Court separates claim from administrative case vụ In 2015, Mr. Tien (Mrs. Ngoc’s husband) won the auction of two stalls in Cao Lanh City’s cage and signed a contract with the management board of the market to sell sports equipment. After that, he asked to switch to selling cosmetics and was approved by the Finance – Planning Department, so he bought more than 500 million dong of goods for sale. More than a month later, he had his license to sell cosmetics revoked. The market management board of Cao Lanh city, Dong Thap province seized the goods of Mrs. Dang Thi Bich Ngoc and her husband. Photo: YC In July 2016, Chairman of the City People’s Committee Cao Lanh fined Ms. Ngoc 2.5 million dong for doing business as a household business without a business household registration license in accordance with the law. Ms. Ngoc complained but was denied. Because she still sells cosmetics, the chairman of the City People’s Committee again fined her 3 million dong. Ms. Ngoc sued all three of the above decisions. Then she closed the counter, waiting for the trial, the market management board unlocked the stall by itself, seizing all the cosmetics. In 2018 and 2019, the People’s Court of Dong Thap province and the High People’s Court in Ho Chi Minh City both accepted the petition of Ms. Ngoc and her husband, declaring to cancel all three decisions. The claim was separated by the court into another case. Accepted for nearly two years, brought to trial three times and then suspended According to the instructions of the two judgments above, Ms. Ngoc and her husband went to sue the Chairman of the People’s Committee and the People’s Committee of Cao Lanh City for compensation. Specifically, regarding the compensation claim, the first instance court said that it was not related to administrative decisions but to civil business and commercial relations, so it should be separated into another case. As for the appellate court, it clearly states that “the fact that the market management board officers counted, counted and sealed the goods Ms. Ngoc was selling, if causing damage to Ms. Ngoc, she has the right to sue these people to demand compensation for the damage. by another case”. Since then, she has sued the president and Cao Lanh City People’s Committee for compensation as instructed by the two courts. However, the Cao Lanh City People’s Court, after accepting this case for nearly two years and bringing it to trial three times, suspended it on the grounds that the lawsuit claim had been settled by a legally effective judgment. Previously, at the trial on March 25, 2021, the trial panel paused the trial and transferred the file to the police agency to see if there were signs of criminal offense when losing her box… As soon as she received the decision, Ms. Ngoc appealed the request to cancel the suspension decision and asked the court to continue the settlement. According to Ms. Ngoc, the court’s suspension is to deprive her of her right to sue, which is an illegal act. At the same time, Ms. Ngoc also filed a complaint against the judge who was handling the case because she thought that the judge was not objective, lacked transparency, and issued an illegal suspension decision. Court accepted the reason there was “misunderstanding” Talking to PV, the judge dealing with the case said that Ms. Ngoc must sue the market management board about a contract dispute or a civil dispute for compensation for damage from the contract. The judge analyzed: Ms. Ngoc asked the Chairman of the People’s Committee and the People’s Committee of Cao Lanh City to pay compensation due to the administrative decision, the appellate judgment of the High People’s Court was resolved (rejecting the request because the above decisions were not the original reason). directly causing damage to Ms. Ngoc). Reporter asked: “If so, why is the court still accepting, after nearly two years and three times of trial, it has been suspended?”. The judge admitted the court also had a “misunderstanding”. After a period of research, she realized that the court stopped her and allowed her to sue again with another case. Court suspension: Wrong or right? Commenting on this issue, Dr. Nguyen Van Tien, Deputy Dean of the Civil Faculty of Ho Chi Minh City University of Law, said that: According to the notice not to prosecute the case of Cao Lanh City Police and the decision to settle the complaint of the Procuracy. It was found that due to the direction of the Chairman of the People’s Committee and the People’s Committee of Cao Lanh City, the market management board came to seize the goods. Therefore, the fact that Ms. Ngoc sued the Chairman of the People’s Committee and the People’s Committee of Cao Lanh City is grounded. However, even if the market management board follows the instructions, they are still the ones who directly seize the goods leading to damage, so the market management board must be responsible. The Finance – Planning Department (with written consent for Ms. Ngoc to convert the counter into a cosmetic business) together with the Market Management Board to seize the goods, should also be jointly responsible. According to Dr. Tien, the general rule is that whoever causes damage must compensate. Therefore, Ms. Ngoc can sue the Chairman of the People’s Committee, the People’s Committee of Cao Lanh City, the Market Management Board and the Finance – Planning Department to jointly compensate for damage caused by the illegal seizure of goods. Dr. Tien said that the court’s suspension on the grounds that Ms. Ngoc’s request was resolved was not convincing. In this case, the court needs to clarify the cause-and-effect relationship between the decision-making and direction of the City People’s Committee and the seizure of goods by the market management board. It can be seen that the cause of the incident was partly from the direction of the City People’s Committee, but the market management board did not voluntarily implement it. Therefore, Ms. Ngoc’s lawsuit to request the defendants to jointly compensate must be considered an unresolved claim as determined by the first-instance and appellate judgments in the previous administrative case. Sued additional market management board, why still suspend? Before filing the lawsuit, I reported the seizure of goods to the police to investigate the crime of openly appropriating property. However, the police and the People’s Procuracy of Cao Lanh city said that the market management board performed the tasks assigned by the People’s Committee of Cao Lanh City, with no signs of crime. Therefore, my wife and I sued the Chairman of the People’s Committee and the People’s Committee of Cao Lanh City. My third additional claim is that the Chairman of the People’s Committee, Cao Lanh City People’s Committee, Market Management Board, Finance – Planning Department (under Cao Lanh City People’s Committee, participating as a related person) must jointly compensate usually the amount of goods illegally seized (nearly 500 million dong), not a claim for compensation caused by an administrative decision. Mrs DANG THI BICH NGOC

Strength of Tesla electric car is the ability to upgrade the vehicle’s software over a network connection, similar to what today’s smartphone models do. However, not every software upgrade that the US automaker has released also brings benefits to users. Recently, a court in Norway has declared Tesla brand penalty due to the limitation of the vehicle’s charging current as well as the vehicle battery capacity. Accordingly, the US electric vehicle brand must compensate 16,000 USD (365 million VND) for each customer affected by this software upgrade. It is known that most Tesla models with limited charging current and battery capacity are Model S and Model X vehicles equipped with high-capacity 85 kWh battery packs. Currently this battery pack has been discontinued in 2016. Tesla electric vehicle models equipped with 85kWh battery packs have been affected by the software update Over the past few years, many Tesla car users have complained about the car having a shorter range after a major software update rolled out in 2019. In connection with this incident, many users have created many Hot topics and discussions on the Reddit platform and Tesla car user forums. Some users said that after the Tesla electric car was upgraded with software, the vehicle’s travel range was reduced by about 20 km compared to before. Also because of the above incident, many people have filed a lawsuit in the California court. In this indictment, the user accuses the Tesla car brand of using the car battery capacity limit feature through a software update. As such, it appears that Tesla’s software update affects not only users in the US but also a lot of people in other markets, including Norway, where the courts have sided with users. A representative of the US electric car company said that the software upgrades that users complain about are important, in order to “protect the battery pack as well as improve its usage life”. It is known that after the court ruling in Norway, Tesla will have a few weeks to appeal. A representative of the US electric car company said that the software upgrades that users complain about are important, in order to “protect the battery pack as well as improve its usage life”. The class-action lawsuit against Tesla in the US is still pending.

Plaintiffs stated in a press release on Tuesday (May 11) that Apple’s standard 30% fee is “excessive” and “illegal.” The case was formally brought to the Court of Antitrust Appeal in London, demanding that Apple compensate for the outrageous fees it has charged UK iPhone and iPad users over the years. The plaintiffs allege that as of October 2015, any UK iPhone and iPad user who has purchased a paid app, paid subscription, or made other in-app purchases is entitled to compensation. . They estimate that Apple could face more than $2.1 billion in damages. Apple is constantly facing lawsuits. The lead plaintiff in this case, Rachael Kent, a professor at King’s College London, said: “Apple has abused its dominant position in the app store market, thereby harming UK consumers. “. Through studying consumer interaction and dependence on digital platforms, Rachael Kent confirms it. In response, Apple called the lawsuit “baseless” and said in an email: “We believe there is no basis for a lawsuit, but the court welcomes the opportunity to discuss it with us and our unwavering commitment to consumers. This is the same as the UK App Store creating one. The new economy brings a lot of benefits.” “The standard of commission that the App Store charges is very close to that of all other digital platforms. In fact, 84% of the apps in the App Store are free and these developers won’t. pay Apple any fees. For some developers who pay Apple commissions for selling digital products or services, they qualify for the low 15% interest rate.” , Apple continues to share. However, the plaintiff alleges that Apple intentionally excluded competition and forced ordinary users to use its own payment processing system, thereby illegally bringing high profits to the company. . Previously, the famous game developer Epic Games in the US also alleged that Apple’s platform operates exclusively, fraudulently, affecting the interests of developers and consumers. Meanwhile, another lawsuit in the UK also targets Apple, focusing on the damage Apple causes to consumers, not developers. Earlier this year, Apple reduced the App Store fee for some developers from 30% to 15%. Developers with an annual income of less than $1 million and developers new to the platform can enjoy lower fees. In recent times, Apple has also faced strong opposition from global regulators and developers. They accuse Apple of being only interested in its own interests, offering unfair fees and coercive policies. This situation is threatening Apple’s billions of dollars in revenue. Last month, the European Commission issued a statement opposing Apple, detailing how Apple abused its “gatekeeper” rights over music streaming apps in the App Store.

Zhang Yazhou made a riot at the Tesla booth in April and shouted that “Tesla broke the brake”. Photo: Global Times. According to the The Beijing News Yazhou requested a compensation of 50,000 yuan, about 7,700 USD, to compensate for the mental damage caused by the incident to herself and her family. The lawsuit was filed in a court in China’s Henan province on May 6. The story originates from an accident that happened in February this year, when Yazhou’s father was driving a Tesla Model 3, while Yazhou was sitting in the passenger seat. An unexpected incident occurred, the car crashed into the vehicle ahead, injuring Yazhou’s father and hospitalized. Yazhou asserted that the faulty brake system led to the accident, and carried out a series of different demonstrations, even looking to the riotous Shanghai Auto Show at the Tesla booth. Tesla is facing many complaints about customer service in China. Photo: Reuters. Tesla then released the car’s black box data, saying that in about 30 minutes before the crash, the car accelerated at times to nearly 120 km / h, braking 40 times and significantly reduced speed. degrees at the moment before the crash. Tesla doubted the incident might stem from Yazhou’s father speeding the car and not keeping a safe distance from the car in front. Yazhou of course disagrees with this conclusion of Tesla and thinks that the company may have interfered with the data to put false information. Although Tesla had offered to ask another independent unit to check the data from the vehicle, Yazhou refused. Tao Lin – Tesla’s vice president of global operations, said in a statement on April 19 that every action of Zhang Yazhou was “professional”, as if someone was behind to support her. This entire scheme is intended to undermine Tesla’s reputation. This is also the reason for Yazhou client’s decision to sue Ms. Tao Lin. In addition, Tesla Shanghai and Tesla Beijing are also on the list to be sued. In addition to the cost of compensation, Yazhou also asked all three of the aforementioned individuals and organizations to immediately stop the accusations, write letters of apology and post their apologies publicly on the national media. The cost of the lawsuit must also be paid by Tesla’s side. In the lawsuit, Zhang Yazhou also said that Tesla “should have actively negotiated and handled” product quality issues “with a demand and customer-focused attitude.” Instead, she accused the automaker of “making false statements to create a negative image” of her.

The land data source with a ‘age’ of nearly 20 years and a series of errors compared to the actual land use situation makes the compensation workers at the Long Thanh Airport project always face the risk. engine ‘do it wrong’. Officer working in compensation at Long Thanh Airport project measured to determine the level of compensation and support for a house of a household in Binh Son commune. Photo: Pham Tung * “Thrilled” with each profile According to the land use right certificate (now collectively referred to as the pink book) issued to Mr. Tran Van Huu (living in Phuoc Thien commune, H. Nhon Trach) in 1999 by the People’s Committee of H. Long Thanh, in 1999, Mr. Tran Van Huu is a person. have use rights to 15 land plots with a total area of ​​more than 2.1 ha in Binh Son commune, Long Thanh district. However, in 2019, when measuring and updating current land use to implement the policy of compensation and support under the project of Land Acquisition, Compensation, Support and Resettlement at Long Thanh Airport, Counting Team No. 1, belonging to the Compensation Team of Long Thanh Airport project, discovered that 2 of the 15 land plots that have been issued pink books are not under the use right of Mr. Tran Van Huu. This is just one of many cases where the error between the pink book has been issued to the people and the actual land use situation in the project area of ​​Long Thanh Airport. Mr. Le Van Tiep, Acting Chairman of People’s Committee of Long Thanh District, said that if in normal projects, the work of compensation and site clearance is only about 14 steps, in the project of Long Thanh Airport, due to the If the land is old, it must take 20 steps to ensure accuracy and coherence. Mr. Bui The Su, a second officer of the Department of Natural Resources and Environment, to work at the Counting Team No. 1, under the Project Compensation Team of Long Thanh Airport, said that the Long Thanh Airport project had a very strong planning policy. After a long “waiting” period, data on land in the project area is not updated or supplemented, making errors in the origin and current land use occur very common. “From 2003 onwards, pink books issued to people were often written by hand instead of printed today. At the same time, the technology system for land data management was also outdated, so the overlapping and wrong allocation of land plots happened a lot ”- Mr. Bui The Su said. Seconded to support the implementation of land acquisition and site clearance for the Long Thanh Airport project from March 2019, over a year of working, Mr. Bui The Su said that there were errors in land data. Belt still occurs frequently in projects, however, large numbers such as in the Long Thanh Airport project are very few. “The reason, apart from outdated land data, is also due to the area of ​​land to be acquired, the number of affected households in the Long Thanh Airport project is also very large”. Many errors in land data put pressure on the compensation workers at the Long Thanh Airport project. In particular, the heaviest pressure is the risk of incorrectly confirming the current land use status, leading to the implementation of the policy of compensation and support for the wrong subjects. “Although I have done the verification and verification very carefully, each time I put a pen to sign to confirm the record, I still feel nervous” – Mr. Bui The Su shared. Both ensuring the progress of the compensation work and avoiding errors in the verification and confirmation of the file is the biggest challenge that the team of cadres and civil servants doing the compensation work at the Long Thanh Airport project. must face to face. Mr. Le Nguyen Hoang An, Head of Compensation Team of Long Thanh Airport project, said that for dossiers with a discrepancy between the pink book and current land use, the settlement usually takes a lot of time. Accordingly, the enumeration teams must coordinate with the Commune People’s Committee to accurately verify the current land use status. After that, the parties will invite the person whose name is on the pink book and the actual land user to work and negotiate the current land use status. When completed, the authorities must withdraw the issued pink book and decide to notify the land acquisition previously issued to issue a new decision on land acquisition in accordance with the current status. “In each case as above, the implementation process takes from 8 months to 1 year. Meanwhile, the pressure on site clearance progress to hand over land to investors is huge. Therefore, the compensation team has to work almost non-stop for more than 2 years ”- Mr. Le Nguyen Hoang An said. * Mobilizing people to consensus One of the biggest challenges facing the compensation workers at the Long Thanh Airport project is the discrepancy in land area on the pink book of the people and the actual situation. Mr. Bui The Su (left) and Mr. Le Nguyen Hoai An exchange to process a claim file of Long Thanh Airport project. Photo: Pham Tung The main reason for the difference in land area also comes from the “old” land data system in the project area of ​​Long Thanh Airport. The project area of ​​Long Thanh Airport has been planned for a long time, so the cadastral map is still a map that was made nearly 20 years ago. Specifically, the cadastral map in the planning area of ​​Long Thanh airport was made in 1996 according to the old aerial image measurement technology, the accuracy is not high. Meanwhile, according to the 2013 Land Law, the implementation of the policy of compensation and support when the State recovers land must be based on the actual area being used. Therefore, to carry out the compensation work, the entire land area of ​​the Long Thanh Airport project must be re-measured according to the current new technologies to ensure accuracy. Through the measurement process, the misalignment of the land area in the project area occurs a lot. “The number of dossiers for the difference in the area issued on the pink book compared to the current land use situation is up to hundreds of cases” – said Mr. Le Nguyen Hoai An. According to Mr. Le Nguyen Hoai An, if the land area on the pink book is equal to or larger than the actual land area, it is easy, but if it is smaller, it is extremely complicated. Because, people always base on the issued pink book to determine the area of ​​land under their use rights. Explaining and mobilizing people to accept “losing land” to correct the current land use situation is very arduous. “An inch of land. Therefore, in addition to the implementation of the compensation work, the people doing the compensation work in the project of Long Thanh Airport also have to also work on the civil service ”- Mr. An shared. Taking the evidence for the “double” task that the compensation workers have to perform in the Long Thanh Airport project, Mr. Le Nguyen Hoai An said that up to now, the Compensation Team of Long Thanh Airport project has recognized the most likely case of “losing” land is that of a household in Hamlet 7, Binh Son Commune when the actual land area decreases by 2 thousand m2 compared to the area granted on the pink book. Therefore, it took nearly a year with dozens of meetings between the authorities and the people. Just presenting the actual evidence after measurement, combined with propaganda and advocacy, the above households agree to complete the dossier. “Accepting to reduce 2 thousand m2 of land is accepting to lose hundreds of millions of money in compensation and support, so it is not easy for people to agree” – Mr. Le Nguyen Hoai An shared. Dong Nai has mobilized a contingent of cadres, civil servants and public employees up to 142 people to participate in the work of compensation and site clearance for the Long Thanh Airport project. Among these, there are 86 cadres, civil servants and public employees, who are seconded from agencies, departments, branches of the province and districts in the province; 7 cadres, civil servants and officials from the land fund development centers of districts and 49 cadres, civil servants and employees of the Hong Thanh Land Fund Development Center. Pham Tung Lesson 2: Historical “immigration”

On the afternoon of April 22, Ky Anh town held a meeting to meet, direct dialogue between the head of the party committee, the town government and the party secretary, village chief, population group leader in the area. At the dialogue meeting, leaders of Ky Anh town reported on the results of implementing political tasks after the Second Town Party Congress, directions and tasks in the coming time; Report on the election of deputies to the XV National Assembly and People’s Councils at all levels for the term 2021-2026. The leader of Ky Anh town affirmed that, over the past time, despite many difficulties, but with the motto: proactive, creative, deep, drastic, specific, party committee, Ky Anh town government has directed the effective implementation of programs, resolutions and projects proposed by the province and town. Leaders of Ky Anh town presided over the dialogue In the spirit of democracy, frankly, the delegates raised many dialogues with the head of the party committee, the town government in the fields related to the implementation of political duties, land clearance and compensation. support, resettlement, NTMs building, civilized urban areas … have a direct impact on production, life and daily life of the people, especially related to the upcoming election preparation. Permanent Deputy Secretary of the Town Party Committee, Chairman of the town’s People’s Council Phan Duy Vinh informed the results of the implementation of political tasks since the Second Congress of the Party’s Party Committee, the direction of the task in the coming time. The delegates also raised key contents in the field of natural resources and environment such as: granting certificates of land use rights to people in the planning areas; the issue of construction permits is still difficult; infrastructure in many resettlement areas has deteriorated; waste collection and treatment; lack of clean water for domestic use in some residential areas … Mr. Nguyen Xuan Don – Head of Village 3, Tan Phuc Thanh, Ky Loi Commune: “ It is necessary to consider allocating resettlement land to people in Ky Loi commune; pay attention to coastal landslide before the coming stormy season … ” Participants said that it is necessary to have policies to support upgrading infrastructure of resettlement areas; In urban embellishment and environmental sanitation, there is a need for coordination between the people and the authorities at all levels; There must be a separate policy to support the construction of a civilized city in 6 wards in the area … 130 Party cell secretaries, village leaders, and population group leaders in the area participated in the dialogue Besides, the problem of coastal erosion in Ky Loi commune; In Ky Ha commune, there is no storm shelter; urban embellishment work in Hung Tri ward; security work before, during and after the time of the election; Visual propaganda for major holidays and elections … was also recommended by many interested delegates. Mr. Nguyen Quang Tuan – Secretary of Sub-ward of Quarter 2, Hung Tri Ward: “ IN In some places in the center of Hung Tri ward, the collection and collection of waste still have many shortcomings, which need attention and early treatment … ” Regarding the compensation and site clearance, many delegates also worried about the implementation of compensation for fishing gears in Ky Loi commune; Compensation level at projects implemented in the area is still low; provide resettlement land for married children in Ky Loi commune; planning of intercropped land to provide land for children in Ky Ha commune … Chairman of the Town People’s Committee Nguyen Hoai Son receives and explains issues related to site clearance and civilized urban construction. Chairman of the Town People’s Committee Nguyen Hoai Son receives and explains clearly and specifically issues related to compensation, land clearance, resettlement assistance and civilized urban construction. The answers are centralized, go straight to the content and clarify any concerns and problems. Thereby, promptly resolve or propose competent authorities to consider and handle in accordance with regulations. Concluding at the dialogue, on behalf of the head of the party committee, the town government, Secretary of the Party Committee Dang Van Thanh has seriously accepted questions and recommendations, thoughts and aspirations of key cadres. villages, residential groups in the area. Party Secretary Dang Van Thanh concluded at the dialogue For issues that require time to verify and clarify, Secretary of the Party Committee Ky Anh assigns specialized divisions to research, resolve and meet the people’s legitimate requests and aspirations. The dialogue conference is considered as a democratic forum for secretaries of local branches and officials to express their voices and aspirations as well as voice representatives of the people about the situation at the grassroots. to the town leaders … Thereby, contributing to consolidating and strengthening the unity within the Party and the consensus of the People to successfully implement the goals and tasks set out in the Resolution of the Congress of the Party Committee of Ky Anh Town. II, term 2020 – 2025; At the same time, well prepare all conditions for the upcoming election.