According to the Inspectorate of Bac Giang province, the Bo Ha Market project consisted of six components: the main market building, an outdoor market area for fresh produce, market kiosks, a market management office, sanitation facilities, and auxiliary items (electricity and water systems, fire prevention and fighting, etc.). These structures were built on a plot of land spanning over 12,200 square meters. The total investment exceeded VND 6 billion, sourced from the budget, public contributions, and other mobilized funds. The project was implemented from 2007 to 2008.
The inspection conclusion revealed significant violations in the construction process, business organization, operation, and management of Bo Ha Market. These transgressions spanned from the construction phase to shortcomings in state management and a lack of inspection and supervision regarding revenue collection and utilization from the market.
Specifically, the project implementation by the People’s Committee of Yen The District and the People’s Committee of Bo Ha Town deviated entirely from the approved foundation design, architectural plan, and initial purpose set by the People’s Committee of Bac Giang Province.
Bo Ha Central Market, Yen The District, Bac Giang Province. Photo: Nguyen Thang
The People’s Committee of Yen The District arbitrarily changed the land use purpose of the area designated for constructing 19 market kiosks, a portion of the fence, and the planned outdoor market area for selling fresh fruits. Instead, they allocated this land for 44 residential plots.
The People’s Committee of Bo Ha Town constructed five groups of works/items that did not conform to the initial foundation design and architectural plan. The People’s Committee of Yen The District failed to inspect, rectify, or provide feedback on this deviation from the original design.
Currently, Bo Ha Market lacks a fire protection system, adequate electricity and water infrastructure, a designated bicycle parking area, and a fence as stipulated in the approved design plan.
The land where the Bo Ha Market project was constructed was previously agricultural land, but it had undergone urban planning and land-use planning for market purposes. However, there was no land-use planning or decision to convert the land-use purpose from agricultural to non-agricultural (market land), which is contrary to regulations.
Converting the land-use purpose to residential land without land-use planning or urban planning, or without a decision from the competent authority, is a violation of regulations.
The inspection conclusion clearly stated that the responsibility for these violations lies with the People’s Committee, the Chairman of the People’s Committee of Yen The District, the Director of the Yen The District Construction Project Management Board (2007-2010), and the Heads of the Commerce and Industry (now Economic and Infrastructure) and Land Affairs (now Natural Resources and Environment) Offices of Yen The District during the 2007-2021 period.
According to the Inspectorate of Bac Giang Province, the Bo Ha Market project had multiple violations. Photo: Nguyen Thang
According to the Inspectorate of Bac Giang Province, the business and operation of Bo Ha Market by the People’s Committee of Bo Ha Town did not comply with regulations. They failed to establish a market management board and set rental rates for stalls without following the prescribed pricing framework. Additionally, the People’s Committee of Bo Ha Town exceeded their authority and jurisdiction by presenting Resolution No. 11/NQ-HND dated December 25, 2008, to the People’s Council of the same level.
The responsibility for these violations lies with the People’s Committee, the Chairman of the People’s Committee of Bo Ha Town, and the finance, land, and construction officials during the 2007-2021 period.
According to the inspection conclusion, the management, collection, and utilization of rental fees for stalls and related charges at Bo Ha Market did not comply with financial principles and showed signs of violating accounting regulations. This included failing to maintain detailed accounting books as required and keeping VND 742 million outside the accounting books, not being recorded in the budget.
Direct responsibility for this falls on Ms. Nguyen Thi Thuy, Mr. Nguyen Van Manh (former Chairman of the People’s Committee of Bo Ha Town), and Mr. Pham Duc Phuong (former budget accountant of Bo Ha Town).
The Inspectorate of Bac Giang Province stated that, based on the opinions sought from the Provincial Public Security and People’s Procuracy, the act of organizing land auctions without land-use planning or urban planning, with the intended land use being residential, and the land being planned for market use, bears the hallmark of “Abuse of Power while Performing Official Duties.”
The act of not accounting for and not recording in the budget ledger a sum of over VND 742 million, which was collected from the rental of Bo Ha Market kiosks and managed separately by Ms. Nguyen Thi Thuy (the treasurer of the People’s Committee of Bo Ha Town from 1988 to 2013), and using this money to pay debts (from 2010 to 2013) for the regular activities of the Party Committee, People’s Council, and People’s Committee of Bo Ha Town, shows elements of “Violation of State regulations on accounting, causing serious consequences.”
The Inspectorate of Bac Giang Province transferred the case file with signs of violations in the Bo Ha Market project to the Public Security for further investigation. Photo: Nguyen Thang
The Inspectorate of Bac Giang Province recommended that the Chairman of the People’s Committee of Yen The District direct the Chairman of the People’s Committee of Bo Ha Town to issue a decision to recover and deposit into the budget of Bo Ha Town the amount of over VND 742 million, which was kept outside the accounting books (and misused by Ms. Nguyen Thi Thuy) for reinvestment in the construction and repair of Bo Ha Market according to the initially approved plan (for items not yet implemented).
The People’s Committee, Chairman, and Vice Chairman (in charge of the field) of Yen The District during the 2007-2021 period were asked to review their responsibilities for the aforementioned violations.
The Inspectorate of Bac Giang Province transferred information, documents, and case files related to acts with signs of criminal law violations to the Public Security of Bac Giang Province for further investigation and clarification.
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