Before mentioning the violations, it is necessary to talk about the "birth" and the adjustments to the planning of the Residential Area on Nguyen Sinh Cung Street. On February 2, 2007, the detailed construction planning at a scale of 1/500 of the Golf Course, Hotel, and Resort Villa Complex Project in Cua Lo Town was approved by the Provincial People's Committee in Decision No. 476/QD-UBND. In the total land area of 132.7 hectares of the project, there is a planned land area of 18.6 hectares to build warehouses, auxiliary works, staff housing, tree nurseries, etc., with regulations on low construction density (14%), combining the tree nursery with the conservation and restoration of the existing lake to protect the environment.
3 years later, considering the investor's proposal, the Provincial People's Committee approved the detailed planning for the construction of the Nguyen Sinh Cung Residential Area to replace the warehouse complex, auxiliary works, staff housing, tree nursery, etc. (in Decision No. 1690/QD.UBND.CN dated April 27, 2010). Accordingly, the Nguyen Sinh Cung Residential Area has a total area of 17.2 hectares, bordering Nguyen Sinh Cung Street to the north; Road No. 14 to the south; Road No. 3 to the east; and the residential area to the west.
The technical and social infrastructure of the Nguyen Sinh Cung Residential Area described in Decision No. 1690/QD.UBND.CN is very rich, ensuring convenience for residents living here. On a total area of 17.2 hectares, the residential area only occupies more than 7.92 hectares. The remaining 9.3 hectares are arranged for entertainment areas, sports clubs (0.6883 hectares); Kindergarten (0.4137 hectares); Medical center (0.1379 hectares); Community cultural house (0.1256 hectares); Commercial works, public services (0.3298 hectares); Green park (1.2 hectares); Traffic roads, public parking lots (4.926 hectares). In addition, there are also apartments for low-income people (1.143 hectares), hotels (0.3621 hectares).
Then 8 years later, Cua Lo Sea Golf Joint Stock Company proposed to adjust the planning of Nguyen Sinh Cung Residential Area and was approved. On July 24, 2018, the Provincial People's Committee issued Decision No. 3166/QD-UBND approving the adjustment of the detailed construction planning at a scale of 1/500 of Nguyen Sinh Cung Residential Area for the reason of "adjusting and rearranging some functional areas". Here, the entertainment area, sports club, public service commercial works and parking lot were adjusted into low-rise housing area; the land planned for the construction of the Medical Center was adjusted into a green sports area; the land planned for the construction of apartments for low-income people, hotels, green parks was adjusted into apartments for low-income people, public service commercial works, entertainment area, sports club and low-rise housing. With these adjustments, the land area for low-rise housing construction of the project has increased from 7.92 hectares to more than 9.27 hectares!
But the planning adjustment has not stopped. In 2021, the investor requested to adjust the "apartment complex for low-income people" to "social housing area", and was approved by the Provincial People's Committee in Decision No. 3172/QD-UBND.
It was thought that from a planned land area for the construction of auxiliary works, creating an environmental ecosystem that was adjusted to implement an urban residential project, the investor would seriously implement it. But no, what is currently showing at this project shows the complete opposite.
The residential area of Nguyen Sinh Cung Street is surrounded by 3 major roads (the South has a 30m wide planned road; the North borders Nguyen Sinh Cung Street; the East borders Nguyen Hue Street), so it is truly the center of the coastal urban area of Cua Lo. But 12 years have passed, the entire project is empty and boring because there are only a few houses, an internal traffic system, a wasteland lake containing water, and weeds. The service works, social infrastructure and utilities mentioned in the planning such as entertainment areas, sports clubs, kindergartens, community cultural houses, public service commercial areas, apartments for low-income people; green parks and water surfaces... have not shown any signs of investment or construction.
Regarding 11 internal roads in the Nguyen Sinh Cung Residential Area, in Document No. 383/TĐ.SXD-HDXD in 2016, the Department of Construction has very specific and detailed requirements on the structure of the foundation, coat, and foundation of the roads; at the same time, it is stipulated that the roads must be curbed, grooved with precast concrete, the sidewalks paved with Terazo bricks, and have green tree planting areas... But in reality, the construction quality of the project's roads is problematic, shown in the fact that, although they have not been used for long, there have been subsidence and peeling in some locations; there are no sidewalks or green tree planting areas. This project has also been appraised for the basic design of 11 villa house models with similar height (3 floors), the requirements applied to each road. However, with about 30 housing projects already built, the house model depends on the preferences and financial capacity of each household and individual. Each house has a different design, height includes 2 floors, 3 floors, even level 4 houses.
The status of the project being behind schedule, with weak and inadequate infrastructure, was also included in the site inspection report in April 2022 by the authorities. That is: “Not yet built: 3,348.54m/3,348.54m of roads without sidewalks; 449 houses/478 plots of land; social service works such as sports and recreation areas, kindergartens, cultural houses, commercial service areas, and apartments for low-income people”.
In 2017, the Inspectorate of the Department of Natural Resources and Environment inspected the compliance with the law on land, environmental protection and water resources of Cua Lo Sea Golf Joint Stock Company. Particularly at the Nguyen Sinh Cung Residential Area project, in terms of land, the Inspectorate discovered that the company had transferred the land use rights of 28 plots of land to households and individuals to build houses in the form of dividing plots and selling land when the construction of infrastructure had not been completed according to the approved detailed planning (service works, social infrastructure works and technical infrastructure). The Inspectorate affirmed that this act violated Article 194 of the 2013 Land Law and Article 41 of Decree No. 43/2014/ND-CP of the Government.
Therefore, in the Inspection Conclusion No. 256/TTr dated October 28, 2018, the Inspectorate of the Department of Natural Resources and Environment requested Cua Lo Sea Golf Joint Stock Company to stop the violation. And to rectify the responsibility of state management, the Inspectorate of the Department of Natural Resources and Environment recommended the Department of Planning and Investment to inspect and consider handling the case of Cua Lo Sea Golf Joint Stock Company implementing the investment project behind schedule according to the provisions of the law on investment; recommended the People's Committee of Cua Lo town to only allow Cua Lo Sea Golf Joint Stock Company to carry out procedures for transferring land use rights, granting land use right certificates in the form of dividing lots and selling land for the Nguyen Sinh Cung Residential Area project when completing the construction of infrastructure according to the approved planning, ensuring the common infrastructure connection of the area, ensuring the provision of essential services...
Thus, violations in the land sector of Cua Lo Sea Golf Joint Stock Company at the Nguyen Sinh Cung Residential Area project were soon discovered, pointed out, and rectified.
But strangely, in a report on the inspection results of the Department of Construction in June 2022 submitted to the Provincial People's Committee, it was shown that the investor of the Nguyen Sinh Cung Residential Area project ignored the Inspection Conclusion No. 256/TTr of the Inspectorate of the Department of Natural Resources and Environment, and continued to commit violations. In fact, the new violations are many times larger than the violations pointed out in 2018. Specifically, the Nguyen Sinh Cung Residential Area project includes 478 plots of land of various types. Up to now, although Cua Lo Beach Golf Joint Stock Company has not yet completed the technical infrastructure, has not built service works, social infrastructure, but has signed 466 contracts to mobilize an amount of up to 431 billion VND. Of the 466 contracts, the Department of Construction has clarified that there are 117 contracts for house purchase and sale and capital contribution; the rest are 349 contracts for transferring land use rights! Independent verification by Nghe An Newspaper reporters also shows that, up to now, 164/349 land use right transfer files have completed the transfer procedures and issued land use right certificates!
Discussing these contents with a legal expert, he stated that Cua Lo Sea Golf Joint Stock Company violated the law on investment, construction, and land; in addition, the transfer of land use rights when the investment in building technical infrastructure, services, and social structures has not been completed according to the planning approved by competent authorities, also shows signs of customer deception./.
