong and Prime Minister Nguyen Xuan Phuc emergency denunciations against the Ba Dinh District People’s Committee for issuing this unlawful decision (attached) against us.

Whether or not the rule of law still exists in Vietnam depends on the two highest Vietnamese leaders resolving the denunciations of Mr. Cu Huy Xuan Duc under the Vietnamese Constitution and laws.

 

CU HUY XUAN DUC - Emergency Denunciation Against the Ba Dinh District People's Committee to President Nguyen Phu Trong - February 11-2019 - Postal receiptCU HUY XUAN DUC - Emergency Denunciation Against the Ba Dinh District People's Committee to Prime Minister Nguyen Xuan Phuc - February 11-2019 - Postal receipt


SOCIALIST REPUBLIC OF VIETNAM

Independence – Liberty – Happiness

————————————

Hanoi, February 11, 2019

Emergency Denunciation Against the Ba Dinh District People’s Committee for issuing an unlawful decision on application of remedial measures to Mr. Cu Huy Ha Vu and Mrs. Nguyen Thi Duong Ha

Dear Mr. Nguyen Phu trong, CPV Secretary, President of Vietnam

I, the undersigned, Cu Huy Xuan Duc, son of Mr. Cu Huy Ha Vu, who is the sole heir of the late Poet Xuan Dieu, and Mrs. Nguyen Thi Duong Ha, represent the late Poet Xuan Dieu’s household at 24 Dien Bien Phu, Hanoi. I extend to you respectful greetings.

Pursuant to the Law on Denunciation, I submit to you this denunciation against the Ba Dinh District People’s Committee for issuing an unlawful decision on application of remedial measures to Mr. Cu Huy Ha Vu and Mrs. Nguyen Thi Duong Ha to destroy and illegally take the property of Mr. Vu and Mrs. Ha as well as the late Poet Xuan Dieu’s household.

FACTS

I. Report of administrative violations in the field of construction No.04/BB-VPHC-DB dated December 13, 2018 by the Urban Construction Order Management Squad of Ba Dinh District

On December 21, 2018, the Urban Construction Order Management Squad of Ba Dinh District posted on my front gate a Report of Administrative Violations in the Field of Construction No.04/BB-VPHC-DB dated December 13, 2018 (certified copy dated December 21, 2018 by the Dien Bien Ward People’s Committee enclosed.)

The main contents of the Report are as follows:

  • The Report was based on a record dated December 13, 2018 by the Urban Construction Order Management Squad of Ba Dinh District;
  • The Report was prepared by 11 civil servants of the Urban Construction Order Management Squad of Ba Dinh District and 7 witnesses;
  • The Report claims Mr. Cu Huy Ha Vu and Mrs. Nguyen Thi Duong Ha committed administrative violations: construction without permission (Point 1 and Point 2);
  • Location where administrative violations were committed: in the precincts of 24 Dien Bien Phu street, on the side of Dien Bien Phu street, between the front gates of 24 and 26 Dien Bien Phu (currently the eyewear shop “Viet Tin”) (Point 2);
  • We asked the offenders to immediately stop their administrative violations (for ongoing construction) (Point 8);
  • The report was completed by 11:30 am, December 13, 2018;
  • 01 copy of report was given to Mr. Cu Huy Ha Vu and Mrs. Nguyen Thi Duong Ha as offenders.
  • 01 copy of report was given to Mr. Cu Huy Xuan Duc, as manager and user of the project.

The report of the Urban Construction Order Management Squad of Ba Dinh District is a forgery as demonstrated below.

  1. On December 13, 2018, at the location of Viet Tin eyewear shop, 24 Dien Bien Phu, there was no construction works. The Urban Construction Order Management Squad of Ba Dinh District did not provide any objective evidence of “the project under construction”, such as images of ongoing construction activities, full names of individuals who were conducting construction activities or exibits and means confiscated (mandatory signs of administrative violations).
  2. On December 13, 2018, Viet Tin eyewear shop operated normally. If there were construction activities without construction permit at Viet Tin’s location, the Urban Construction Order Management Squad of Ba Dinh District would have asked Viet Tin’s employees to be witnesses and written their names in the report.
  3. The report said: “We asked the offenders (Mr. Cu Huy Ha Vu and Mrs. Nguyen Thi Duong Ha) to immediately stop their administrative violations (for ongoing construction).” However, Mr. Cu Huy Ha Vu and Mrs. Nguyen Thi Duong Ha went to the United States on April 6, 2014 for Mr. Vu’s medical treatment under an agreement between the Vietnamese Government and the US Government. Since then, Mr. Vu and Ms. Ha have not returned to Vietnam. Therefore, it was impossible for Mr. Vu and Mrs. Ha to be present in Hanoi at that time for the urban construction order management squad of Ba Dinh District to ask them to stop “the project under construction”.

Article 12 of the Law on Handling of Administrative Violations stipulates the strictly prohibited acts including “Forging, falsifying dossiers of administrative sanctions, dossiers of application of administrative handling measures.” Therefore, by forging the above mentioned report the Urban Construction Order Management Squad of Ba Dinh District committed “fraud in performance of duties” stipulated in Article 359 of the Criminal Code 2015.

It should be added that the late Poet Xuan Dieu’s household has been doing business at the location of Viet Tin eyewear shop from 1996 (successively selling soft drinks, mobile phones and eyeglasses).

 

  • Decision on Application of Remedial Measures No. 166 / QD-UBND dated 28/01/2019 of Ba Dinh District People’s Committee

 

On January 29, 2019, the Ba Dinh District People’s Committee posted on the front gate of my house the Decision on Application of Remedial Measures No. 166 / QD-UBND dated January 28, 2019 of Ba Dinh District People’s Committee, which was signed by Vice Chairman Ta Nam Chien (photocopy enclosed).

The main contents of the Report are as follows:

  1. Mr. Cu Huy Ha Vu and his wife, Mrs. Nguyen Thi Duong Ha, are the investors of a project violating construction order at 24 Dien Bien Phu, Dien Bien Ward, Ba Dinh District, Hanoi (their son, Mr. Cu Huy Xuan Duc, as manager and user of the project) (Article 1, Clause 1);
  2. The investors (Mr. Cu Huy Ha Vu and his wife, Mrs. Nguyen Thi Duong Ha) are required to dismantle the construction work without permission as determined by the Report of Administrative Violations in the Field of Construction No. 04 / BB-VPHC-ĐB on December 13, 2018 of the Urban Construction Order Management Squad of Ba Dinh District, within 15 days after receiving the Decision (Article 1, Clause 5);
  3. The Decision was given to Mr. Cu Huy Ha Vu, his wife, Mrs. Nguyen Thi Duong Ha and Mr. Cu Huy Xuan Duc, their son, manager and user of the project, to abide by. Remedial measures are applied to Mr. Cu Huy Ha Vu and Mrs. Nguyen Thi Duong Ha. In case Mr. Cu Huy Ha Vu and Mrs. Nguyen Thi Duong Ha do not voluntarily abide by the Decision, the Decision will be enforced under the law (Article 3, Clause 1.)

This decision is unlawful as it is based on the forged Report of Administrative Violations in the Field of Construction dated December 13, 2018 by the Urban Construction Order Management Squad of Ba Dinh District as demonstrated above.

It should be clearly stated that this unlawful decision of the Ba Dinh District People’s Committee is part of a plan of the Hanoi authorities to destroy and illegally take the  house and residential land of the late poet Xuan Dieu’s household at 24 Dien Bien Phu. That was what I denounced in my petitions, which were sent by post to you on October 24, 2018 and January 2, 2019, to rescue the late Poet Xuan Dieu’s family from having their house and residential land illegally taken by Hanoi authorities.

REQUEST

In order to protect the property and legal rights of Mr. Cu Huy Ha Vu, Mrs. Nguyen Thi Duong Ha and the late Poet Xuan Dieu’s household, as well as to prove the existence of the rule of law in Vietnam, I respectfully request that you, Mr. President:

 

  • Handle this Denunciation in accordance with 2018 Law on Denunciation, cancel Decision on Application of Remedial Measures No. 166 / QD-UBND dated January 28, 2019 of Ba Dinh District People’s Committee as this Decision is based on the forged Report of Administrative Violations in the Field of Construction dated December 13, 2018 by the Urban Construction Order Management Squad of Ba Dinh District.

 

 

  • Handle denunciations in my petitions, which were sent by post to you on October 24, 2018 and January 2, 2019, to rescue the late Poet Xuan Dieu’s family from having their house and residential land illegally taken by Hanoi authorities.

 

I fully believe that you, as the country’s highest leader, will carry out your historical responsibility while handling this Denunciation.

Sincerely yours,                                

ON BEHALF OF MR. CU HUY HA VU AND MRS. NGUYEN THI DUONG HA

                     AND THE LATE POET XUAN DIEU’S HOUSEHOLD                                                                                         

                                         Cu Huy Xuan Duc (Signed)

                                               Phone: 0339212801

Addressee:

– Mr. Nguyen Phu Trong, CPV Secretary, President of Vietnam;

– Mr. Cu Huy Ha Vu and Mrs. Nguyen Thi Duong Ha;

– The late Poet Xuan Dieu’s household;

– Cu Huy Xuan Duc for personal achive.


SOCIALIST REPUBLIC OF VIETNAM

Independence – Liberty – Happiness

————————————

Hanoi, February 11, 2019

Emergency Denunciation Against the Ba Dinh District People’s Committee for issuing an unlawful decision on application of remedial measures to Mr. Cu Huy Ha Vu and Mrs. Nguyen Thi Duong Ha

Dear Mr. Nguyen Xuan Phuc, Prime Minister

I, the undersigned, Cu Huy Xuan Duc, son of Mr. Cu Huy Ha Vu, who is the sole heir of the late Poet Xuan Dieu, and Mrs. Nguyen Thi Duong Ha, represent the late Poet Xuan Dieu’s household at 24 Dien Bien Phu, Hanoi. I extend to you respectful greetings.

Pursuant to the Law on Denunciation, I submit to you this denunciation against the Ba Dinh District People’s Committee for issuing an unlawful decision on application of remedial measures to Mr. Cu Huy Ha Vu and Mrs. Nguyen Thi Duong Ha to destroy and illegally take the property of Mr. Vu and Mrs. Ha as well as the late Poet Xuan Dieu’s household.

FACTS

 

  • Report of administrative violations in the field of construction No.04/BB-VPHC-DB dated December 13, 2018 by the Urban Construction Order Management Squad of Ba Dinh District

 

On December 21, 2018, the Urban Construction Order Management Squad of Ba Dinh District posted on my front gate a Report of Administrative Violations in the Field of Construction No.04/BB-VPHC-DB dated December 13, 2018 (certified copy dated December 21, 2018 by the Dien Bien Ward People’s Committee enclosed.)

The main contents of the Report are as follows:

  • The Report was based on a record dated December 13, 2018 by the Urban Construction Order Management Squad of Ba Dinh District;
  • The Report was prepared by 11 civil servants of the Urban Construction Order Management Squad of Ba Dinh District and 7 witnesses;
  • The Report claims Mr. Cu Huy Ha Vu and Mrs. Nguyen Thi Duong Ha committed administrative violations: construction without permission (Point 1 and Point 2);
  • Location where administrative violations were committed: in the precincts of 24 Dien Bien Phu street, on the side of Dien Bien Phu street, between the front gates of 24 and 26 Dien Bien Phu (currently the eyewear shop “Viet Tin”) (Point 2);
  • We asked the offenders to immediately stop their administrative violations (for ongoing construction) (Point 8);
  • The report was completed by 11:30 am, December 13, 2018;
  • 01 copy of report was given to Mr. Cu Huy Ha Vu and Mrs. Nguyen Thi Duong Ha as offenders.
  • 01 copy of report was given to Mr. Cu Huy Xuan Duc, as manager and user of the project.

The report of the Urban Construction Order Management Squad of Ba Dinh District is a forgery as demonstrated below.

  1. On December 13, 2018, at the location of Viet Tin eyewear shop, 24 Dien Bien Phu, there was no construction works. The Urban Construction Order Management Squad of Ba Dinh District did not provide any objective evidence of “the project under construction”, such as images of ongoing construction activities, full names of individuals who were conducting construction activities or exibits and means confiscated (mandatory signs of administrative violations).
  2. On December 13, 2018, Viet Tin eyewear shop operated normally. If there were construction activities without construction permit at Viet Tin’s location, the Urban Construction Order Management Squad of Ba Dinh District would have asked Viet Tin’s employees to be witnesses and written their names in the report.
  3. The report said: “We asked the offenders (Mr. Cu Huy Ha Vu and Mrs. Nguyen Thi Duong Ha) to immediately stop their administrative violations (for ongoing construction).” However, Mr. Cu Huy Ha Vu and Mrs. Nguyen Thi Duong Ha went to the United States on April 6, 2018 for Mr. Vu’s medical treatment under an agreement between the Vietnamese Government and the US Government. Since then, Mr. Vu and Ms. Ha have not returned to Vietnam. Therefore, it was impossible for Mr. Vu and Mrs. Ha to be present in Hanoi at that time for the urban construction order management squad of Ba Dinh District to ask them to stop “the project under construction”.

Article 12 of the Law on Handling of Administrative Violations stipulates the strictly prohibited acts including “Forging, falsifying dossiers of administrative sanctions, dossiers of application of administrative handling measures.” Therefore, by forging the above mentioned report the Urban Construction Order Management Squad of Ba Dinh District committed “fraud in performance of duties” stipulated in Article 359 of the Criminal Code 2015.

It should be added that the late Poet Xuan Dieu’s household has been doing business at the location of Viet Tin eyewear shop from 1996 (successively selling soft drinks, mobile phones and eyeglasses).

 

  • Decision on Application of Remedial Measures No. 166 / QD-UBND dated 28/01/2019 of Ba Dinh District People’s Committee

 

On January 29, 2019, the Ba Dinh District People’s Committee posted on the front gate of my house the Decision on Application of Remedial Measures No. 166 / QD-UBND dated January 28, 2019 of Ba Dinh District People’s Committee, which was signed by Vice Chairman Ta Nam Chien (photocopy enclosed).

The main contents of the Report are as follows:

  1. Mr. Cu Huy Ha Vu and his wife, Mrs. Nguyen Thi Duong Ha, are the investors of a project violating construction order at 24 Dien Bien Phu, Dien Bien Ward, Ba Dinh District, Hanoi (their son, Mr. Cu Huy Xuan Duc, as manager and user of the project) (Article 1, Clause 1);
  2. The investors (Mr. Cu Huy Ha Vu and his wife, Mrs. Nguyen Thi Duong Ha) are required to dismantle the construction work without permission as determined by the Report of Administrative Violations in the Field of Construction No. 04 / BB-VPHC-ĐB on December 13, 2018 of the Urban Construction Order Management Squad of Ba Dinh District, within 15 days after receiving the Decision (Article 1, Clause 5);
  3. The Decision was given to Mr. Cu Huy Ha Vu, his wife, Mrs. Nguyen Thi Duong Ha and Mr. Cu Huy Xuan Duc, their son, manager and user of the project, to abide by. Remedial measures are applied to Mr. Cu Huy Ha Vu and Mrs. Nguyen Thi Duong Ha. In case Mr. Cu Huy Ha Vu and Mrs. Nguyen Thi Duong Ha do not voluntarily abide by the Decision, the Decision will be enforced under the law (Article 3, Clause 1.)

This decision is unlawful as it is based on the forged Report of Administrative Violations in the Field of Construction dated December 13, 2018 by the Urban Construction Order Management Squad of Ba Dinh District as demonstrated above.

It should be clearly stated that this unlawful decision of the Ba Dinh District People’s Committee is part of a plan of the Hanoi authorities to destroy and illegally take the  house and residential land of the late poet Xuan Dieu’s household at 24 Dien Bien Phu. That was what I denounced in my petitions, which were sent by post to you on October 24, 2018 and January 2, 2019, to rescue the late Poet Xuan Dieu’s family from having their house and residential land illegally taken by Hanoi authorities.

REQUEST

In order to protect the property and legal rights of Mr. Cu Huy Ha Vu, Mrs. Nguyen Thi Duong Ha and the late Poet Xuan Dieu’s household, as well as to prove the existence of the rule of law in Vietnam, I respectfully request that you, Mr. Prime Minister:

 

  • Handle this Denunciation in accordance with 2018 Law on Denunciation, cancel Decision on Application of Remedial Measures No. 166 / QD-UBND dated January 28, 2019 of Ba Dinh District People’s Committee as this Decision is based on the forged Report of Administrative Violations in the Field of Construction dated December 13, 2018 by the Urban Construction Order Management Squad of Ba Dinh District.

 

 

  • Handle denunciations in my petitions, which were sent by post to you on October 24, 2018 and January 2, 2019, to rescue the late Poet Xuan Dieu’s family from having their house and residential land illegally taken by Hanoi authorities.

 

I fully believe that you, as head of government, will carry out your historical responsibility while handling this Denunciation.

Sincerely yours,                                

ON BEHALF OF MR. CU HUY HA VU AND MRS. NGUYEN THI DUONG HA

                     AND THE LATE POET XUAN DIEU’S HOUSEHOLD                                                                                         

                                         Cu Huy Xuan Duc (Signed)

                                               Phone: 0339212801

Addressee:

– Mr. Nguyen Xuan Phuc, Prime Minister;

– Mr. Cu Huy Ha Vu and Mrs. Nguyen Thi Duong Ha;

– The late Poet Xuan Dieu’s household;

– Cu Huy Xuan Duc for personal achive.

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