The Ho Chi Minh City People’s Committee has just assigned the Ho Chi Minh City Department of Construction to comment on the proposal of Ho Chi Minh City Real Estate Association (HoREA) relating to the application for consideration by TDS Joint Stock Company is investor Thao Dien low-rise residential area, District 2, Thao Dien Sapphire project.
According to the above documents, HoREA previously sent a letter to the People’s Committee of Ho Chi Minh City to consider the petition of TDS Joint Stock Company, in the direction “for the existence of construction violation”, they have been administratively sanctioned and the decisions on sanctioning administrative violations are enforced.
In addition, the Ho Chi Minh City People’s Committee also received a document from TDS Joint Stock Company to pay the forfeit under Decision No. 4035 dated 28/7/2017 of the Chairman of the People’s Committee of Ho Chi Minh City about the enforcement of the relevant sanctioning decisions. Accordingly, TDS Joint Stock Company said that they have paid a forfeit and requested the People’s Committee of Ho Chi Minh City to inform VIB Bank or not to coerce its account at VIB anymore.
Regarding this issue, earlier in the meeting on 5/9/2017 on socio-economic situation in the first 8 months of 2017, Nguyen Thanh Phong, Chairman of the People’s Committee of Ho Chi Minh City said they have heard HoREA petition for the Thao Dien Sapphire project exist, cancel the decision on administrative condemnation. However, the view of city leaders is that if this proposal is not accepted because the law is a law, do not go to wrong.
At the meeting, Tran Trong Tuan, director of the Ho Chi Minh City Department of Construction confirmed that Thao Dien Sapphire project had dismantled 30% of the violation. The Ho Chi Minh City Department of Construction is still monitoring closely and asking investors to strictly implement the city’s direction. If the owner fails to do so, the Ho Chi Minh City Department of Construction will direct departments to resolutely enforce the removal of the wrong part of the project.
The violation of the project was discovered by the end of April 2017 when district 2 Inspection Team under the Ho Chi Minh City Construction Inspectorate suddenly checked and discovered a number of items in the wrong construction project such as: increase the ground floor area, violate the backward Saigon River, Ong Hoa canal with the area of violation up to nearly 1400sqm. Incorrect construction location is determined in Land Lot 301, Map No. 16 (Surveying Documents 2003), Thao Dien Ward, District 2.
It is known that TDS Joint Stock Company has transferred the project of Thao Dien Sapphire at 145 Nguyen Van Huong street, Thao Dien Ward, District 2 with an area of 27,018.4 sqm from GS Sai Gon One Member Limited Liability Company (GS Company) is the construction contractor of the Tan Son Nhat – Binh Loi Ring Road (now Pham Van Dong Boulevard) under construction – transfer BT).
This land (now Thao Dien Sapphire project) is one of the lands assigned by the Ho Chi Minh City People’s Committee to the GS Company to invest in real estate business. According to the certificate of land use rights issued by the Department of Natural Resources and Environment of Ho Chi Minh City to the GS Company, the land area is 27.018sqm in the form of land use, this area extends to the edge of the Sai Gon River.
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In particular, the structure of residential land use is 15.232,1sqm, accounting for 56.4%, land in the river bank protection corridor is 11.786,3sqm, accounting for 43,6%, including land traffic, yards, walkways and landscape parks in the Sai Gon river protection corridor is 11.245,6sqm, accounting for 41,6%, traffic land in the corridor along the Ong Hoa canal is 540,7sqm, accounting for 2%.
According to HoREA, TDS Joint Stock Company has committed a mistake in building swimming pools of the project in the Sai Gon River corridor without the approval of the City People’s Committee, but with the policies stipulated in Decision 22/2017/QD-UBND of the City People’s Committee, regulations on the management and use of corridors on river banks, streams, canals and ditches in Ho Chi Minh City, the Association recommends the City People’s Committee to reconsider support for TDS Joint Stock Company.
According to HoREA, now TDS Joint Stock Company has removed 4 of the 14 swimming pools and club construction illegally and is continuing to dismantle the remaining construction of the wrong license, but TDS recommended the City People’s Committee to review again about the company strictly abides by the decision to sanction the administrative violation of the City People’s Committee in order to allow the illegal construction works to exist to add utility to the residential area.
“The City People’s Committee is interested to review the application for review of TDS Joint Stock Company direct of allowing the wrong building to exist to add utility to the residential area, TDS Joint Stock Company is required to pay back 50% of the value of the illegally constructed part of the building, and later if the city develops public works, TDS Joint Stock Company must dismantle these works when the decision of the competent authority” HoREA recommendations.
The recent recommendations of HoREA have also been received many reactions from the public opinion. However, the end of the punishments at Thao Dien Sapphire project will go in any direction that still has to wait for the final suggestion of the Department of Construction Ho Chi Minh City.
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