Cua Lo Town proposes to strictly handle violations at Song Ngu Son Project
The People's Committee of Cua Lo town has just reported and proposed a plan to handle violations and wrongdoings at the Lan Chau - Song Ngu Eco-tourism Complex, Resort Villas, Sports, and Entertainment Project to the Department of Natural Resources and Environment.
Affirmation of error
By Document No. 1713/UBND-TN dated October 1, 2024, the People's Committee of Cua Lo town reported to the Department of Natural Resources and Environment in detail the construction items with violations in the project.Lan Chau - Song Ngu Eco-tourism Complex, Resort Villas, Sports, Entertainment, invested by Song Ngu Son Joint Stock Company, will be inspected and clarified from September 2023.
Specifically, construction items that have been constructed but do not have a Construction Permit, include:
Swimming pool and relaxation area (items 04 and 08 according to the planning drawing) have not yet presented a construction permit. Through actual inspection, this project has a total area of 1,288m2; The construction location is in accordance with the planning, however, beyond the construction boundary, there is a part of the area located on the internal planning road boundary of the project in the North and East of the project with an area of 201.5m2.
Water pumping station (item number 14 according to the planning drawing) has not yet presented a construction permit. Through actual inspection, this project has a total area of 20m2; location is not in accordance with planning.
The generator house and transformer station (items 13 and 25 according to the Planning Drawing) have not yet presented a Construction Permit. Through actual inspection, the project has a total area of 87.4m2; The construction location is in accordance with the planning, however, the area is not in accordance with the construction planning.
Office building (item number 19 according to the planning drawing) has a scale according to the granted planning as a 3-storey building, construction area of 432m22. Through actual inspection, this item has not been built yet, and is using an old building with an area of 247.3m2.2, 2 floors high, suitable location for planning.
The road leading to Lan Chau island is planned to be a stone road about 120m long. Through actual inspection, this item is a concrete road, the roadbed and middle bunvar have just been constructed, the sidewalk item has not been constructed yet.
In addition, in the Lan Chau - Song Ngu Eco-tourism, Resort, Sports and Entertainment Complex Project, there are 8 construction items that have been constructed but are not included in the planning approved by competent authorities; specifically:
Security guard house behind the hotel (area 6.5m wide)2); Laundry, warehouse, toilet have been built on the location of items 16 and 12 (area 6.5m wide2); The restaurant at the foot of Lan Chau island is 1-storey high (area 843.6m2); Elevator and path from the elevator to the restaurant on the island (area 23.8m wide2); Seafood tank behind the restaurant at the foot of Lan Chau island; Stairway to Lan Chau restaurant on the island connecting from the road to the pier to the restaurant (area 63.7m wide2); Installing corrugated iron roof behind the hotel; The northern sea embankment of the project has a length of 256.1m, of which the area encroached on the sea compared to the planning is 3,071m2, average width of encroachment on the sea is about 17m.
After reporting in detail the above-mentioned illegal construction works, the People's Committee of Cua Lo town affirmed that "The implementation of the construction of the Lan Chau - Song Ngu Eco-tourism Complex, Resort Villas, Sports, Entertainment and Recreation Project in Cua Lo town has committed many serious violations in planning, construction, design, and environmental sanitation as stipulated in Point c, Clause 7 and Point c, Clause 9, Article 16 of Decree 16/2022/ND-CP dated January 28, 2022 of the Government regulating administrative sanctions for violations in construction".
At the same time, the People's Committee of Cua Lo town informed: "Although the People's Committee of the town has organized many meetings, drawn up many violation records requesting the suspension of construction and dismantling of violating items, however, the investor has refused to cooperate with government agencies to resolve and remedy the situation according to the provisions of law."
Recommend strict and legal handling
In Document No. 1713/UBND-TN, the People's Committee of Cua Lo town cited the provisions of Decree 16/2022/ND-CP dated January 28, 2022 on administrative sanctions for violations in the construction sector. Thereby, it is proposed that for construction items that have been constructed within the approved planning but do not yet have a Construction Permit, a Decision on administrative sanctions shall be issued (Point c, Clause 7, Article 16 of Decree 16/2022/ND-CP); remedial measures shall be applied (Clause 16, Article 16 and Article 81 of Decree 16/2022/ND-CP).
Specifically: “Within 90 days from the date of issuance of the decision on administrative sanction, the investor must complete the application dossier to the competent authority to issue a Construction Permit or Adjusted Construction Permit, or Adjusted Construction Design and have a Construction Permit or Adjusted Construction Permit, or Adjusted Construction Design. After the prescribed period, if the investor fails to present the issued Construction Permit or Adjusted Construction Permit, or the adjusted construction design that has been appraised, the competent authority to impose sanctions shall issue a written notice requesting the violating organization or individual to self-demolish the violating construction work or part of the construction work.
Within a maximum period of 15 days from the date of sending the notice (based on the postmark) or from the date of the notice handover record, the organization or individual committing the violation shall be responsible for implementing measures to force the self-demolition of the violating construction work or part of the construction work. If the investor fails to implement the prescribed measures for forced demolition, it shall be subject to enforcement in accordance with the provisions of the law on handling administrative violations.
For construction items that have been constructed but are not included in the approved planning, the People's Committee of Cua Lo town proposesbissue a Decision on administrative sanctions (Point c, Clause 9, Article 16, Decree 16/2022/ND-CP); at the same time, apply remedial measures to force the demolition of the violating construction work or part of the construction work (Point c, Clause 15, Article 16 and Article 81, Decree 16/2022/ND-CP). In case the investor fails to take the measure of forced demolition, it will be enforced in accordance with the provisions of the law on handling administrative violations.
In addition, the People's Committee of Cua Lo town reported that it is reviewing the responsibilities of officials and civil servants assigned to manage urban order in the area to handle responsibilities according to the provisions of the Regulation issued with Decision No. 34/2020/QD-UBND of the Provincial People's Committee.
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The People's Committee of Cua Lo town proposed that the Provincial People's Committee consider extending the progress of the Lan Chau - Song Ngu Eco-tourism, Resort, Sports and Entertainment Complex Project. Because the progress of this project is until the end of 2020, however, it has not been completed yet, and many violations have occurred. "The People's Committee of Cua Lo town proposes that if the investor does not thoroughly correct the violations, the project progress will not be extended. At the same time, it will be the basis for considering the land recovery of some slow-progressing project items according to Clause 8, Article 81, Land Law 2024", the People's Committee of Cua Lo town proposed to the Provincial People's Committee.
From March 1, 2024, the People's Committee of Nghe An province issued a document on adjusting the Lan Chau - Song Ngu Eco-tourism Complex, Resort Villas, Sports, Entertainment Project in Cua Lo town, in which it directed: "Assign the People's Committee of Cua Lo town to preside over and coordinate with relevant agencies and units to review and implement measures to handle violations according to regulations; after reviewing and handling, send a report on the implementation results to the Department of Natural Resources and Environment according to the direction of the Provincial People's Committee in Document No. 10826/UBND-CN dated December 18, 2023".
Requesting an explanation for the preparation of Document No. 1713/UBND-TN dated October 1, 2024 sent to the Department of Natural Resources and Environment, an officer in charge of the People's Committee of Cua Lo town said: "Recently, the Provincial People's Committee has directed the Department of Natural Resources and Environment to review and advise on handling issues related to the Lan Chau - Song Ngu Eco-tourism Complex, Resort Villas, Sports, and Entertainment Project. In order to carry out the assigned tasks, the Department of Natural Resources and Environment has sent a document requesting the People's Committee of Cua Lo town to report on the inspection work and propose a solution. In order for issues related to this project to be resolved, the People's Committee of Cua Lo town has sent Document No. 1713/UBND-TN dated October 1, 2024 to the Department of Natural Resources and Environment...".
