Question: – I have a house in Linh Tay ward, Thu Duc district, it has been degraded, roof leaks, wooden stairs, so in November 2014, I applied for permission of the Ward People’s Committee to repair the house with the content: Lifting foundation, roof replacement, replacement of doors. My application has been approved.
During the repair process, the ward cadastral officials did not observe closely, so they made a record of checking the current condition of the wrong area compared to the actual old house. March 24, 2015 Thu Duc District People’s Committee issued Decision 1138 requires me to pay the administrative fine and voluntarily dismantle the new construction is 2.5x17m, but in fact, I just repair the house as the application, not new construction. I made a complaint, the ward People’s Committee has re-verified and recognized me to repair the house the status quo. On May 27, 2015, the People’s Committee of Linh Tay precinct sent a written complaint to the Thu Duc District People’s Committee acknowledging the mistake of recording the status quo before repairing the house, leading to the wrong handling of the case. However, the Thu Duc District People’s Committee has not revoked, canceled Decision 1138 based on the false report issued earlier, but also forced me to dismantle the area of repair, otherwise, will coerce. Please ask, District People’s Committee to do that right or wrong?
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Nguyen Ngoc Giap (No. 77, Road 9, Quarter 5, Linh Tay Ward, Thu Duc District, Ho Chi Minh City)
Answer: – Your case is to repair, renovate the house. According to Point b, Clause 3, Article 89 of the Construction Law of 2014, repairing the house shall only be submitted to the People’s Committee of the ward. According to your presentation and documents attached, during the repair of the house, the cadastral official of the ward has recorded the status quo, based on this note, Thu Duc District People’s Committee has issued administrative sanctions against with him on the new building. After that, the ward People’s Committee has organized the verification and has reported to the District People’s Committee about your home repaired as the status quo. Thus, you have no new construction behavior. The case is under the jurisdictions of the Thu Duc District People’s Committee. Thu Duc District People’s Committee must strictly comply with the law; The home of the repaired people (already allowed) cannot be fined for new construction (because of false reporting).
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