Rejected Petition For “Rescue” Violations At The Thao Dien Saphire Villa Project

The Thao Dien Saphire project has many works encroaching on river safety corridors.

(NQL) – Ho Chi Minh City Real Estate Association has written to the People’s Committee of Ho Chi Minh City and the Department of Construction “begged for forgiveness” of the project of Thao Dien Saphire TDS Joint Stock Company, but HCM City decided to dismantle the construction of the violations.

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Ho Chi Minh City Construction Inspectorate has sent a letter to Ho Chi Minh City Real Estate Association (HoREA) that there is no basis to consider the application of TDS Joint Stock Company relating to wrongdoing at Thao Villas. Sapphire Address No. 151 Nguyen Van Huong street, Thao Dien Ward, District 2.

Document No. 6203 of the HCM City Department of Construction Inspectorate responds to the Ho Chi Minh City Real Estate Association, suggesting that consideration will be given to permit illegal construction works to exist; At the same time, TDS Joint Stock Company is required to pay back 50% of the value of the illegally constructed part of the building without any basis for consideration and settlement.

Review the wrongful remedies at Sapphire Thao Dien villa

Department of Construction: Clause 9, Article 13, Decree 121 shall apply only to cases where the competent person detects an act of administrative violation and this act has ended. The construction was completed and put into use.

“However, at the time of discovering and making a record of administrative violation, TDS is executing the project. In addition, the company also built on the land of trees, the landscapes and land belonging to the connecting road in the corridor protecting the Saigon River, Ong Hoa canal. Works violate on river, canal and river protection corridors …that are not subject to decree 121 but they must resolutely dismantle, “said the written reply of the Department of Construction.

Regarding Korea’s suggestion on the application of Decision 22, the Department of Construction said that the time when this company construction of false works, Decision 150 remains valid. When the government of the city issued Decision 22, this decision stated that within the protection corridors on land, public works such as technical infrastructure and social infrastructure will be built.

However, the swimming pool of the TDS JSC built on the premises which only serves the interests of the owner, not for public purposes and located in the corridor protecting the Saigon River.

In addition, the Inspectorate Department also said, at the request of the Ministry of Construction, the Department has sent the violation records of the company TDS. Up to now, the Department Inspectorate has not received any other documents of the Ministry on the handling of construction works wrongly the above.

According to the Inspectorate of the Department of Construction, at the end of August 2017, the Department Inspectorate has cooperated with District 2 and related units to enforce the dismantlement of the illegal construction of the company TDS. However, when the convoy was present, the company dismantled about 30% of the infringing items. The company also extends the dismantling time and promises to complete before September 22nd. The Department of Construction still insists that if the company has not dismantled the above-said deadline, the People’s Committee of District 2 will enforce the dismantlement according to regulations.

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Mistakes at the Thao Dien Saphire villa project

Illegal construction of TDS Joint Stock Company located in a low-rise residential area, Thao Dien Ward, District 2. Previously, the City People’s Committee issued a decision on sanctioning administrative violations of the construction of the area of nearly 1.400sm with the amount of 1 billion VND.

Previously, HoREA has written to the People’s Committee of HCMC instead of forcing the construction of the wrong permission should allow the investors of Thao Dien Sapphire to be fined 50% of the gain from the construction of unauthorized (applied according to Clause 9, Article 13, Decree No. 121/2014).

HoREA based on the legal provisions relating to river and canal protection corridors. Accordingly, at the beginning of 2016, TDS Joint Stock Company has requested to temporarily use part of Saigon River bank protection corridor to build substructure at Thao Dien Saphire project. At that time, the Department of Planning and Architecture said that Ho Chi Minh City is in the process of amending Decision 150/2004 regulations on river and canal protection corridors.

According to HoREA, HCM City issued Decision 22 replacing Decision 150 in April 2017. With the new decision, it allows building some temporary works and investors had to dismantle themselves without compensation. Including the gym, sports, the wrong part of TDS is the pool should belong to this group.

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