4 Departments propose ways to handle violations at Synot Asean Company's Project

In response to Document No. 4459/SXD.TTr, 4 departments proposed ways to handle violations in this project.

DETAILS OF VIOLATION

Document No. 4459/SXD.TTr on handlingViolations at the High-Tech Israeli Tilapia Farming Projectin Hung My commune, Hung Nguyen district of the Department of Construction was issued on November 23, 2022. Here, the Department of Construction reported to the Provincial People's Committee basic information of the project, and violations of the investor.

Accordingly, the Israel high-tech tilapia farming project in Hung My commune, Hung Nguyen district, invested by Synot Asean Joint Stock Company, was approved by the Provincial People's Committee in Decision No. 2333/QD-UBND dated June 1, 2017 with an expected land use area of ​​7 hectares. The objectives and scale include: Administrative area (6,000m²⁾, fish seed production pond (15,000m²), commercial fish pond (32,000m²) and other auxiliary works. The project has a total investment of 50.75 billion VND, of which the enterprise's own capital accounts for 29.55%.

Document No. 4459/SXD.TTr dated November 23, 2022 of the Department of Construction.

On November 24, 2017, the project was approved by the Provincial People's Committee for detailed construction planning at a scale of 1/500 in Decision No. 5704/QD-UBND with a total planned construction land area of ​​64,010m2.², including 24 construction items; Land leased by the Provincial People's Committee in Decision No. 911/QD-UBND dated December 7, 2018; Certificate of land use rights, house ownership rights and other assets attached to land, code CN 785495 dated May 24, 2019 with a total land area of ​​63,997.4m², including: Aquaculture land 55,238.8m², commercial service land 8,758.6m². Synot Asean Joint Stock Company has paid land rent for the entire lease term of 4,448.9 million VND.

On July 19, 2019, the project was granted Construction Permit No. 63 GP/SXD by the Department of Construction for 14 items according to the notice of construction drawing design appraisal results: No. 18/TĐ.SXD-HDXD dated January 14, 2019 by the Department of Construction; No. 251/TĐ.SNN-QLXD dated June 17, 2019 by the Department of Agriculture and Rural Development; No. 300/SCT-QLNL dated November 6, 2018 by the Department of Industry and Trade. Up to now, the project still has 6 construction items that the investor has not built according to the approved planning, including: Secondary gate, production workshop, warehouse + auxiliary, workers' rest house, sports field, parking lot.

By September 2022, the investor had constructed 28 construction items. Of which, 16 construction items are within the project boundary; 9 construction items have a part encroaching on the granted land area; 3 construction items are outside the granted land area.

Violations of construction order include: Construction of 4 construction items that are not in accordance with part of the construction permit, specifically: Leveling the ground, office building, internal traffic system, canal system. Construction of 7 construction items without a construction permit (on commercial service land), specifically: Fake mountain model 1 in the Northwest - North of the project, Fake mountain model 2 in the Southwest - South of the project, model of 7 world wonders, wooden stilt house, resting hut (built in 2020); Reinforced concrete foundation behind the office, reinforced concrete pillar near the main gate (built in 2022).

Some promotional images of new tourist attractions on the fanpage are said to belong to Synot Asean Joint Stock Company.

Land violations include: Construction of 2 construction items on aquaculture land within the project scope, specifically: Golf practice house, 1 steel foundation; Construction of 6 fish ponds and 3 construction items on aquaculture land and partly encroaching on land outside the granted land area, specifically: Round house, temporary chicken coop, temporarily installed steel frame system; Construction of 3 construction items outside the granted land area of ​​the project, specifically: 2-storey house behind the round house, old warehouse, fish feed processing house.

In Document No. 4459/SXD.TTr, there is an explanation from Synot Asean Joint Stock Company with the content: “The project has only completed about 90% of the volume; some construction items have been constructed that are not included in the construction permit. The cause of the violation is due to limited awareness in complying with the law; In addition, the shape of the assigned land is not favorable (the assigned land is interlaced with the land assigned to the people); due to the impact of the Covid-19 epidemic”.

4 DEPARTMENTS PROPOSE DIRECTIONS TO HANDLING VIOLATIONS

Also in Document No. 4459/SXD.TTr, it is shown that to handle violations at the high-tech Israeli tilapia farming project of Synot Asean Joint Stock Company, the Department of Construction has requested the Departments of Natural Resources and Environment, Agriculture and Rural Development, and Planning and Investment to coordinate.

With the Department of Planning and Investment, there are opinions on how to handle violations in Documents No. 4102/SKHĐT-DN dated October 19, 2022, No. 4436/SKHĐT-DN dated November 7, 2022; summarized as follows: “At the time of approving the project investment policy, the land originated from land managed by the People's Committee of Hung My commune, the project belongs to the investment incentive sector according to the provisions of law on investment. Therefore, in the process of reviewing and handling the violating works and items, it is recommended that the presiding agency study to ensure that the project's objectives remain unchanged compared to the original policy approved by the Provincial People's Committee in Decision No. 2333/QD-UBND dated June 1, 2017 (purpose of raising high-tech Israeli tilapia), and at the same time, the handling must be consistent with the planning approved by the competent authority”.

Photos of tourists visiting the fanpage said to belong to Synot Asean Joint Stock Company. Photo: NPV

The Department of Agriculture and Rural Development commented in Documents No. 3752/SNN-KHTC dated October 19, 2022; No. 4124/SNN-KHTC dated November 10, 2022: "In the coming time, if the Department of Construction and the People's Committee of Hung Nguyen district organize an inspection and review, the Department of Agriculture and Rural Development will coordinate and give opinions in accordance with the functions and tasks of the industry".

The Department of Natural Resources and Environment commented in Official Dispatches No. 6576/STNMT-QLĐĐ dated October 19, 2022; No. 7321/STNMT-QLĐĐ dated November 15, 2022: "Instructed the People's Committee of Hung Nguyen district to handle administrative violations in the field of land according to regulations. After having the results of handling violations of land and construction by the People's Committee of Hung Nguyen district, the Department of Natural Resources and Environment will base on the provisions of law to propose the next handling direction for the project".

Acting as the presiding agency, the Department of Construction concluded and recommended: “The People's Committee of Hung Nguyen district has conducted an inspection but has not fully handled administrative violations of construction and land order violations at the project according to regulations. In order to have a basis for considering the recommendations of the investor and the People's Committee of Hung Nguyen district, the People's Committee of Hung Nguyen district must fully handle administrative violations of construction and land order violations at the project according to its authority.

The investor's dossier proposing to adjust the project investment policy (May 2022) does not have full information about the actual construction status. Therefore, the opinions on adjusting the project investment policy of the departments and the People's Committee of Hung Nguyen district are not close to reality. After completing the handling of administrative violations, the investor will re-establish the dossier proposing to adjust the project in accordance with the project objectives and submit it to the competent authority for consideration.

Although the project was planned for high-tech Israeli tilapia farming, the investor blatantly implemented a series of illegal and unrelated projects. Photo: Viet Khanh (Agriculture Newspaper)

As reported by Nghe An Newspaper, on December 21, 2022, the Provincial People's Committee issued Notice No. 909/TB-UBND onHandling of violationsrelated to the Israel high-tech tilapia farming project in Hung My commune, Hung Nguyen district. Here, the Provincial People's Committee requests departments, branches and Hung Nguyen District People's Committee to urgently implement the following contents:

1. Assign the Department of Planning and Investment to preside over and coordinate with the Department of Construction, the Department of Natural Resources and Environment, the Department of Agriculture and Rural Development and the People's Committee of Hung Nguyen district: Establish a working group headed by the leader of the Department of Planning and Investment, members of the working group are leaders of the above departments and the Chairman of the People's Committee of Hung Nguyen district: Organize inspection, review, and comparison with the approved Investment Policy and Detailed Construction Planning, guide the People's Committee of Hung Nguyen district to fully and properly implement the regulations on handling administrative violations of construction order and land according to its authority; Have a plan to advise competent authorities to handle matters beyond the authority of the People's Committee of Hung Nguyen district. This content must be completed before January 15, 2023.

2. Assign to Hung Nguyen District People's Committee:

- Fully and correctly implement regulations on handling administrative violations of construction order in the area for construction items that are not in accordance with the content of the construction permit and constructions without a construction permit.

- Handling administrative violations of land related to construction of works on aquaculture land; Compelling the demolition in accordance with regulations of construction works on land outside the planned land area of ​​the project.

The above contents must be completed before January 30, 2023.