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Notice concluding that, according to the land law, drainage ditches are land for construction of public works, which are assigned by the State to manage without issuing certificates of land use right.
Therefore, the decision of the People’s Committee of Hanoi to lease land and the certificate of land use rights Phankiemu drainage (20 years), Nghia Do drainage ditch (50 years) for joint The Phan Chu Binh drainage ditch was planned to be used to expand Phan Ke Binh Street, which is a serious violation of the law on land and planning.
Enterprises are allowed to rent drainage ditches to “sewer” as parking lots and auxiliary works. However, most of the area of ditches after the “sewer” has been rented to build showrooms, offices, restaurants, Part of the area to be transferred, the area of land used for planting trees used as concrete yard is the use of land for the wrong purpose, serious violations of the law on land and construction.
The policy of the People’s Committee of Hanoi on the use of clean land fund, land fund 20% in urban areas and other land fund equivalent to the value of the construction business on the drainage Phan Kế Binh to allocate to Multinational Joint Stock Company implemented a business investment project and assigned it to be the investor of the expansion project of Phan Ke Binh Street which has no legal basis and risk of losing its resources.
Deputy Prime Minister asked the Chairman of Hanoi People’s Committee to urgently check, review and strictly handle the violations mentioned above in accordance with the law.
Specifically, withdrawal of land lease decisions, certificates of land use rights drainage Phan Kế Binh, Nghia Do has issued to enterprises; To deal with land used for improper purposes, construction works without permits, wrong permits and settle related and derivative matters strictly according to the provisions of law.
In addition, the project to expand Phan Ke Binh Street should be publicized so that people know, monitor and have to implement transparent project bidding, in accordance with the law.
In addition, the organization shall review the responsibility and strictly handle the law and regulations applicable to agencies and individuals involved in the violations of the land lease and the granting of land use right certificates. Phan Ke Binh, Nghia Do drainage ditches and land management, construction order.
Hanoi People’s Committee shall have to report to the Prime Minister on the results of implementation of the above guiding opinions before April 1, 2018.
Prior to that, in 2008, the People’s Committee of Hanoi has leased 6,078 m2 of Phan Chu Binh drainage ditch in the area of Cong Vi ward to the National Lottery Joint Stock Company for a period of 20 years to “drain” parking and ancillary services.
However, a part of the soil after the slurry has been transferred by the business. At present, on Phan Chu Binh drainage area is a restaurant, permanent company headquarters, pubs …
This incident was repeatedly reported by the press and in April 2017, Deputy Prime Minister Truong Hoa Binh asked People’s Committee of Hanoi to check and report.
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