Illegal construction projects and those that violate planning in Hung Nguyen district need to be thoroughly handled.
(Baonghean.vn)- In addition to illegal construction, the project of the Complex Service Business and Entertainment Area in Hung Chau Commune (now Chau Nhan Commune, Hung Nguyen District) that Nghe An Newspaper reported on was also illegally constructed. However, after many years, the violations of the project have not been completely resolved.
Illegal construction
As reported by Nghe An electronic newspaper in the article"The project of illegal construction and encroachment outside the boundary in Hung Nguyen district still blatantly exists", posted on December 28, 2023, Bach Bach Phat Company Limited was approved by the People's Committee of Nghe An province to invest in the Project of a comprehensive service and entertainment business area in Hung Chau commune according to Decision 5770/QD-UBND dated November 21, 2016. After a period of survey and planning, on June 16, 2017, the Provincial People's Committee issued Decision 2599/QD.UBND on approving the detailed construction planning at a scale of 1/500 with a total planned construction land area of 7,534.44m22.
According to the approved planning, the investor has divided the project into 2 areas. Area A includes the following items: entrance gate; 1-storey company office and staff rest house; 1-storey sports business house; 1-storey lakeside refreshment house; fish pond for entertainment; garden. Area B includes the following items: entrance gate; 2-storey event house; artificial turf; garage; garden.
Although the construction planning has just been completed, from 2017 to 2018, this unit has carried out construction and put it into operation.
In particular, in 2021, when the Department of Construction issued a Construction Permit for Area A of the project, including the following items: Entrance gate; company office and worker accommodation; sports business house; lakeside refreshment house; fish pond; garden. However, before that, the investor had built restaurant and garden complexes in Area B - which had not been licensed.
During the illegal construction process in area B, the investor built an additional 2-storey house with an area of about 240m2.2, 1 children's playhouse with an area of 137m22(not in the planning); 1 2-storey house with a construction land area of about 607m22, including 105m2construction in violation of planning and about 84m2built outside the boundary. There is also a garden with an area of about 416m22built outside the project boundary.
It is worth mentioning that although the local government has conducted inspections and fines for illegal construction, construction in violation of planning, and has not been granted a certificate of design approval for fire prevention and fighting, this project has still been in operation and has existed for 5 years now.
Need to be dealt with thoroughly
Working with Mr. Ho Sy Huong - Deputy Head of Economic - Infrastructure Department, Hung Nguyen District People's Committee, we requested the local government to provide documents and files related to this project, as well as inspection records when the project had violations. However, the representative of Hung Nguyen District People's Committee refused and only agreed to exchange without any accompanying documents or files.
Mr. Huong affirmed that when implementing this project, the investor did not have a construction permit. Although the project was completed in 2017 and 2018, it was not until 2019 that the People's Committee of Hung Nguyen district imposed an administrative fine of VND 30 million and required the completion of related procedures within 60 days. It was not until 2022 that the investor of this project paid the fine (an additional VND 11 million in late payment interest).
According to Mr. Huong, in 2022, the People's Committee of Hung Nguyen district re-inspected but the investor had not yet fixed the problem. Immediately after that, the People's Committee of the district also requested to immediately stop all related activities. However, in reality, the illegal construction items of the investor have not been handled but still blatantly exist.
When asked why the violation has been going on for a long time but the construction has not been forced to be dismantled, Mr. Huong replied that it is being fixed, and if it cannot be fixed, it will be forced to be dismantled.
Mr. Nguyen The Phiet - Head of Housing and Real Estate Market Management Department, Department of Construction said: The investor of the Project of the Complex Service Business and Entertainment Area in Hung Chau Commune (now Chau Nhan Commune) was approved by the Provincial People's Committee for the 1/500 construction plan based on the appraisal of the Department of Construction. The construction must comply with the plan. The responsibility of the local government to check and ensure whether the construction is in accordance with the plan or not is the responsibility of the local government, because in reality, only the local government is the closest in the project implementation area.
It is known that Bach Bach Phat Company Limited has been granted a Construction Permit for Area A of the project. This permit is also only valid for 12 months. If during this period, the investor does not proceed with construction or extension, it will expire. In fact, the construction permit for Area A of the project was granted in 2021 and has now expired.
Through discussion, Mr. Ho Sy Huong said that regarding the violations of the investor of this project, the People's Committee of Hung Nguyen district based on Decree 139/2017/ND-CP dated November 27, 2017 on regulations on administrative sanctions for violations in construction investment activities; exploitation, processing, and trading of minerals as construction materials... to issue a decision to impose a fine of 30 million VND in 2019.
Obviously, the illegal construction and construction in violation of planning by Bach Bach Phat Company Limited for the Project of the Complex Service Business and Entertainment Area in Hung Chau Commune (now Chau Nhan Commune, Hung Nguyen) is indisputable. Therefore, the local authorities need to handle it decisively to ensure the strictness of the law.
At present, Decree 16/2022/ND-CP, issued on January 28, 2022 by the Government on administrative sanctions for construction violations, has clearly stated the form of sanctions, maximum fines, remedial measures and sanctioning authority for cases of illegal construction and construction in violation of planning.
In particular, according to Clause 7, Article 17 of this Decree, the act of organizing construction without a construction permit, when a construction permit is required by regulations, shall be fined from 60 million VND to 140 million VND. The act of constructing not in accordance with approved construction planning or urban planning shall be fined according to Clause 9, Article 17, with an amount from 80 million VND to 180 million VND. In particular, the remedial measure for these violations is to force the demolition of the violating construction or part of the construction.
