Promptly handle violations in urban areas in Dien Chau

Housing and commercial service project in Dien Ngoc commune (now Ngoc Bich commune), Dien Chau district, invested by Hai Van Company Limited.

The project was approved in principle for investment by the People's Committee of Nghe An province under Decision No. 3437/QD-UBND.DT dated July 23, 2014. At the same time, the detailed construction planning at a scale of 1/500 was approved in Decision No. 3224/QD.UBND-XD dated July 28, 2015.

This project has been adjusted many times by the Provincial People's Committee and Dien Chau District People's Committee. The total land area for the current project is 312,464.75m2.², divided into 2 areas A and B, with residential land, commercial service land, public works land, green land, sports land, technical infrastructure land, parking lots... The total number of land lots after adjustment is 831 lots (an increase of 78 lots compared to the original planning).

According to our research, although according to the planning, the area for building townhouses and villas in this project must be built with 3 floors. However, currently, in area A of the project, the area adjacent to the 24m planning road, the most beautiful location, has been built without following the approved planning and design. Many plots of land have been built into level 4 houses, sales kiosks, seafood warehouses with corrugated iron roofs...

According to statistics, there are 79 plots of land violating construction order. In 2022, Dien Chau District People's Committee issued 2 decisions to impose administrative penalties on Hai Van Company Limited, with a total fine of more than 302 million VND.

It is known that on September 22, 2022, Hai Van Company Limited issued a Commitment Document No. 04/CK.CTY, sent to local authorities at all levels. Regarding real estate business, "committed to organizing to collect opinions, complete agreements and have no disputes, petitions, complaints, or lawsuits in accordance with regulations, and at the same time, take full responsibility before the law if any incident arises".

In addition, it also commits to "regularly monitor, inspect, guide and be legally responsible for the construction of houses by households and individuals in compliance with detailed planning".

Even "the investor commits not to buy, sell, or transfer land or housing for plots of land that do not meet the conditions or have not fulfilled financial obligations; illegally mobilize capital or sell housing; use a plot of land to mobilize capital from many people and have acts of constructing works that are not in accordance with the design documents appraised or approved by competent authorities. Take full responsibility before the law if organizations or individuals invest in construction, build works, houses... violating construction order and other related violations of law".

Hai Van Company Limited also commits to take responsibility for correcting the above-mentioned construction order violations before December 31, 2023.

However, working with the People's Committee of Dien Chau district, directly the Department of Economy - 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 Company Limited to carry out construction investment in accordance with current legal regulations. Accordingly, the People's Committee of Dien Chau district requested this unit to regularly inspect, detect, make records of stopping construction, suspend construction of works and strictly and promptly handle violations of construction order according to its authority... In particular, it must fully and timely implement the contents committed in Commitment No. 04, dated September 22, 2023.

Dien Chau District People's Committee also requested Dien Ngoc Commune (now Ngoc Bich Commune) to be responsible for urging, inspecting and supervising Hai Van Company Limited on the implementation of the committed contents. On December 11, 2024, Dien Ngoc Commune People's Committee (before merging with Dien Bich Commune) issued Document No. 452/UBND-DC, requesting Hai Van Company Limited to carry out construction investment in accordance with current legal regulations. At the same time, report on the implementation of the contents as in Commitment No. 04, no later than December 27, 2024 so that Dien Ngoc Commune People's Committee can report to Dien Chau District People's Committee on time.

However, on the morning of January 14, 2025, after consulting the officer in charge, Mr. Cao Duc Nguyen - Chairman of Ngoc Bich Commune People's Committee said that up to now, the local government has not yet received any notification of results from Hai Van Company Limited...