Finding the reason why the Provincial People's Committee canceled the Cau Thong Market Project
(Baonghean.vn) - In early 2024, a piece of information that received a lot of public attention was that the People's Committee of Nghe An province issued Decision 64/QD-UBND abolishing legal documents for the Cau Thong Market Construction Investment Project (Cau Thong Market Project), located on Nguyen Thiep Street in Trung Do Ward, Vinh City.
Unable to clear all the land
Cau Thong market project was invested by Trang Anh Construction Production and Trade Joint Stock Company (Trang Anh Company) since 2010. Previously, in 2005, the Provincial People's Committee approved the master plan for the construction of Cau Thong market in block 8, Trung Do ward, with a planning area of 1,780m2.2, construction density 58%. Also in 2005, Vinh City People's Committee decided to approve the economic and technical report on construction investment.Cau Thong market; decided to approve the compensation plan, support land acquisition and assigned Trung Do Ward People's Committee as the investor.
However, due to lack of funding for implementation, since 2007, Vinh City People's Committee has agreed to let Trang Anh Company be the investor instead of Trung Do Ward People's Committee. After that, the Provincial People's Committee also agreed to this plan, Trang Anh Company is allowed to inherit or study and adjust the construction planning, investment project, submit to competent authorities for appraisal and approval for implementation according to current regulations.
It is known that at that time, Cau Thong market area was under the management of Anh Hong Cooperative, with 2 plots of land, total area of 2,300m2On July 3, 2008, Trung Do Ward People's Committee had a record of handing over the land and receiving compensation between Trung Do Ward People's Committee and Mrs. Nguyen Thi Xuan's household (wife of Mr. Trinh Xuan Phung - Chairman of Anh Hong Cooperative managing the land) with the amount of 302.6 million VND on an area of about more than 2,300m2.2Of which, 1,800m2 of land has been completely cleared.2, about 500m left2(including a level 4 house and a karaoke business house), the family is responsible for self-clearance and handover to Trang Anh Company within 15 days from the date of receiving the full amount mentioned above.
After many years of hesitation, up to now, the area of nearly 500m2The remaining land clearance has not been completed yet (only about 200m2 has been handed over).2), the remaining area is occupied by the family of Mr. Phan Trong Nguyen (son-in-law of Mrs. Xuan and Mr. Phung), who lives on that land and refuses to move, even though Mr. Nguyen has not been granted a Land Use Rights Certificate.
On August 12, 2010, Nghe An Provincial People's Committee issued Decision No. 3573/QD.UBND-CN approving the adjustment of the detailed construction planning of Cau Thong market with an adjusted planning area of 2,318.7m2.2, including 2 areas, of which area A has an area of 1,855m2, Area B has an area of 467.3m2. Area 467.3m2Previously, the parking lot was planned to be a 5-storey office building for the management board and general services.
For many years, although the People's Committee of Nghe An province has issued many documents directing the People's Committee of Vinh city to clear the land to hand over the land to the investor to implement the project, the land clearance on the land where Mr. Phan Trong Nguyen's family is living has not been carried out. Mr. Phan Trong Nguyen's family has also complained many times, received citizens by the provincial leaders, and at the same time, requested to be granted a Certificate of Land Use Rights.
Cancellation of relevant legal documents
Returning to the story of Trang Anh Company taking over the Cau Thong market construction project, in parallel with waiting for site clearance in area B, from 2008-2016, this company also built a solid market in area A with about more than 40 households doing business.
On November 13, 2014, the Provincial People's Committee also issued an Investment Certificate and on December 4, 2014, it leased land to Trang Anh Company for the first phase with an area of 1,855m2.2(Area A), in the form of land lease with annual payment.
To implement the project, in 2016, Trang Anh Company split into two companies: Trang Anh Construction Production and Trade Joint Stock Company and Trang Anh Trade Services Joint Stock Company. The land area is 1,855m2belonging to Area A previously changed the land user to Trang Anh Commercial Services Joint Stock Company. Also in 2017, Trang Anh Commercial Services Joint Stock Company merged with Vinh Urban Development Joint Stock Company.
At the same time, the investor demolished the market that was operating on an area of 1,855m2.2to carry out procedures to adjust and implement the investment project to build a 15-storey apartment building, after forming a joint venture with Vinh Urban Development Joint Stock Company (now renamed Saigon Land Corporation). However, the plan to build a 15-storey apartment building was not approved by the Provincial People's Committee.
Currently, according to our actual observations, area A of the project is currently vacant; and area B, in addition to Mr. Phan Trong Nguyen's house, the investor has built a temporary market for households to do business and trade, after the old market in area A was demolished to plan to build a 15-storey apartment building.
Because the Cau Thong market project could not be implemented, the conversion to high-rise apartment building construction in area A was not approved, on January 10, 2024, the People's Committee of Nghe An province issued Decision No. 64/QD-UBND on abolishing legal documents of the People's Committee of Nghe An province regarding the Cau Thong market construction investment project in Trung Do ward, Vinh city.
Accordingly, the People's Committee of Nghe An province decided to abolish documents related to the project such as: Official dispatch No. 1314/UBND-CN dated March 16, 2010 of the People's Committee of Nghe An province on changing the investor of Cau Thong market construction in Trung Do ward, Vinh city; Investment certificate No. 27121000098 issued by the People's Committee of the province on November 13, 2014 to Trang Anh Company; Decision No. 3573/QD.UBND-CN dated August 12, 2010 of the People's Committee of the province on approving the adjustment of the detailed planning for Cau Thong market construction; Decision No. 685/QD-UBND.DC dated December 4, 2014 of the People's Committee of the province on leasing land to Trang Anh Company for the first phase.
The reason for the cancellation is: The Cau Thong market project is no longer in accordance with the relevant planning. Because Trang Anh Company has not operated at the registered address for more than 1 year, its financial capacity does not ensure the use of land according to the project progress; it does not coordinate to report on the progress of project implementation; the investor does not comply with the contents of the Investment Registration Certificate No. 0331370514 issued by the Department of Planning and Investment for the first change on January 13, 2017. In addition, the implementation of the investment project adjustment procedures when the investor divides, separates, or merges enterprises is not in accordance with the provisions of Clause 1, Article 40, Investment Law 2014 and Article 38, Decree No. 118/2015/ND-CP dated November 12, 2015 of the Government detailing and guiding the implementation of a number of articles of the Investment Law.
In Decision No. 64, the Provincial People's Committee also assigned relevant departments, branches and localities to inspect and review procedures to carry out the next steps when canceling the above documents in accordance with current legal regulations; coordinate with investors to assess costs, financial obligations, land for handling, and advise on solutions to handle issues related to the project in accordance with regulations.
After the Provincial People's Committee issued Decision 64, we contacted Mr. Nguyen Vo Bieu - Director of Trang Anh Company. Mr. Bieu said that the delay in implementing the project was due to the local government's failure to clear the land to hand over the clean land to the investor. The unit has also spent a lot of money and effort since the People's Committee allowed the Cau Thong Market Project to be implemented.
Regarding Decision 64, Mr. Bieu said that he had also received this decision, but had not been invited to work specifically, and had not yet had any specific feedback on this...
