The issue of the old apartment complex at the 22/12 Brick and Tile Joint Stock Company needs to be resolved promptly.

Numerous violations

The 22/12 Brick and Tile Joint Stock Company was established in 1957 (formerly Construction Site 55, under the Command of Military Region 4), then renamed the 22/12 Brick and Tile Enterprise (in 1961). In 2013, the enterprise was privatized and renamed the 22/12 Construction Materials and Installation Joint Stock Company, and in 2016 it was renamed the 22/12 Brick and Tile Joint Stock Company as it is today.

During its production activities, this unit was allocated two plots of land in the former Hung Chinh commune by the State. One of these plots, located in Hamlet 5, was allocated in 1957 for a factory. Following the privatization process, in 2017, Nghe An province signed a land lease contract for an area of ​​over 51,000 square meters.², valid until 2047. The land plot in Hamlet 8 (along National Highway 46) has an area of ​​10,000m².²The land was allocated for the purpose of constructing residential and office buildings for the enterprise.

However, the land management and use by 22/12 Brick and Tile Joint Stock Company has revealed many violations. Specifically, on June 15, 2022, the People's Committee of Nghe An province issued Conclusion No. 380/KL-UBND regarding compliance with the law in land management and use by 22/12 Brick and Tile Joint Stock Company. According to this Conclusion, the People's Committee of Nghe An province determined that 22/12 Brick and Tile Joint Stock Company had committed serious violations.regulations on land management and use.

Specifically, in the area of ​​land in Hamlet 8, adjacent to National Highway 46, although allocated for the construction of a residential complex and office building, the company arbitrarily sold off assets, used the land, and borrowed land through "capital contribution contracts for housing construction" and "selling houses on-site" to households and individuals from 1992 to 2015.

In this area, there were 6 cases where the 22/12 Brick and Tile Joint Stock Company sold off collective housing at liquidation prices and returned the land to the State before October 15, 1993; 7 cases where collective housing was sold off at liquidation prices and land was lent out before July 1, 2004; 24 cases where households used the land through "selling houses on-site" after July 1, 2004; and 27 cases where land was used through "capital contribution contracts for housing construction" before July 1, 2014.

In particular, there were 10 cases where the 22/12 Brick and Tile Joint Stock Company liquidated assets and sold houses on-site, consisting of a row of two-story houses and a row of kiosks along National Highway 46, after July 1, 2014.

The fact that the 22/12 Brick and Tile Joint Stock Company arbitrarily distributed, allocated, and lent land to its employees, and handed over houses and land to employees for housing purposes... during the period from 1992 to 2015 is determined to be a form of land allocation that was not within its authority according to the law.

Difficult to handle?

After identifying the violations, the Provincial People's Committee also assigned the then Chairman of the Vinh City People's Committee to conduct a review and clarify the responsibilities of the individuals and groups involved. At the same time, it urged the 22/12 Brick and Tile Company to definitively resolve the liquidation and sale of the two-story houses and kiosks in 2015, and to return the money to the affected households; it also required the company to cancel all contracts for the sale of assets attached to the land that violated the law after July 1, 2014. Furthermore, it was required to comply with all legal regulations regarding land and public asset management and bear all legal responsibility if further violations occur.

However, in reality, despite numerous meetings held since the Vinh City People's Committee was still in operation, the issue remains unresolved.

Visiting the area with the row of apartment buildings and business kiosks along National Highway 46 recently, we noticed that the buildings are in serious disrepair. The roofs of the two-story apartment buildings are severely damaged, and the row of kiosks along National Highway 46 is currently being used as business premises by several households.

When questioned, the residents asserted that they purchased the land for legitimate reasons, possessing proper documentation, seals, and receipts. They stated that getting their money back to find alternative housing was proving very difficult. The residents also requested a prompt resolution to the issue and the right to pay land use fees at a reasonable rate, arguing that the current land price would cause significant hardship for many families.

Furthermore, a complex issue arose: for many years, the 22/12 Brick and Tile Joint Stock Company had ceased production due to losses, lack of capital, and shortage of raw materials. On November 17, 2021, an extraordinary general meeting of shareholders unanimously agreed to transfer 100% of the shares to new investors. Subsequently, these investors also won the auction to acquire the 22/12 Brick and Tile Joint Stock Company.

Mr. Le Hong Son, Chairman of the Board of Directors of 22/12 Brick and Tile Joint Stock Company, stated: Currently, the acquisition of 22/12 Brick and Tile Joint Stock Company by the new group of investors has been completed. The new investors have not yet made full payment and are requesting that the former Board of Directors resolve outstanding issues, including those related to the old apartment complex and the business kiosks along National Highway 46.

Clearly, the irregularities in land management and use at the 22/12 Brick and Tile Joint Stock Company are undeniable. To ensure the strict enforcement of the law and protect the rights of the people, it is necessary to have a specific solution, a clear roadmap, and decisive implementation. This will prevent further delays that could disrupt land management order, especially given the serious safety risks associated with the already dilapidated apartment complex.