COMPLAINT

Re: Suspension of illegal construction project at the Lake Ba Giang area
and returning of illegally owned land to Thai Ha parish- Redemptorist Monastery.

To:

- Mr. Tran Duc Hoc, Chairman of the Dong Da district People's Committee, Hanoi city.
- Hanoi City's Committee for Religious Affairs.
- Hanoi City's Committee for Vietnam Fatherland Front.
- Hanoi City's Bureau of Architecture and Urban Planning.
- Hanoi city's Department of Public Safety.
- Hanoi City's Land and Housing Administration.
- Dong Da District's Bureau of Public Safety.
- Quang Trung ward's People's Committee.
- Quang Trung ward's Bureau of Public Safety, Dong Da district, Hanoi city.

We, the Redemptorists and faithful at Thai Ha parish would like to file a complaint to the Chairman of the People's Committee of Dong Da district, Hanoi city against the illegal appropriation and construction project at the 18,230 square meters area surrounding lake Ba Giang, Quang Trung ward, Dong Da district, Hanoi city which has been legally owned and managed by Thai Ha parish - the Redemptorist Monastery.

I. The origin of the land.
1/ Proof of ownership from the Church/Redemptorist monastery

Lake Ba Giang area is located within the administrative boundary of Quang Trung ward, Dong Da district, which our Redemptorist monastery has been awarded with land use right since 1928.

-In the first land registration filed in 1928, lake Ba Giang area was recorded in map 2, page 59, lot 230 with a certificate from the Land Registration book to verify the land use right of the Redemptorists.
-A second registration took place on Nov 10, 1961, Registration volume 1, page 584, lot 496.
- A third registration filed pursuant to the Prime Minister's directive 379 issued on July 23, 1993, in accordance with the instruction from the Committee for Religious Affairs issued on Dec4, 1993.
- A fourth registration filed pursuant to the Prime Minister's directive on April 22, 1996 in regard to the investigation on land use of the governmental body; the Hanoi People's Committee's directive 09/CT-UB on May25, 1996, in accordance with the Hanoi Land and Housing Administration Department's instruction 61/ND on June 7, 1996.

2/ Documents acknowledging the ownership and land- use rights of the Redemptorist monastery issued by Hanoi city's governmental agencies:


Hanoi People's Committee, Hanoi Land Registry Office, Dong Da District People's Committee, Quang Trung Ward People's Committee, residents living in the vicinity of lake Ba Giang and parishioners all know full well and acknowledge our land-use right.

- Report 387 BC-SDCHD from the Hanoi Land Registry Office issued on May 11, 1999 had affirmed "Lake Ba Giang area is now being under management of Thai Ha parish" and "The People's Committee of Dong Da district has proposed a plan asking the city for permission to build more residential homes"

- In Official Correspondence 64/CV-UB-DD issued on Jan 30, 1996 by the Dong Da District's People Committee seeking "a solution to resolve issues relating to the land being owned and managed by Thai Ha parish, which is being lent to (the district), now part of it is being asked to be returned for Church's use". The Correspondence in itself had acknowledged the Church's action.

Therefore, we once again affirm that the land-use right on Lake Ba Giang area belongs to Thai Ha parish-Redemptorist monastery.

Dear Mr. Chairman of the Dong Da District People's Committee, and other responsible officials,

The law of the Socialist Republic of Vietnam has dictated as follow:

Article 70 in the Constitution of the Socialist Republic of Vietnam in 1992 affirmed:
" The places of worship of all faiths and religions are protected by the law."

-Circular 01/1999/TT-TGCP issued on Jun16, 1999 by the Committee for Religious Affairs had instructed to carry out a number of items in the Decree 26/1999/ND-CP on April 19, 1999 in regard to religious activities by emphasizing:" Not to let the worshiping areas be invaded. The places of worship of all faiths and religions are protected by the law.", "Places of worship of faiths being lent to should be returned at the expiration of the term. If there are needs for religious use it should be agreed upon with the religious organization"

-Instruction 500 HD/TGCP issued on Dec 04, 1993 by the Committee of Religious Affairs in regard to carrying out the Prime Minister's Directive 379/TTg on religious activities had pointed out:"Do not let residents invade places of worship. In places where (occupation) is still lingering from the past, the local government has to come up with plans to clear out the area where residents are still occupying within a certain time frame.


II. CURRENT SITUATION OF THE AREA: OUR LAND BEING INVADED AND CONSTRUCTION PROJECT BEING ILLEGALLY STARTED.

The lake Ba Giang area-to which we are the rightful owner- has never been donated, leased or transferred to any individual or organization. This means we are still the owner of the land as of now.

Since 1994, we have been continuously petitioned to all levels of government asking for the return of our land in order for us to carry on our religious and charitable missions. After so many years of trying with our diligent effort, on May12, 2004 Mr. Nguyen Van Lam, deputy chief of staff in Government office had issued official correspondence 2323 which wrote:"Request the Hanoi city's People Committee to report the content of Rev. Vu Ngoc Bich's statement, the Committee for Religious Affairs is to examine, study and report to the Prime Minister prior to May 30, 2005"

We are still waiting for the matter to be rightfully and legally resolved by all levels of government and related offices, for the return of our land after the Governmental office's correspondence was issued. However, to date our request has never been responded by any one, and our land has not been returned to its owner who has sole legal land-use right in conformity with the law.

While we are always confident and patiently waiting for a reasonable and sensible solution from all levels of government, on recent days there has been activities from a construction project being underway.

This incident is causing anxiety among our community of clergy and followers at Thai Ha parish- Redemptorist monastery.

This has been viewed as an illegal action as it goes against the state's policy and constitution, as it does against morality and righteousness.

III. OUR SUGGESTION

Based on the outlined origin of the land and pursuant to the laws and regulations, we respectfully suggest the following to Mr. Chairman of the Dong Da District People's Committee, the Hanoi City's People Committee:

1. Request the Dong Da District's People Committee to take actions by ordering the suspension of construction project being in progress at the lake Ba Giang area, ceasing all work related-activities, pulling out all equipments and machinery from the premise of Thai Ha parish-Redemptorists in Hanoi.

2. Request the Dong Da District People's Committee, the Hanoi City's People Committee and other concerned offices which possess the documents showing our ownership to return the 18,230 square meters of land at the lake Ba Giang area to our parish and our Redemptorist monastery in order for us to continue our religious and charitable missions.

We are always confident at the religious land policies and the way people "live and work in accordance with our Constitutions and our law”. We also wish that the related state offices would carry out the requests mentioned above in the same manner.

We hope that our complaint will be soon processed by Mr. Chairman of Dong Da District's People Committee and other responsible offices in accordance with the law to let us have peace in our mind and our religious practice and keep on contributing to our country, our people to the best of our ability.

We, the clergy from Redemptorist monastery and all parishioners would like to extend our regards and our thanks in advance to all of you.

On behalf of the Hanoi Redemptorist Community,

(signed and sealed)
Rev. Vu Khoi Phung, CSsr