Questionable end of a saga
By Son Nguyen in HCMC
Many people may have run into rupture upon agreements from Vedan to pay some VND220 billion to compensate farmers whose livelihoods have been damaged by the MSG producer’s discharge of untreated water polluting the environment. It looks like a happy ending to the long ordeal endured by farmers, as Vedan has for years bargained payouts while lawyers and State agencies and the media have gone to great lengths to pursue a fair outcome for the miserable. All of a sudden, the polluter agrees to all compensations asked for. Behind the abrupt move there still lay questions.
The saga began two years ago when Vedan was caught red-handed discharging wastewater into the Thi Vai River, almost eliminating the livelihoods of thousands of farmers in the river’s basin. Apart from big fines that the MSG producer has paid to the State coffer as ordered, the company has shunned its responsibility in compensating farmers, but insisted on paying a small amount it termed financial support. As September 12 is the deadline under the law for farmers to sue the polluter, recent weeks has witnessed a wave of people filing documents to sue Vedan before the court.
Then comes a tug of war between the MSG producer, who is seen trying to buy the time by increasing the payouts after each round of negotiations, and farmers supported by State agencies, lawyers and the media to demand justice.
The turning point took place this week when Vedan on Monday suddenly agreed to pay all compensations to farmers in HCMC and Ba Ria-Vung Tau Province, and agreed to come to terms with Dong Nai Province’s farmers this Friday. A new twist emerged beyond expectation when Vedan on Wednesday sent a letter to Dong Nai authorities, agreeing to pay nearly VND120 billion in compensations, two days earlier than scheduled. Agreements on compensations will likely be signed between Vedan and relevant claimants on Friday or Saturday. The moves by Vedan heap praises, despite certain suspicion about its goodwill.
Upon the sudden outcome, many farmers and State entities are happy that they may not have to resort to the winding path of court proceedings, which are still taking place despite the verbal agreements from Vedan. The common opinion is that Vedan agrees to all demands simply to avoid standing trial in a case that it will by all means lose out. However, many experienced legal counselors dispute it.
Lawyer Nguyen Van Hau under the HCMC Bar Association, who has played an active role in rallying farmers to sue Vedan, says agreements of compensations must be carefully worded, otherwise “we may enter a trap by this company” as the deadline is drawing to a close soon, according to Lao Dong. As agreed in meetings this week, Vedan will pay half the compensations within seven days upon the signing of the agreements, while the second half will be paid in January.
Hau makes clear in Nguoi Lao Dong that he and his colleagues are still weighing a compensation contract or agreement, and such agreements shall not strip farmers of their rights to sue Vedan in case the company refuses to abide by the agreement.
Lawyer Truong Trong Nghia, who has also devoted his time to the case, remarks in Tuoi Tre that agreements on compensation must be legally binding when it comes to crucial contents like the amount of compensation, the time of payment, and measures to address violations. And in any case, the agreements must not strip farmers of their rights to pursue the court case, especially when Vedan fails to observe its commitments.
Similarly, Sai Gon Tiep Thi demands that the compensation agreements must have legal merits to ensure that Vedan will live up to its commitments. Otherwise, court proceedings will remain the final weapon of farmers.
In fact, in its letter sent to Dong Nai authorities this week, Vedan insists that a trial will not take place, and the MSG producer will not bear any responsibility before the court once compensations are disbursed for farmers.
The biggest question, however, is whether a compensation agreement is legally-binding, according to Tuoi Tre.
Dinh Van Que, former presiding judge of the Criminal Court under the Supreme Court, worries that Vedan may be making its last-ditch effort to buy time again, this time under a superb trick. In an article authored by himself on Tuoi Tre, Que stresses that the provincial government cannot act on behalf of farmers to sign agreements of compensations, but it is farmers who have to do it on a one-by-one basis. The question is whether thousands of farmers have enough time to sign such agreements when the time is running out.
The author also points out that under the Civil Code, there are no provisions for compensation contracts, but only letters of commitment or agreements, the latter having no legally-binding nature if Vedan at length refuses to pay all. Only a minute of reconciliation or a sentence issued by the court can stand, Que says, adding “the best way is that farmers continue to file the lawsuit, and Vedan should have the goodwill to accomplish procedures on reconciliation under the court.”
While many people are of the belief that Vedan has finally bowed out to the public pressure, as reported in Lao Dong, there are still concerns that the saga may continue following the sudden agreement by Vedan seen by some as a possible trick. Behind a crime should be a time of remorse, which has not been seen on the part of Vedan in the long dispute relating to compensations until this abrupt ending. Let us all await a happy ending.
The Saigon Times Daily