Regarding land acquisition in Quan Bau ward to build BMC - Vinh - Plaza complex

(Baonghean) - In order to build a more modern and spacious city, Vinh City has recently reclaimed land to carry out a number of urban renovation projects, including the Project to Build a Commercial Center, Office for Lease and Luxury Apartments BMC - Vinh - Plaza in Quan Bau Ward; this process has encountered some difficulties due to changes in the Land Law.

Problems

The project to build the BMC - Vinh - Plaza Trade Center, Office for Lease and Luxury Apartments in Quan Bau Ward (Vinh City) invested by BMC Construction Materials and Commercial Construction Company Limited has been approved by the Provincial People's Committee for detailed construction planning in Decision No. 5436/QD.UBND-XD dated December 13, 2007 and adjusted the planning in Decisions No. 575/QD.UBND-XD dated February 6, 2013 and No. 5253/QD.UBND-XD dated November 6, 2013.

The current status includes agricultural land, traffic, irrigation managed by the People's Committee of Quan Bau ward and a part of the land used by Mr. Le Van Hong's household (transferred from the Le Loi ward trading cooperative in 1991, at a price of 26 million VND).

Vinh City area is reclaimed to implement the BMC - Vinh - Plaza Trade Center, Office for Lease and Luxury Apartments Project.

Although this project was approved in late 2007 and implemented in 2010, due to many difficulties and problems in the site clearance process (including problems related to the land used by Mr. Le Van Hong), the project has not been implemented according to the set schedule.

Pursuant to Decision No. 66/2010/QD-UBND dated August 26, 2010 of the People's Committee of Nghe An province regulating land recovery, allocation, land lease, land use purpose conversion and granting of land use right certificates to domestic organizations, overseas Vietnamese, foreign organizations and individuals implementing investment projects in Nghe An province, the Project to Build a Trade Center, Office for Lease and Luxury Apartments BMC - Vinh - Plaza belongs to the project of land recovery by the State for the following reasons:

- Belonging to housing construction projects for sale or rent according to the provisions of the law on housing and the law on real estate business, commercial center construction projects.

- This project has been shown in the detailed urban construction planning of Quan Bau ward approved by Nghe An Provincial People's Committee in Decision No. 5503/QD.UBND-CN dated December 31, 2007.

Accordingly, on July 22, 2010, Nghe An Provincial People's Committee issued Decision No. 224/QD-UBND.DC to reclaim land (phase 1) with an area of ​​10,239.8m2 under the authority of the Provincial People's Committee (reclaimed according to the provisions of the 2003 Land Law).

Regarding the remaining land area used by Mr. Le Van Hong, although there are complete land recovery documents according to the provisions of Article 13, Decision No. 66.2010/QD.UBND dated August 26, 2010 of Nghe An Provincial People's Committee, but because Mr. Le Van Hong is petitioning to determine the land type (residential land or non-agricultural land other than residential land) for the area he uses that is affected by the project.

During the process of reviewing the content of Mr. Le Van Hong's petition, the Provincial People's Committee and Vinh City People's Committee found that there were still many problems in determining the type of land, so they did not issue a decision to reclaim it, but asked for instructions from the General Department of Land Management. While waiting for instructions, the 2013 Land Law took effect from July 1, 2014.

After the General Department of Land Administration - Ministry of Natural Resources and Environment commented in Document No. 1416/TCQLDD, dated October 20, 2014, Vinh City People's Committee issued Decision No. 1821/QD-UBND dated April 7, 2015 on recovering the land used by Mr. Le Van Hong (with an area of ​​998.2m2) and at the same time approved the compensation plan in Decision No. 1822/QD-UBND dated April 7, 2015.

However, Mr. Le Van Hong filed a complaint with the Vinh City People's Committee and sued the Vinh City People's Committee at the Vinh City People's Court to request the cancellation of part of Decision 1821 and 1822.

On June 28 and 29, 2016, Vinh City People's Court tried and issued judgment No. 2/2016 requesting to partially cancel Decisions No. 1821 and 1822, because "the land recovery has not been approved by the People's Council of Nghe An province", so "the land recovery procedures have not been implemented in accordance with the land recovery procedures prescribed in Article 69 of the 2013 Land Law".

When the verdict came into effect, on September 19, 2016, Vinh City People's Committee issued Decision No. 6379/QD-UBND on the cancellation of Decisions 1821 and 1822, with the reason of "implementing the verdict No. 2/2016 of Vinh City People's Court" and "Assigning the City Land Fund Development Center to coordinate with relevant departments and units to re-establish the compensation plan, support site clearance for Mr. Le Van Hong's household to implement the Project of Construction of Trade Center, Office for lease and BMC - Vinh - Plaza Luxury Apartment in Quan Bau Ward; submit to the City People's Committee for approval in accordance with legal procedures".

Follow the correct procedure

In order to comply with the procedures and regulations of the 2013 Land Law on land recovery, on April 29, 2016, Vinh City People's Committee issued Official Dispatch No. 1839/UBND-TNMT to the Provincial People's Committee and the Department of Natural Resources and Environment on adding the Project of Construction of Trade Center, Office for lease and Luxury Apartment BMC - Vinh - Plaza in Quan Bau Ward to the land use plan for 2016.

On May 4, 2016, the Department of Natural Resources and Environment issued Document No. 2205/STNMT-QLDD reporting to the Provincial People's Committee to approve the land recovery policy to implement the Project of Building a Trade Center, Office for Lease and Luxury Apartments BMC - Vinh - Plaza in Quan Bau Ward with a total area of ​​0.15ha.

Next, on May 12, 2016, the Provincial People's Committee issued Document No. 3134/TTr-UBND submitting to the Standing Committee of the Provincial People's Council the policy of revocation to implement this project.

On June 15, 2016, the Standing Committee of the Provincial People's Council issued Official Dispatch No. 130/HDND agreeing with the land recovery policy submitted by the Provincial People's Committee.

On July 19, 2016, the Provincial People's Committee issued Document No. 5140/UBND-CN to the Provincial People's Council for approval of the list of projects requiring land acquisition, including the Project to Build a Commercial Center, Office for Lease and Luxury Apartments BMC - Vinh - Plaza in Quan Bau Ward with an area of ​​0.15 hectares.

On that basis, on August 4, 2016, the Provincial People's Council issued a Resolution approving the list of works and projects requiring land recovery according to the provisions of Clause 3, Article 62 of the Land Law in Nghe An province. This Resolution approved 225 works and projects with an area of ​​766.91 hectares in Nghe An province requiring land recovery according to the provisions of Clause 3, Article 62 of the Land Law (in addition to the list of 2,276 works and projects approved by the Provincial People's Council in Resolution No. 197/NQ-HDND dated December 20, 2015). In the list of works requiring land recovery, there is the Project to Build a Trade Center, Office for Lease and High-class Apartments BMC - Vinh - Plaza in Quan Bau ward with an area of ​​0.15 hectares.

On October 28, 2016, the Department of Natural Resources and Environment submitted Document No. 6125.STNMT-QLDD to the Provincial People's Committee on supplementing the 2016 land use plan of Vinh city. On November 3, 2016, the Provincial People's Committee issued Decision No. 913/QD-UBND on approving the supplement to the 2016 land use plan of Vinh city, including the Project of Building a Trade Center, Office for Lease and Luxury Apartments BMC - Vinh - Plaza in Quan Bau Ward.

On December 14, 2016, Vinh City People's Committee issued Notice No. 345/TB-UBND on land recovery to implement the Project of Construction of Trade Center, Office for lease and Luxury Apartment BMC - Vinh - Plaza in Quan Bau ward, phase 2.

Thus, according to the procedure, the approval of the Provincial People's Committee and People's Council for Vinh City to reclaim land to implement the BMC - Vinh - Plaza Trade Center, Office for Lease and Luxury Apartment Project in Quan Bau Ward, Vinh City is in accordance with the provisions of the Land Law./.

PV Group