Construction in violation of planning, the project of the Complex Service and Entertainment Business Area in Hung Nguyen has not been completely handled.
(Baonghean.vn) - Although it has been determined that the construction is not in accordance with planning, with many items encroaching beyond the boundary, up to now, the project of the General Service and Entertainment Business Area in Chau Nhan Commune (Hung Nguyen) of Bach Bach Phat Company Limited has not been completely handled.
Long-lasting existence
On November 21, 2016, Nghe An Provincial People's Committee issued Decision No. 5770/QD-UBND, approving the investment policy.Project of Complex Service Business Area and Entertainment in Hung Chau Commune(now Chau Nhan commune), for Bach Bach Phat Company Limited. On June 16, 2017, the Provincial People's Committee issued Decision No. 2599/QD.UBND approving the detailed planning at a scale of 1/500 with a total planned construction land area of 7,534.44m2.2.
Accordingly, the investor has divided this project into 2 areas for implementation. Area A includes the following items: Entrance gate; 1-storey company office and staff rest house; 1-storey sports business house; 1-storey lakeside refreshment house; fish pond for entertainment; garden. Area B includes the following items: Entrance gate; 2-storey event house; artificial turf; garage; garden.
After the detailed planning was approved, although not yet licensed, from 2017 to 2018, this unit proceeded with construction and put it into operation.
Ironically, by 2021, when the Department of Construction had only issued a construction permit for area A, area B (which had not yet been licensed) had already completed the construction of restaurant and garden complexes.
Not to mention, during the illegal construction process in area B, the investor built an additional 2-storey house with an area of about 240m2.2; 1 children's playhouse with an area of 137m22(not in the planning); 1 2-storey house with a construction land area of about 607m22, including 105m2construction is not in accordance with planning and about 84m2built outside the boundary. There is also a garden with an area of about 416m2built outside the project boundary.
More notably, the violations of the project investor have been punished many times. In particular, the People's Committee of Hung Chau commune (before the merger) has administratively punished this investor twice, then reported to the People's Committee of Hung Nguyen district for handling because it exceeded the local authority to punish.
In particular, at the time of construction, the People's Committee of Hung Chau commune also knew and suspended it, but the enterprise still deliberately carried it out.
In addition, in 2019, the People's Committee of Hung Nguyen district also imposed an administrative fine of VND30 million on the investor of this project. However, it was not until 2022 that the investor completed paying the fine, along with VND11 million in late payment interest.
Not to mention, despite not completing all the permits and paperwork, especially the paperwork on fire prevention and fighting, this project has still been in operation and has existed for more than 5 years.
Need to be decisive in handling
Decree 16/2022/ND-CP, issued on January 28, 2022 by the Government on administrative sanctions for construction violations, clearly states the forms of sanctions, maximum fines, remedial measures and sanctioning authority for cases of illegal construction and construction in violation of planning.
In particular, according to Clause 7, Article 17 of this Decree, the act of organizing construction without a construction permit, when a construction permit is required by regulations, shall be fined from 60 to 140 million VND.
For acts of construction that are not in accordance with approved construction planning or urban planning, the penalty shall be according to Clause 9, Article 17, with an amount from 80 million VND to 180 million VND.
In particular, the remedial measure for these violations is to force the demolition of the violating construction or part of the construction.
However, the fact that the Project of the Complex Service and Entertainment Business Area in Hung Chau Commune, invested by Bach Bach Phat Company Limited, still exists is something that makes public opinion very concerned.
Recently, we continued to be present at the project implementation area and saw that a children's playhouse built in violation of planning had been demolished.
However, the restaurant and event organizer complex in Area B, which was built illegally and against planning regulations, is still intact. This area includes the entrance gate and a 78.96m long fence built outside the project boundary; the land area for building the event organizer is 2 stories high, with a construction area of 900m2.2, but the investor built an additional 2-storey house with an area of about 240m22, 1 children's playhouse with an area of 137m22(now demolished); 1 2-storey house with construction land area of about 607m22, including 105m2construction is not in accordance with planning and about 84m2built outside the boundary. In addition, there is a garden with an area of about 416m2built outside the project boundary.
It is known that on January 26, 2024, the People's Committee of Hung Nguyen district issued Official Dispatch No. 191/UBND-KTHT on urging the handling and correction of violations of the investment project of Bach Bach Phat Company Limited and requiring the implementation of the project investment to ensure compliance with the provisions of law.
At the same time, assign the People's Committee of Chau Nhan commune to strengthen inspection, supervision and handling of investor activities according to authority and report to the District People's Committee.
However, the handling only stopped at demolishing the above-mentioned illegally built children's playhouse.
Most recently, on March 22, 2024, in response to the official dispatch requesting a response to the petition from the Provincial Citizen Reception Committee, the People's Committee of Hung Nguyen District issued Document No. 514/UBND-KTHT in response to violations at the General Service and Entertainment Business Area Project in Chau Nhan Commune of Bach Bach Phat Company Limited. Accordingly, after reviewing the content of the people's reflection, checking the project site, related documents and comparing with the provisions of law. The People's Committee of Hung Nguyen District also acknowledged that the people's reflection that the project investor had not yet fully corrected the violations was correct.
Hung Nguyen District People's Committee also said that currently, Bach Bach Phat Company Limited has dismantled a children's playhouse with an area of 137m2.2 part of the land area planned to build a 2-storey event house, construction area 900m22.
Not only that, on December 28, 2023, Bach Bach Phat Company Limited sent a document requesting approval to adjust this project; at the same time, committed to temporarily suspending activities at the project until receiving instructions from competent authorities, and voluntarily dismantling construction items not included in the project and violating construction items if not permitted by competent authorities to adjust.
It can be seen that although there have been moves to handle the violations of the Project of the Complex Service Business Area and Entertainment in Chau Nhan Commune, after such a period of time, it is clear that the handling is still too slow and not drastic and thorough. Therefore, the local government needs to handle it thoroughly to ensure the strictness of the law.