Need to quickly and completely handle the old apartment building at 22/12 Brick and Tile Joint Stock Company

Many violations

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

During the production process, this unit was assigned by the State 2 plots of land in Hung Chinh commune (old) for operation. Of which, the land in hamlet 5 was assigned since 1957 to build a factory. After the equitization process, in 2017, Nghe An province signed a land lease contract with an area of ​​over 51,000m², valid until 2047. Land in Hamlet 8 (along National Highway 46), has an area of ​​10,000m²granted for the purpose of building residential and office areas of the Enterprise.

However, the management and use of land 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 on compliance with the law in the management and use of land 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 seriously violatedregulations on land management and use.

In particular, in the land plot in Hamlet 8, along National Highway 46, although it was granted to build a collective housing area and office, the Company arbitrarily liquidated, valued assets, used land, borrowed land in the form of "capital contribution contracts for housing construction" and "sold houses on the spot" to households and individuals from 1992 to 2015.

In this land area, there were 6 cases where 22/12 Brick and Tile Joint Stock Company sold off collective housing at a price, and returned land to the State before October 15, 1993; 7 cases of selling off collective housing at a price, and lending land before July 1, 2004; 24 cases of letting households use the land in the form of "selling houses on the spot" after July 1, 2004; 27 cases of using land in the form of "capital contribution contracts for housing construction" before July 1, 2014.

In particular, there were 10 cases in which 22/12 Brick and Tile Joint Stock Company liquidated assets and sold houses on the spot, including a row of 2-storey houses and a row of kiosks along National Highway 46 after July 1, 2014.

The fact that 22/12 Brick and Tile Joint Stock Company arbitrarily distributed, arranged, lent land to officials, assigned houses and land to officials, workers and employees to use as housing... during the period from 1992 to 2015 was determined to be a form of land allocation without proper authority according to the provisions of law.

Difficult to handle?

After identifying the violations, the Provincial People's Committee also assigned the Chairman of the Vinh City People's Committee at that time to organize a review and clarify the responsibilities of individuals and groups involved. At the same time, urge the 22/12 Brick and Tile Company to completely handle the liquidation and sale of on-site houses in the 2-storey row of houses and kiosks in 2015, and return the money to individual households; Request the Company to cancel contracts for the sale of assets attached to land that are contrary to the law after July 1, 2014. At the same time, comply with the provisions of the law in the management of land and public assets, and take full responsibility before the law if violations continue to occur.

However, in reality, although there have been many working sessions organized since the time Vinh City People's Committee was still operating, the handling is not simple.

Visiting the area with a row of apartment buildings and business kiosks along Highway 46 recently, we noticed that this row of buildings has seriously degraded. The roof of the 2-story apartment building has been severely damaged, while the row of kiosks along Highway 46 is currently the business premises of some households.

When asked, the households here affirmed that they bought it back with legitimate reasons, with papers, stamps, and receipts. Getting the money back to find another place to live is very difficult. The households also requested that the land be resolved soon, and that they be allowed to pay land use fees at a reasonable cost, because if the current land price list is followed, many households will face difficulties.

In addition, a complicated issue arose that over the past years, 22/12 Brick and Tile Joint Stock Company has stopped production due to losses, lack of capital, and lack of raw materials. On November 17, 2021, the extraordinary General Meeting of Shareholders agreed to transfer 100% of shares to new investors. After that, the investors also won the auction to buy back 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 said: Currently, the acquisition of 22/12 Brick and Tile Joint Stock Company by the group of new investors has been completed. The new investors have not yet paid in full to request the members of the old Board of Directors to completely resolve the previous problems, including the issues related to the old apartment building and the business kiosk along National Highway 46.

Obviously, the violations in land management and use at 22/12 Brick and Tile Joint Stock Company are indisputable. To ensure the strictness of the law and the rights of the people, it is necessary to have a specific solution, a clear roadmap and a drastic implementation. Avoid prolonging it, affecting the order in land management, especially the risk of insecurity when the apartment building has been seriously degraded.