Lesson 3: Lessons in Management

(Baonghean.vn)The incidents at the Central Park and the Provincial Labor Culture House serve as a valuable lesson that state management agencies need to learn from in inspecting and controlling the order of construction activities in the area.

Undeniably, there was a time when Trung Long Joint Stock Company and the Provincial Labor Cultural Center made positive contributions to investing in the construction and upgrading of facilities to better serve community cultural activities.

However, during the implementation process, some construction projects were found to be inconsistent with the approved plan, lacking construction permits, and being used for purposes other than intended. The primary responsibility for these violations lies with Trung Long Joint Stock Company and the Provincial Labor Culture House, but also with the oversight of the managing agency, specifically the Provincial Labor Federation and the local government, the Vinh City People's Committee.

In reality, the state management of construction order has a whole system ranging from construction inspectors, city urban management departments, urban inspectors to ward-level urban order teams... Yet, even in the most central areas of Vinh City, there are construction projects that violate planning regulations and are used for purposes other than intended. Only when public opinion speaks out and the Provincial People's Committee issues a directive to conduct an inspection do the relevant authorities truly get involved.

We were truly surprised when the Chief Inspector of Urban Planning in Vinh City stated: "The responsibility for handling this lies with the People's Committee of Le Mao Ward and the People's Committee of Vinh City, specifically the City's Urban Management Department, and not with the authority of the urban planning inspectorate...". With such an answer, what is the main function of the urban planning inspectorate and what is its scope of operation? From the information we have, the urban planning inspectorate also faces many "difficulties," such as the fact that some constructions at the Provincial Labor Culture House have been subject to administrative penalties, orders to stop construction and demolition, but ultimately they remain with "external" interference. Or there are constructions that, according to law, should not exist within the grounds of a cultural center, yet have been granted full construction and business permits and have been operating for many years. A typical example is the Ngoc Chau restaurant (This building is not listed within the cultural center's premises in Decision No. 2365/QD.UBND.CN dated June 19, 2008, of the People's Committee of Nghe An province approving the detailed adjustment of the construction of the Nghe An Labor Cultural Center).

Meanwhile, Mr. Chu Van Mai, Chairman of the People's Committee of Le Mao Ward, explained: "Although both the Central Park and the Provincial Labor Culture House are located within the ward, they are under the management of the provincial level, and the People's Committee of the ward does not have sufficient authority to resolve the issues. The residents' concerns about the conversion of land use or the construction of some structures that violate planning regulations, creating fragmentation and disrupting the urban space at the Central Park and the Provincial Labor Culture House, have long been addressed by the ward through petitions to the City People's Committee."

However, when asked about the function of the ward's urban order team, Mr. Chu Van Mai admitted: "According to Decree 23, the ward's urban order team has the right to inspect and handle violations, but due to the team's lack of professional skills, and because these are all areas under provincial-level management, the team doesn't dare to enter. The Le Mao ward's viewpoint, as well as the people's aspirations, are in agreement with the policy of resolutely dismantling illegally constructed buildings to ensure the strict enforcement of the law and maintain urban aesthetics."

To be more frank, Mr. Le Quoc Hong, Vice Chairman of the Vinh City People's Committee, affirmed: "The responsibility for this incident lies primarily with three agencies under the city's authority: the Le Mao Ward People's Committee, the City Urban Inspectorate, and the City Urban Management Department. The reasons are partly due to a hesitant and deferential attitude towards the 'project attracted by the province and managed by a provincial-level agency,' and partly due to negligence and abandonment of duties. The City People's Committee has assigned the City Urban Management Department to convene a meeting of all relevant parties to review and clarify the responsibilities of each agency and unit. Regarding the Labor Cultural Center, there had been previous handling of the matter, but it lacked decisiveness and was half-hearted."

Mr. Hong also admitted that "the city's weakness and shortcoming is that the planning documents are incomplete, making it very difficult to advise and manage. The City Urban Management Department cannot perform its duties well when it does not have detailed plans for both the Central Park and the Provincial Labor Culture House...". Regarding this, we had previously heard the head of the urban management department explain over the phone that "I have just taken on the job and do not know if those planning documents exist or who manages them...".

At a meeting of stakeholders chaired by Mr. Huynh Thanh Dien, Vice Chairman of the Provincial People's Committee, held on the afternoon of October 21st, representatives from the Department of Construction – a state agency managing construction in the province – proposed considering retaining some illegally constructed buildings, such as the Suoi Mo restaurant, because it is "hidden behind the parking lot and does not affect the architectural landscape of the street. Furthermore, its use for food and beverage business is temporary, while in the long term it will be a waiting area for entertainment." Regarding the mini football field, they argued that "although it does not conform to the approved plan, it does not affect the intended use and landscape of the park."

With this explanation, it's not difficult to understand why construction projects that violate planning regulations in our province are increasingly springing up. If all construction projects violating planning regulations were allowed to remain after paying fines, what would the planning of Vinh City – a first-class urban area – look like? However, the Provincial People's Committee's stance is that the violations at the Central Park and Provincial Labor Culture House project need to be dealt with decisively, avoiding prolonged violations, while ensuring maximum convenience for investors and adhering to principles and laws. This is also clearly stated in Official Letter No. 5884/QD-UBND dated October 5, 2011, regarding the handling of violations in the Central Park and the Provincial Labor Culture House of the Provincial People's Committee: "The Department of Construction is assigned to take the lead in coordinating with the Vinh City People's Committee to impose administrative penalties and require the investor to dismantle all construction works and project components that do not comply with regulations... If the investor fails to comply within the specified time limit, enforcement will be carried out according to regulations. Report the results to the Provincial People's Committee before November 15, 2011."

Regarding the Provincial Labor Culture House, the Provincial People's Committee has decided to transfer it to the direct management of the province and to develop it into a conference center serving political and social events in the province. All staff and employees of the Provincial Labor Culture House will be assigned appropriate work by the Provincial People's Committee. Thus, the solution is clear; the investor needs to acknowledge their mistakes and rectify them, and the state management agency must also recognize its weaknesses to strengthen inspection and supervision of investment and construction activities in the area, preventing prolonged violations that affect urban order and aesthetics and create negative public opinion.

Reporters