Although the deadline as directed by the Provincial People's Committee has passed, 3/2 Agricultural Industry Joint Stock Company still has not completed the procedures to be allocated land and leased land at the 3/2 Farm Workers' Resthouse Project in Nghi Thu Ward, Cua Lo Town.
The 3/2 Farm Workers' Resthouse Project in Nghi Thu Ward, Cua Lo Town (invested by 3/2 Agricultural Industry Joint Stock Company) is one of two projects reported by Nghe An Newspaper in the article "The fate of two "workers' resthouse projects"?" in the issue published on September 29, 2022.
According to the Urban Management Department of the People's Committee of Cua Lo Town, on March 18, 2022, the Provincial People's Committee issued Decision 1793/QD-UBND on handling projects with slow construction progress in the province. In August 2021, the 3/2 Farm Workers' Rest House Project was one of 53 slow-progress projects directed by the Provincial People's Committee to inspect the implementation status and compliance with the law on investment, construction and land of the investor. By January 28, 2022, the Department of Natural Resources and Environment (the unit assigned by the Provincial People's Committee to preside over the inspection) had Report No. 738/STNMT-DD reporting the inspection results to the Provincial People's Committee.
Accordingly, the 3/2 Farm Workers' Resthouse Project aims to build a resthouse for workers combined with hotel and restaurant services. In terms of scale, the project has a land use area of 617.2m2; including 8-storey hotel, yard, trees, landscape. Up to now, the project has only completed a few legal procedures, including: Decision No. 1553/QD.UB dated July 3, 1995 of Nghe An Provincial People's Committee on allowing Farm 3/2 to survey and select a construction site; Diagram of land lot No. 177 of Road 7 planning area, Nghi Thu commune; Official dispatch No. 2108 STC/HCVX dated September 11, 2010 of the Department of Finance on confirming the origin of money paid for land use; Report No. 58/BC-UBND dated July 7, 2010 of Cua Lo Town People's Committee on land lot No. 177 of Road 7 planning area - Nghi Thu commune of Agricultural Industry Company 3/2; Official dispatch No. 5947/UBND.DC dated October 7, 2011 of Nghe An Provincial People's Committee on land lease, accordingly, the Provincial People's Committee agreed in principle to allow 3/2 Agriculture - Industry One Member Co., Ltd. to complete procedures to lease 617.2m2, land plot number 264, map sheet number 13, Nghi Thu ward, Cua Lo town for the purpose of building a hotel restaurant.
The Department of Natural Resources and Environment also pointed out that the investor has not been leased land, has not built any works, and has not put the project into operation; there is a temporary kiosk for food and beverage services on the land. At the same time, the information said that the investor has paid 150,000,000 VND for land use (data shown in the Payment Receipt by transfer dated January 19, 1996); during the inspection, the investor commented on the difficulties and obstacles in implementing the project: "Currently, land procedures are facing many problems, so they cannot be completed, the project is temporarily postponed. Proposal, recommendation: There must be a plan for the Company to re-establish the records, complete the land procedures before proceeding with the project implementation".
From the inspection results, the Department of Natural Resources and Environment commented: “The 3/2 Agricultural Industry Joint Stock Company was allowed by the Provincial People's Committee to survey and select a location to build the 3/2 Farm Workers' Rest House in Nghi Thu Ward, Cua Lo Town according to Decision No. 1553/QD.UB dated July 3, 1995; agreed in principle to establish land lease procedures in Official Dispatch No. 5947/UBND.DC dated October 7, 2011. However, at the time of inspection, the Investor had not yet carried out the procedures to lease land according to regulations, there was a time when a land dispute occurred (resolved by the People's Court of Cua Lo Town), the responsibility belonged to the 3/2 Agricultural Industry Joint Stock Company. The project had not been leased land by the Provincial People's Committee, had not been built, and had not been put into operation.
The project is located in a highly profitable location, for a long time the Investor did not pay attention to carrying out procedures to lease land according to regulations, did not manage land use (currently the land has a food service kiosk that the Investor did not know about), for many years voters and people around the project area have reported on environmental pollution, not using land causing waste of land resources".
Despite the above assessment, considering the proposal of 3/2 Agricultural Industry Joint Stock Company, in Report No. 738/STNMT-DD, the Department of Natural Resources and Environment still recommends that the Provincial People's Committee create favorable conditions for the 3/2 Farm Workers' Resthouse project to be implemented.
The recommendation of the Department of Natural Resources and Environment is as follows: “Based on the proposal of the 3/2 Agricultural Industry Joint Stock Company, in order to create conditions for enterprises that need to continue implementing the project. The Department of Natural Resources and Environment synthesizes the opinions of relevant departments, branches and localities, respectfully requests the Provincial People's Committee: Assign the 3/2 Agricultural Industry Joint Stock Company to provide relevant records and documents, work with the Department of Planning and Investment to be guided on implementing the project investment process according to regulations (completed within 4 months from the date of the written agreement on the handling plan of the Provincial People's Committee). Assign the Department of Planning and Investment to consider the proposal of the 3/2 Agricultural Industry Joint Stock Company to report and advise the Provincial People's Committee to handle according to regulations. In case the above deadline is exceeded, the 3/2 Agricultural Industry Joint Stock Company does not complete the procedures for land allocation and land lease according to regulations, the Provincial People's Committee will revoke and terminate the validity of legal documents related to the land plot requested for implementation. project
Based on the recommendation of the Department of Natural Resources and Environment, the Provincial People's Committee has allowed 3/2 Agricultural Industry Joint Stock Company to continue to complete the project investment procedures. Specifically, in Document 1793/UBND-CN dated March 18, 2022, the Provincial People's Committee requested 3/2 Agricultural Industry Joint Stock Company to provide relevant records and documents, work with the Department of Planning and Investment before March 30, 2022 to receive instructions on implementing the project investment process according to regulations; Assign the Department of Planning and Investment to review the proposal of 3/2 Agricultural Industry Joint Stock Company to report and advise the Provincial People's Committee to handle according to regulations (completed before April 15, 2022). At the same time, there is a direction: "In case by the end of July 1, 2022, 3/2 Agricultural Industry Joint Stock Company does not complete the procedures for land allocation and land lease according to regulations, the Department of Construction shall advise the Provincial People's Committee to cancel Decision No. 1553/QD.UB dated July 3, 1995 of the Provincial People's Committee on surveying and selecting the location for project planning and legal documents related to the project".
Despite such favorable conditions, according to the Department of Planning and Investment, since the Provincial People's Committee issued Document No. 1793/UBND-CN, the Department has not received any information from the 3/2 Agricultural Industry Joint Stock Company. The officer assigned by the Department of Planning and Investment to provide information to the reporter of Nghe An Newspaper said: "The Department of Planning and Investment has sent a document urging the provision of documents, but the 3/2 Agricultural Industry Joint Stock Company has not responded!"
Indeed, on April 13, 2022, the Department of Planning and Investment issued Document No. 1249/SKHĐT-DN requesting 3/2 Agricultural Industry Joint Stock Company to provide documents and files related to the Workers' Rest House project in Nghi Thu Ward, Cua Lo Town. Here, the Department mentioned Document No. 1793/UBND-CN dated March 18, 2022 of the Provincial People's Committee, which stated that "3/2 Agricultural Industry Joint Stock Company must provide relevant documents and files, work with the Department of Planning and Investment before March 30, 2022 to receive instructions on implementing the project investment process according to regulations"; affirming that "up to now, the Department of Planning and Investment has not received any relevant documents and files". And request: "In order to have a basis for consideration and reporting according to the direction of the Provincial People's Committee in Document No. 1793/UBND-CN dated March 18, 2022, the Department of Planning and Investment requests the Company to urgently provide legal documents and records related to the project".
Ask the staff of the Department of Planning and Investment: The Provincial People's Committee has assigned the deadline for the 3/2 Agricultural and Industrial Joint Stock Company to complete the project investment procedures by July 1, 2022. Currently, this deadline has been exceeded by more than 2 months. So how will the Department of Planning and Investment handle this? The answer received is: The Department of Planning and Investment will properly implement the direction of the Provincial People's Committee. Specifically, it will report the actual situation for the Provincial People's Committee to consider and assign the Department of Construction to advise on canceling Decision No. 1553/QD.UB dated July 3, 1995 of the Provincial People's Committee on surveying and selecting the location to plan the 3/2 Farm Workers' Rest House project and related legal documents!