Regarding the decision to amend part of the administrative penalty decision against the owner of the “most beautiful building in Ca Mau” for the unauthorized construction on aquaculture land, on February 5th, the People’s Committee of Ca Mau city affirmed that issuing this amendment decision is in accordance with the legal regulations.
According to the People’s Committee of Ca Mau city, at the time when Mr. Ho An Tap – the owner of the “most beautiful building in Ca Mau” – built the house and other constructions on the land without changing the land use purpose (from aquaculture land to residential land), it was not in accordance with the land regulations.
According to the provisions in Clause 1, Article 4, Decision No. 24/2021/QD-UBND dated September 16th, 2021 of the Provincial People’s Committee, which determines the extent of restoring the original state of the land before the violation, for violations according to the provisions of Decree No. 91/2019/ND-CP dated November 19th, 2019 of the Government, in case the land position of Mr. Tap is in line with the approved land planning and usage plan.
Therefore, the Chairman of the People’s Committee issued a decision to impose a fine and apply measures to remedy the consequences, which requires Mr. Tap to maintain the current land use status at the time of the violation and perform land procedures as prescribed (meaning Mr. Tap has to change the land use purpose to rural residential land).
Explaining the previous fine decision issued on January 9th, 2023, the People’s Committee of Ca Mau city stated that Mr. Tap’s construction project conformed to the land planning and usage plan from 2018 until now, but it did not comply with the new rural planning in Tan Thanh commune. Therefore, the land position of Mr. Tap did not meet the conditions for changing the land use purpose.
As a result, on January 9th, 2023, the Chairman of the People’s Committee issued Decision No. 82/QD- XPHC on the administrative violation penalty for Mr. Tap due to the act of converting aquaculture land into non-agricultural land in the rural area.
Accordingly, the fine amount is 22.5 million VND and the measure to remedy the consequences is to restore the land to its original state before the violation.
However, through comparing the regulations, the People’s Committee of Ca Mau city concluded that in the case where Mr. Tap’s land position has a construction, he must follow the prescribed procedures to change the land use purpose.
Therefore, the Chairman of the People’s Committee of Ca Mau city issued Decision No. 7309/QD-SDBSHB dated November 15th, 2023, amending and supplementing part of the previous administrative violation penalty decision.
Accordingly, it is necessary to change the land use purpose for the part that is in line with the planning and usage plan (2,261.58m2); the part that does not comply with the planning and usage plan must be demolished to restore the original state (1,303.22m2).
According to the People’s Committee of Ca Mau city, from 2018 until now, the planning and usage plan for the location of the violated land is rural residential land and aquaculture land, and many cases have changed the land use purpose and built houses.
“The People’s Committee of Ca Mau city informed that before issuing the administrative violation penalty, there was no opportunity for the violator to legalize the violated assets”, according to the information from the People’s Committee of Ca Mau city.
Previously, Tien Phong reported that the Facebook account Ho Tap continuously posted photos and live-streamed the construction process of the building, which was introduced as the “most beautiful in Ca Mau province”.
However, upon inspection, this construction project violated the construction regulations on aquaculture land. Both of these land plots are not qualified to change the land use purpose from aquaculture land to residential land in rural areas, as they do not comply with the construction planning. Therefore, the functional departments of Ca Mau city issued Decision 82 to penalize the owner of the villa.