How did VCCI Nghe An - Ha Tinh - Quang Binh branches violate planning regulations?
Next to the VCCI Nghe An - Ha Tinh - Quang Binh branch building located at No. 1, Le Nin Avenue, Hung Dung Ward, Vinh City, there is a cluster of buildings (currently a restaurant) that has existed for more than 10 years. However, few people think that these are constructions that violate planning regulations.
Violation for more than 10 years
On November 26, 2024, the Vinh City Urban Order Management Team coordinated with the People's Committee of Hung Dung Ward to inspect the construction cluster of the Vietnam Federation of Commerce and Industry, Nghe An - Ha Tinh - Quang Binh branch (abbreviated as VCCI Nghe An - Ha Tinh - Quang Binh branch), located at No. 1, Le Nin Avenue, Vinh City.
Regarding the land area that VCCI Nghe An - Ha Tinh - Quang Binh branch has built and is managing and using, it has a total area of 2,403.56m2.2The land is bordered by Phuoc Thuy private enterprise to the north, by Hai Quan flower garden to the south, by Nguyen Phong Sac street and gas station to the east, and by Le Nin Avenue to the west.
According to the detailed construction planning adjustment approved by the Provincial People's Committee in Decision No. 1853/QD.UBND-XD dated May 15, 2013, the construction items planned to be built on the land include the 7-storey VCCI building, area 540m22; 3-storey cafeteria, refreshment and resting place for employees, area 167m22; 1-storey guard house, area 12m2; entrance gate. The remaining land area is 1,684.56m2Mainly internal road and green land, only 255.48m22for shared traffic with Phuoc Thuy private enterprise.
However, through field inspection, the Vinh City Urban Order Management Team and the People's Committee of Hung Dung Ward determined that there were up to 9 constructions put into use. Including: 7-storey building (No. 1); 3-storey building (No. 2), construction area 159.36m2; garage project (No. 3), height 4m, area 210.8m2; level 4 restaurant project (number 4) height 4m, area 138.04m2; kitchen project (No. 5) 3m high brick wall, 4.5m high corrugated iron roof, area 100m2; wooden house project as gate (number 6) height 3.5m, area 40.0m2; level 4 restaurant project (number 7), area 128.25m2, building height 4m; warehouse building (number 8) area 45m2, building height 4m; cashier counter (No. 9) height 3m, area 12.0m2.
According to the comments of the Vinh City Urban Order Management Team and the People's Committee of Hung Dung Ward in the status inspection record dated November 26, 2024, project No. 1 is basically in accordance with the granted license, built in 2010 and completed in 2012; project No. 2 is built in the wrong location (7m to the East) and built on a part of the garden planning land, the construction area in violation is 58.1m2.2According to approved planning drawings; constructions No. 3, 4, 5, 6, 7, 8, 9 were built in violation of the approved planning land which is a garden item.
At the same time, it was determined that the construction works that violated the law from 2013 were completed and put into use in 2014; by 2022, the investor will continue to repair and renovate the existing works, not increase the area and number of floors of the old works, and not generate new construction.
Regarding the violations of VCCI Nghe An - Ha Tinh - Quang Binh branch, immediately after the inspection ended, the Vinh City Urban Order Management Team drew up a Record of administrative violations in the construction sector and reported to the Vinh City People's Committee.
Lack of cooperation to overcome the consequences?
Reported by the Vinh City Urban Order Management Team about illegal construction works at No. 1, Le Nin Avenue, on the same day, November 26, 2024, the Vinh City People's Committee immediately issued Decision No. 5883/QD-KPHQ forcing VCCI Nghe An - Ha Tinh - Quang Binh branch to take remedial measures.
According to the Vinh City People's Committee, the consequences of administrative violations that need to be remedied are: "Construction that is not in accordance with approved construction planning and urban planning for construction works requiring a feasibility study report on construction investment or works requiring an economic-technical report on construction investment at the Trade - Investment - Enterprise Support Center Project in Nghe An and the Central provinces, invested by the Representative Office of the Vietnam Chamber of Commerce and Industry in Nghe An (now the Vietnam Federation of Commerce and Industry, Nghe An - Ha Tinh - Quang Binh branch).
Regarding remedial measures, Vinh City People's Committee requested VCCI Nghe An - Ha Tinh - Quang Binh branch to dismantle the illegal construction items, including part of a 3-storey house (construction number 2), illegal construction area of 58.1m22; and all construction items No. 3, No. 4, No. 5, No. 6, No. 7, No. 8, No. 9. In Decision No. 5883/QD-KPHQ, Vinh City People's Committee set a time limit of 30 days (from the date of receipt of the decision) to organize the dismantling; at the same time, if the deadline expires and VCCI Nghe An - Ha Tinh - Quang Binh branch does not voluntarily comply, it will be forced to comply according to the provisions of law.
However, on December 31, 2024, the People's Committee of Vinh City had to continue to issue Decision No. 8939/QD-CCXP on "Enforcement of remedial measures" against VCCI Nghe An - Ha Tinh - Quang Binh branch. Here, the People's Committee of Vinh City listed in detail the construction items that violated the planning, citing full legal provisions to determine that VCCI Nghe An - Ha Tinh - Quang Binh branch is the organization that is forced to implement remedial measures, with a deadline of 30 days to dismantle the construction items that violated the planning and must bear all costs for organizing the enforcement.
According to observations by Nghe An Newspaper reporters on February 12, 2025, construction works that violate planning regulations still exist while the deadline for VCCI Nghe An - Ha Tinh - Quang Binh branch to organize demolition as required by Vinh City People's Committee in Decision No. 8939/QD-CCXP has passed nearly half a month!
Contacting the City Urban Order Management Team (the unit assigned by the Vinh City People's Committee to organize enforcement), we were told: "The Team has worked to request voluntary demolition of illegal constructions, however, the VCCI Nghe An - Ha Tinh - Quang Binh branch has not yet implemented it. Therefore, the Team will develop an enforcement plan and report to the City People's Committee for further instructions...".
Nghe An Newspaper will continue to collect information and promptly convey to readers about this incident.
