The People's Committee of Vinh City responds to the issues raised in the press!
Following the Nghe An Newspaper's publication of feedback from residents of Group 7 and Group 8, Tan Hoa Block, Ha Huy Tap Ward, regarding the construction of a building on plot number 33 in the Bac Nguyen Sy Sach villa planning area that violates construction planning regulations, on January 25, 2013, the Vinh City People's Committee issued Document No. 452/UBND – QLĐT responding as follows:
(Baonghean)Following the Nghe An Newspaper's publication of feedback from residents of Group 7 and Group 8, Tan Hoa Block, Ha Huy Tap Ward, regarding the construction of a building on plot number 33 in the Bac Nguyen Sy Sach villa planning area that violates construction planning regulations, on January 25, 2013, the Vinh City People's Committee issued Document No. 452/UBND – QLĐT responding as follows:
Plot No. 33 is located within the master plan of the Bac Nguyen Sy Sach Villa Area owned by Mr. Nguyen Hong Linh at plot No. 209, map sheet No. 43, for which the Vinh City People's Committee issued Certificate of Land Use Rights, Ownership of Houses and Other Assets Attached to Land No. BI 762741 on May 4, 2012.
On October 24, 2012, the Vinh City People's Committee received an application for a construction permit from Mr. Nguyen Hong Linh, accompanied by two sets of design documents; a notarized copy of the land use right certificate; a commitment letter; a construction site inspection report; the architect's professional certificate; and the design firm's business license. Mr. Nguyen Hong Linh's application for a construction permit was deemed valid by the Ha Huy Tap Ward People's Committee, which recommended that the Vinh City People's Committee issue the permit.
After reviewing the documents, the City Urban Management Department sent officials to inspect the site and advised the department's leadership and the City People's Committee to issue Construction Permit No. 1031/GPXD dated October 31, 2012, to Mr. Nguyen Hong Linh. This permit included a clause stating that the construction site's location coincided with the red line boundary of a planned 12m wide road, which was inconsistent with the as-built drawings and plot demarcation for the third phase of the Bac Nguyen Sy Sach Villa Area, approved by the Nghe An Provincial People's Committee on August 17, 2006 (Mr. Nguyen Hong Linh's plot of land is adjacent to a 9m wide planned road, with a building boundary 3m from the red line boundary and a 3m setback).
According to Section 3 of the Construction Permit, the investor must: present the construction permit to the local authorities before commencing construction to locate the site and display a sign at the construction site as required. However, in reality, when commencing site surveying and construction, Mr. Nguyen Hong Linh's household did not notify the People's Committee of Ha Huy Tap Ward to jointly monitor the implementation.
In carrying out its duty to monitor construction order in the area, the People's Committee of Ha Huy Tap Ward discovered violations in the positioning of the construction project at plot number 33 and reported this to the People's Committee of Vinh City in Official Letter No. 01/BC – UBND dated December 3, 2012. On the same day, the city leadership assigned the Urban Management Department to coordinate with the People's Committee of Ha Huy Tap Ward and the urban inspectorate to inspect the site and draw up inspection report No. 11/BB – UBND requesting Mr. Nguyen Hong Linh to temporarily stop construction, and simultaneously sent Official Letter No. 4598/UBND – QLĐT dated December 3, 2012 from the People's Committee of Vinh City regarding the temporary suspension of construction according to construction permit No. 1031/GPXD dated October 31, 2012.
At the time of inspection, Mr. Nguyen Hong Linh's household had completed the rough construction of the first and second floors; the formwork and steel reinforcement for the second-floor roof had been installed, but the concrete had not yet been poured.
On December 11, 2012, the People's Committee of Vinh City issued Decision No. 7399/QD-UBND revoking Construction Permit No. 1031 and requiring Mr. Nguyen Hong Linh to adjust the design and construction to comply with the planned road boundary of 9m (reset 3m from the red line boundary).
Mr. Nguyen Hong Linh has cooperated with Vinh City and strictly complied with the city's official documents and decisions. However, due to the unstable structural condition of the building, Mr. Nguyen Hong Linh's household requested to temporarily retain the roof and floor of the first floor to store materials for the construction of the upper part of the building, in accordance with the building setback regulations. On January 22, 2013, Mr. Nguyen Hong Linh's household proactively removed and dismantled the part of the first floor that did not conform to the planning of the Bac Nguyen Sy Sach villa residential area – the building's foundation was 3 meters from the red line of the 9-meter wide planned road.
Currently, the City People's Committee is directing the handling of the next steps related to the demolition of the structure within the 3-meter setback area of Mr. Nguyen Hong Linh's property.
First, Nghe An Newspaper would like to thank the Vinh City People's Committee for promptly addressing and responding to the public's feedback. However, the official document from the Vinh City People's Committee does not clearly state the responsibilities and course of action for the officials involved who made the mistake in issuing the construction permit to Mr. Nguyen Hong Linh.
Vinh City People's Committee