Law

Promptly address violations in the urban area of ​​Dien Chau.

Tien Dong January 16, 2025 15:23

The People's Committee of Dien Chau District requests the investor of the Housing and Commercial Service Area Project in Dien Ngoc commune (now Ngoc Bich commune) to promptly resolve all outstanding issues.

The residential and commercial service area project in Dien Ngoc commune (now Ngoc Bich commune), Dien Chau district, is invested by Hai Van Co., Ltd.

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The residential and commercial service complex project in Dien Ngoc commune (now Ngoc Bich commune), Dien Chau district, invested by Hai Van Co., Ltd., as seen from above. Photo: Tien Dong.

The project received investment approval from the People's Committee of Nghe An province under Decision No. 3437/QD-UBND.DT dated July 23, 2014. Simultaneously, the detailed construction plan at a scale of 1/500 was approved under Decision No. 3224/QD.UBND-XD dated July 28, 2015.

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Many areas within the project have already been built with houses. Photo: Tien Dong

This project has been adjusted multiple times by decisions issued by the Provincial People's Committee and the Dien Chau District People's Committee. The total land area for the project is currently 312,464.75 m².2The area is divided into two zones, A and B, with land for housing, commercial and service purposes, public works, green spaces, sports facilities, technical infrastructure, parking lots, etc. The total number of land plots after adjustment is 831 (an increase of 78 plots compared to the original plan).

Nhà nhếch nhác
A row of houses built in violation of approved planning and design regulations. Photo: Tien Dong

According to our investigation, although the plan stipulates that the townhouses and villas in this project must be built to three stories, currently, in area A of the project, the area adjacent to the 24-meter planned road, which is the most prime location, construction has not followed the approved plan and design. Many plots of land have been built into single-story houses, kiosks, and seafood storage sheds with corrugated iron roofs...

According to statistics, there are 79 plots of land in violation of construction regulations. In 2022, the People's Committee of Dien Chau district issued two decisions imposing administrative penalties on Hai Van Co., Ltd., totaling over 302 million VND.

It has been learned that on September 22, 2022, Hai Van Co., Ltd. sent Commitment Letter No. 04/CK.CTY to local authorities at all levels. In it, regarding real estate business, the company "commits to having fully consulted and agreed upon all matters and to having no disputes, complaints, or grievances in accordance with regulations, and to bearing full legal responsibility if any incidents arise."

nhếch nhác
The kiosks, stalls, and seafood warehouses located along the 24-meter-wide planned road look just like a market. Photo: Tien Dong

In addition, it is committed to "regularly monitoring, inspecting, guiding, and being legally responsible for ensuring that the construction of houses by households and individuals complies with the detailed planning."

Furthermore, the investor commits not to buy, sell, or transfer land or housing plots that do not meet the necessary conditions or have not fulfilled their financial obligations; to not to illegally raise capital or sell housing; to not to use a single plot of land to raise capital from multiple people; or to not to construct buildings that do not conform to the design documents approved by competent authorities. The investor will be held fully responsible under the law if any organizations or individuals investing in or constructing buildings or housing violate construction regulations and other related laws.

Hai Van Company Limited also committed to taking responsibility for rectifying the aforementioned violations of construction regulations before December 31, 2023.

However, working with the People's Committee of Dien Chau District, specifically the Department of Economy and Infrastructure, we learned that on October 30, 2024, the People's Committee of Dien Chau District issued Document No. 3086/UBND-KT&HT requesting Hai Van Co., Ltd. to carry out investment and construction in accordance with current legal regulations. Accordingly, the People's Committee of Dien Chau District requested the company to regularly inspect, detect, and record violations of construction regulations, suspend construction, and promptly and strictly handle any violations within its authority... In particular, the company must fully and promptly implement all commitments made in Commitment Agreement No. 04, dated September 22, 2023.

The People's Committee of Dien Chau District also requested Dien Ngoc Commune (now Ngoc Bich Commune) to be responsible for urging, inspecting, and supervising Hai Van Co., Ltd. regarding the implementation of the committed contents. The People's Committee of Dien Ngoc Commune (before its merger with Dien Bich Commune), on December 11, 2024, issued Document No. 452/UBND-DC, requesting Hai Van Co., Ltd. to carry out investment and construction in accordance with current legal regulations. Simultaneously, they were required to report on the implementation of the contents as stated in Commitment No. 04 no later than December 27, 2024, so that the People's Committee of Dien Ngoc Commune could report to the People's Committee of Dien Chau District within the specified timeframe.

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Document from the People's Committee of Dien Ngoc commune before the merger. Photo: Tien Dong

However, on the morning of January 14, 2025, after consulting with the relevant officials, Mr. Cao Duc Nguyen - Chairman of the People's Committee of Ngoc Bich commune - stated that, as of now, the local government has not yet received notification of the results from Hai Van Co., Ltd.

Tien Dong