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

Tourists visit Linh Ung Pagoda in Son Tra Peninsula (Da Nang City) on the holidays of April 30 and May 1. The long holiday during the holidays of April 30 and May 1 is an ideal time for Da Nang to bounce back after a difficult time. However, the epidemic returned with the same “pain” for Da Nang. The “crushing kick” of the translation In the past time, in order to stimulate tourism demand, Da Nang city has had many promotions and launched attractive tourism products to attract tourists. Specifically, the program “Central region – Magical heritage region” with the cooperation of the localities of Quang Nam, Da Nang, Thua Thien – Hue and Quang Binh. Along with the tourism stimulus program, there are hundreds of promotions offered by tourist sites and establishments to “entice” tourists. Specifically, during the holiday season from April 30 to May 1, Da Nang organizes a series of cultural, art and culinary events, with free tickets to the monuments. The holidays of April 30 and May 1 last 4 days (equivalent to 2020) and the Department of Tourism has expected this holiday to attract nearly 130,000 visitors. However, because there were cases of infection in the community in some provinces, it greatly affected the psychology of tourists, creating fear and cancellation of service bookings, so the total number of visitors Tourism in Da Nang is estimated at 74.6 thousand arrivals, down 42.4% compared to the pre-holiday estimate, of which mainly domestic tourists. The Department of Tourism also said that during the holiday, it is expected that the number of domestic tourists exploited by travel agencies will reach 8,000 (down 50% compared to the pre-holiday estimate). The number of visitors decreased due to the cancellation of service bookings to Da Nang during the holidays of April 30 – May 1 began to increase after the news of a community infection in Ha Nam, creating fear among residents and tourists. guest. At the same time, major events and festivals in Da Nang were also halted due to the complicated developments of the epidemic. Specifically, the Management Board of Ngu Hanh Son Monuments and Landscapes is expected to welcome about 2,000 visitors each holiday. However, before the Covid-19 wave became more and more complicated, the number of visitors to the monument decreased significantly. The same situation also happened at Sun World BaNa Hills tourist area. Accordingly, this resort is expected to welcome more than 10,000 visitors on April 30. However, due to concerns about the epidemic, many groups of tourists canceled the tour, so the number of visitors was not as high as calculated. In addition to canceling the tour, a number of hotels in Da Nang City also appear to have guests who have arrived in Da Nang but changed their plans and checked out earlier. The number of guests canceling rooms and tours in Da Nang through travel agencies decreased by 15-20% during the holidays. “Great damage” Vo Nguyen Giap route that attracts a lot of tourists to visit and relax now becomes quite deserted after the outbreak of Covid-19 in Da Nang. Talking to GD & TD Newspaper, Mr. Nguyen Van Duan – Director of Muong Thanh Luxury Da Nang Hotel said that during the last holiday, the number of guests booking tour rooms at the hotel was quite crowded, about 80-90% of capacity. However, due to fear of disease, tourists canceled the tour simultaneously. Within just a few days, visitors canceled the entire tour and checked out. “Currently the hotel does not have any rooms to operate because the tours and rooms in May have been canceled entirely. In June, there are still no bookings. It is expected that the situation will be very difficult,” said Mr. Duan. Mr. Duan said that the hotel is also persuading tourists to change the tour date. However, if the guest does not agree or the disease situation is still complicated, the hotel will refund the guest. “On normal days, room capacity reaches 40-50%, on holidays it is up to 80-90%. However, the epidemic broke out, so all activities stopped. The damage is extremely large, it is impossible to calculate how much money, “said Mr. Duan. Ms. Truong Thi Hong Hanh – Director of Danang Department of Tourism said that the department is urgently working with other sectors and localities to focus on the prevention of Covid-19 epidemic in the city. “Regarding the city’s solution to restore tourism in the near future, more time is needed because the epidemic is complicated and unpredictable,” said Ms. The fact that tourists quickly cancel tours, cancel rooms when the epidemic is complicated is like a “crushing kick” of the Covid-19 epidemic to the city’s tourism industry and the tourism industry across the country. Because the city’s tourism industry, which has suffered quite a lot of damage due to the Covid-19 epidemic in 2020, is now more damaged.

Reputation of the hero From the pier in Tam Thon Hiep commune, Can Gio district, we followed a canoe to the headquarters of Division 1 – a forest protection unit belonging to the Can Gio Mangrove Management Board (MB). In the midst of the immense water waves, talent Nguyen Hoang Phi, an employee of Can Gio Mangrove Management Board, skillfully allowed a canoe to turn the waves of Long Tau River towards the Dua River, soaring. The wind winds all four sides, taking a full breath, it feels like all the freshness, freshness of the sea, the green forest is going deep into the chest. Belonging to the next generation, he has never held a gun to fight in fierce war days, but when it comes to Rung Sac, Phi can never stop talking. Just right on the Long Tau river, he proudly: “This is a” graveyard “buried hundreds of enemy warships, including many military transport ships with a tonnage of tens of thousands of tons. Come is the river that contributes to the honor of the heroic Rung Sac “. The Standing Deputy Secretary of Ho Chi Minh City Party Committee Tran Luu Quang planted a souvenir tree at Rung Sac Square on April 27, on the occasion of the People’s Committee of the city announcing the Prime Minister’s decision to recognize Can Gio district meeting the new rural standard. 2020 Photo: HOANG Trieu In order to decipher this strategic position, in order to block the enemy’s military supply path, protect our supply forces, on April 15, 1966, the Regional Command decided to establish the Special Forest Military Zone. Sac (later renamed to Group 10 Special Forces of Rung Sac). Since then, Rung Sac is within the range of enemy destruction. Can Gio Mangrove Management Board is managing and protecting 34,713.64 ha of forest and forestry land, of which forest area accounts for 32,446.44 ha; allotted forest protection to 133 households and 11 units. Anh Phi said that in the early years of the resistance war against the US, the forest was dense with trees. But from 1964 onwards, more than 4 million liters of chemicals, 2 million tons of bombs and ammunition of the enemy fell down to devastate, making Rung Sac almost bare. The special mission combatants Rung Sac fell into poverty in the middle of the wild. However, thanks to the “natural la geotung” map with a series of canals, forest trees form favorable walls for guerrilla tactics, shielding our troops from the eyes of the enemy, along with our products. Heaven bestowed and the warfare inherent in the people, Rung Sac base was still not wavering. Residents of the forest After half an hour of floating, the canoe took us to Division 1 headquarters. It was a grade 4 house built on a triangular islet in Tam Thôn Hiệp commune overlooking the Dua River, surrounded by marshland. drown. This is the workplace and living place of 4 officers, employees, managers of 14 households and 28 employees of the subdivision. Mr. Tran Van Ho, Head of Division 1, picked us up and took us around the headquarters. What caught our eyes was the simple leaf kitchen, full of black pots and pans. Mr. Ho pointed to a wood stove hidden in the corner, and said that in the first wave, this wind was very rare. To save money, people only use firewood for cooking. In Can Gio forest, green vegetables are also precious because the soil here is almost completely acidic. If you want to grow vegetables, you need to invest in soil, manure and fresh water from the shore. However, the most precious is still fresh water. Only the rainwater tanks located around the Division 1 headquarters, Mr. Ho explained: “The water here is 120,000 VND / block, but sometimes there are boats changing. Therefore, the subdivision is equipped with these tanks to catch the water. rain water used. Many households around, when the water runs out, often stop by and ask, whoever wants to scoop as much as possible “. Telephone waves in Rung Sac are “luxury”. Where the waves can be caught, the forest guard leaves the phone “catchy” like this. Photo: TUYET TRINH Seeing that on a number of pillars in the kitchen where there are many horizontal plastic bottles, we asked curiously, Mr. Ho replied: “This is the phone holder to … catch the signal”. It turns out, not only lack of necessities, but also the telephone signal here is a “luxury”. Where you can catch the phone signal, you tie up bottles like this to mark it. Lack of and many things, Mr. Ho has been sticking to the forest for more than 20 years. “So attached, now I no longer think about going ashore looking for another job. Getting acquainted with the muddy smell, the taste of salty water here and I can not leave,” – he said, his eyes dazed. up steadiness, steadfastness. Mr. Ho took us to visit the people of the second generation who are continuing their parents to protect and preserve Sac Forest. The first place we visited was the family of Mr. Nguyen Hoang Phien – brother of Phi, the leader of Division 1 Self-Management Group. Session said that his father, Mr. Nguyen Van No, was one of the 10 first forest keepers in Rung Sac. In 2012, Phien succeeded his father, “partly due to a difficult family and unable to go to school; a part has attached blood and flesh to each tree, the wave of when my brothers were in a hurry to practice speaking” . The session emphasized that the most important job of contracted households here is forest patrol. Mr. Phien’s family is managing 109 hectares, on average, each month, he patrols 20-30 times regardless of day and night, including traveling alone and with self-management team. Patrols must be done regularly to promptly detect if forest loggers or wildlife have appeared. Leaving Mr. Phien’s house, we went to the forest post of Mr. Tran Minh Tung’s family. Canoes run in the middle of the immense Sac Forest, Mr. Ho shows us how to distinguish fish, mangrove, tiger, parrot … covered like “roofs”. In more than 32,447 hectares of forest today, there are over 60 species of plants, each having its own role in the “war” with the sea. He said: “In it, mangroves play the role of reinforcing the battlefield, because with the intricate roots, the tall and wide foliage, it can retain what is most necessary that water has brought to the earth”. Launching our eyes around, we were very pleased with the blue landscape. It is hard to imagine this is a land that once suffered from enemy bombs and chemical toxins decades ago. The green color of the forest has covered all traces of the war, making it difficult for visitors to imagine this is a land once destroyed by bombs. Talking about the revival of this dead land, it must be mentioned the efforts of tens of thousands of people from all over the districts of Saigon – Ho Chi Minh City, the core of the youth volunteer force has poured in here to plant trees and rejuvenate. forest creation. Among those people was Mrs. Dinh Thi Hong, the mother of Mr. Tran Minh Tung. Like the Phi – Phien brothers, Tung also had a childhood associated with Rung Sac – Can Gio. When he was a child, he went with his mother to plant forests. Growing up, thanks to planting forests, he met his wife today. Later, he and his wife stayed in Can Gio, replacing their mother to keep the forest. In the afternoon, the canoe took us back to the pier. The sudden beating in the deep water made us startled because we remembered the stories about the water in the past where many crocodiles were hiding and stalking this person. In the forest there are many dangers, poor living conditions. However, the residents that we have met or known through the story have never intended to leave the forest to live on shore. Many people stick to their parents’ career, others – like Tung and his wife – are unable to leave a peaceful life thanks to being surrounded by mother nature here. “We stick wherever we go, we can do everything together. That is happy enough” – Mr. Tung expressed. In the distance, looking at the identical mangrove forests that have opened up the direction of ecotourism development for Can Gio, we again silently thank the residents of Rung Sac who have been sticking to this day. The most fear is deforestation At night, driving a motorboat to patrol and guard the forest, there are all kinds of dangers waiting for unarmed people like Nguyen Hoang Phien if they accidentally face a logger or a wild beast. We asked Phien if he was afraid, he laughed: “The most fearful thing is the loss of the forest”. “In the past, following my father to the forest, I have many times encountered loggers and” lash out “on the river. Later, due to good propaganda and awareness raising for the people, there is no longer a phenomenon. cutting trees, deforestation “- Mr. Phien said.

On the morning of April 14 (ie 3/3 of the lunar calendar), the people of the coastal fishing village of Ky Ninh commune held a fishing ceremony at the Ngu shrine area (in Tam Hai 2 village, Ky Ninh commune). According to local custom, every year in the third lunar month, the elders in the village will choose the best day of the month for the fishing ceremony. Choosing the third lunar month to be a ceremony, because this is the time after Thanh Minh period, the sea is the most peaceful, suitable for the fishing ceremony. The fishermen’s fishing ceremony in Ky Ninh commune was held at 4 worshiping sites. The first point is Che Temple over Lady Nguyen Thi Bich Chau, then at Sat Hai Temple (at the foot of Cao Vong Mountain, Ky Ninh), the ceremony is a few nautical miles off the shore and finally the grand ceremony is held. at Ngu Temple in Tam Hai village 2. All ceremonies must take place from early morning until noon. Ceremony items are decorated closely with the culture of coastal fishermen. This is an opportunity for people to encourage each other to stick to the sea, creating a climate for a season to go fishing. According to the village elders, the Ngu temple in Ky Ninh commune was built hundreds of years ago. After a period of war ravaged, now, fishermen in the area contribute to rebuild. The shrine is a place of worship for the gods who guard the sea. This is also the burial place for dozens of individuals Ong who have drifted into the waters of Ky Ninh for many years. Ong fish shrine has a quite unique architecture. The temple is located facing the sea. “This is also the location in the complex of the relics of Che Temple against Lady Nguyen Thi Bich Chau (Ky Ninh Commune, Ky Anh Town). In the coming time, we will recommend upgrading the fishing ceremony to a festival activity to attract tourists “- Mr. Le Van Huan, Deputy Head of the Management Board of the Che Victory Temple relic area, Mrs. Nguyen Thi Bich Chau Thong believe. It is known that Ky Ninh coastal village has a fleet of more than 200 fishing boats, including more than 100 offshore fishing boats. Fishermen’s life in recent years has been gradually improved thanks to marine fishing.