Deadly crane collapse: House built without land ownership.

(Baonghean.vn) - ProjectThe apartment and townhouse complex in Block 5, Truong Thi Ward (Vinh City) has not yet completed the land transfer paperwork, but the local authorities and some relevant departments have still recommended and approved the project; the investor is still proceeding with construction!

Ignoring the regulations

On July 25, 2015, 471 Joint Stock Company submitted document No. 274TT.CT requesting the early return of the land and the land sale contract between 471 Joint Stock Company and Truong Thanh Limited Liability Company. The land plots that 471 Joint Stock Company requested to return are those leased to 471 Joint Stock Company by the People's Committee of Nghe An province on an annual payment basis, as per Decision No. 721.QD-UBND.DC dated December 16, 2014, and granted land use right certificates with the following numbers: BY 969917 (947.7m2), BY 969918 (302.6m2), and BY 969919 (1669.3m2), located in Block 5, Truong Thi Ward (Vinh City). Based on that, on September 16, 2015, Truong Thanh Co., Ltd. submitted document No. 106/TT.CT requesting to lease back the land returned by 471 Joint Stock Company for investment in the construction of apartment buildings and townhouses.

To be fair, Truong Thanh Co., Ltd. conducted a survey of residents living around the project. According to this survey, 100% of the residents agreed. However, this survey did not include the opinion of the representative from Le Viet Thuat High School (which borders the project to the west and south).

Document seeking feedback from households regarding the project of Truong Thanh Co., Ltd.

On March 1, 2016, the People's Committee of Truong Thi Ward issued document No. 33/UBND-TT (signed by Chairman Nguyen Tat Thien), proposing that "Since being granted the land, Joint Stock Company 471 has not been operating effectively, and the land has become a dumping ground for construction waste, overgrown with weeds. Many local residents have expressed their disapproval. Furthermore, due to losses, Joint Stock Company 471 has transferred all assets attached to the three land plots to Truong Thanh Limited Liability Company. Therefore, to maximize the value of the land and align with the general planning of Vinh City, the People's Committee of Truong Thi Ward considers that converting the land use purpose to invest in the construction of apartment buildings and townhouses is consistent with urban planning and legal regulations. The People's Committee of the ward requests that the competent authorities consider and resolve this matter."

On March 9, 2016, the People's Committee of Vinh City issued document No. 861/UBND-QLĐT "Regarding the investment project for the construction of apartment buildings and townhouses in Truong Thi Ward, Vinh City by Truong Thanh Co., Ltd.", signed by the Chairman of the People's Committee of Vinh City, which proposed that "The conversion of the above-mentioned land plots from commercial and service land to residential land for the construction of apartment buildings and townhouses is consistent with the land use plan of Vinh City... To effectively utilize land resources, avoid wasting land resources, increase the housing supply for the city, and contribute to budget revenue, the People's Committee of Vinh City agrees with the proposal of Truong Thanh Co., Ltd. and the opinion of the People's Committee of Truong Thi Ward to build a housing area on the above-mentioned land plots."

In the aforementioned documents, neither Truong Thi ward nor the Vinh City People's Committee mentioned that this high-rise commercial apartment project was being built right next to Le Viet Thuat High School, and claimed that the project was "in accordance with Vinh City's land use plan" and "did not affect the surrounding environment".

Le Viet Thuat High School's proposal regarding the project.

No land... but still building a house!

On March 11, 2016, the Department of Natural Resources and Environment issued document 1135, recommending that "The aforementioned project is not consistent with the Vinh City Land Use Planning approved by the Provincial People's Committee in Decision No. 1759/QD-UBND dated April 29, 2010. However, currently, districts, cities, and towns in Nghe An province are preparing adjustments to land use planning until 2020 and the final land use plan (2016-2020). Therefore, if the Provincial People's Committee agrees, the above-mentioned project should be added and adjusted to the Vinh City land use planning and plan for submission to the Provincial People's Committee for approval."

In the aforementioned document, the Department of Natural Resources and Environment also proposed the following steps for implementing this project: Completing the land lease application, submitting it to the Provincial People's Committee for issuance of a land lease decision; after the Provincial People's Committee grants the land lease, Truong Thanh Co., Ltd. will register its land use needs and coordinate with relevant agencies to prepare procedures for transferring the land use purpose to implement the Project.

Previously, on March 9, 2016, the Department of Construction issued document No. 416 stating that "Adjusting the planning of the aforementioned land areas from office land to residential land (high-rise apartment buildings and low-rise housing) is acceptable."

On March 16, 2016, the Department of Planning and Investment sent document 431 to the People's Committee of Nghe An province stating that "The proposed project is consistent with the land use plan of Vinh city approved by the Prime Minister in Decision No. 49/2015/QD-TTg dated January 14, 2015".

Based on that, on March 24, 2016, the Provincial People's Committee issued document No. 1190/QD.UBND-XD (signed by Vice Chairman of the Provincial People's Committee Huynh Thanh Dien), approving the investment policy and allowing the preparation of a construction plan for a commercial apartment and townhouse project in Block 5, Truong Thi Ward, Vinh City, Nghe An Province. This document states: "The project may only commence when the investor has fully completed all procedures and conditions as stipulated by law regarding investment in housing development, land, construction planning, and real estate business… and has received approval from the competent authority as prescribed."

Detailed planning (1/500 scale) for the apartment and townhouse project in Block 5, Truong Thi Ward.

While the land plots that Truong Thanh Co., Ltd. requested to lease from 471 Joint Stock Company for investment in the construction of apartment buildings and townhouses were still under the ownership of 471 Joint Stock Company, on March 28, 2016, Truong Thanh Co., Ltd. submitted a proposal requesting appraisal and approval of the detailed construction plan at a scale of 1/5000 for the apartment building and townhouse complex.

On May 4, 2016, the People's Committee of Vinh City issued document 1874 agreeing with the proposal of Truong Thanh Co., Ltd. and "requesting the People's Committee of Nghe An province and the Department of Construction to review, appraise, and decide so that Truong Thanh Co., Ltd. can proceed with the next steps."

Subsequently, on May 25, 2016, the Department of Construction issued document No. 1095, concluding that "The planning dossier, as appraised by the investor, meets the requirements of the current regulations of Government Decree No. 37/2010/ND.CP dated April 7, 2010, on construction planning. The Department of Construction appraised the dossier based on the above content and respectfully submits it to the Provincial People's Committee for approval so that relevant agencies and the investor can proceed."

Based on advice from relevant levels and sectors, on May 31, 2016, the Provincial People's Committee issued Decision 2443/QD.UBND (signed by Vice Chairman of the Provincial People's Committee Huynh Thanh Dien), approving the detailed construction plan at a scale of 1/500 for the apartment and townhouse complex in Block 5, Truong Thi Ward, Vinh City.

In fact, the proposals and decisions regarding the approval of investment policies, permission to establish projects, and approval of the 1/500 detailed planning for the apartment and townhouse complex in Block 5, Truong Thi Ward, Vinh City, are not in accordance with regulations, because the land plots for which Truong Thanh Co., Ltd. is requesting permission to establish the project are still under the ownership of 471 Joint Stock Company.

On October 20, 2016, the Provincial People's Committee issued document 7979, stating its opinion to "Stop implementing Decision No. 1190/QD.UBND-XD dated April 23, 2016".

On November 11, 2016, the Provincial People's Committee issued Decision 5622/QD-UBND (signed by Vice Chairman of the Provincial People's Committee Huynh Thanh Dien), revoking Decision No. 1190/QD.UBND-XD dated April 23, 2016 and Decision No. 2443/QD.UBND dated May 31, 2016, on the grounds that they were "issued in violation of regulations".

During its implementation, this project also had numerous violations of construction regulations. On July 18, 2016, the People's Committee of Truong Thi Ward fined the project's investor for violating construction regulations by "arbitrarily pouring two concrete pillars to serve as the base of a tower crane onto the sidewalk." On August 4, 2016, the People's Committee of Truong Thi Ward sent document No. 1613 to relevant authorities, requesting that the project, which was under construction (foundation work), had inadequate safety and protection measures.

Construction on the project began in July 2016.

Due to the "premature" actions of Truong Thanh Co., Ltd., and the negligence of local authorities and relevant departments in providing advice, the project for a cluster of townhouses and apartments in Block 5, Truong Thi Ward (Vinh City) was constructed without a permit. On November 14, 2016, a tragic accident occurred at this project when a tower crane collapsed onto the grounds of Le Viet Thuat High School, killing one student instantly.

Following the incident, on November 15, 2016, the Provincial People's Committee issued Official Document No. 8752, addressed to relevant levels and sectors, directing them to "investigate and clarify the incident and handle it strictly according to the law."

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