Unveiling Errors in the Project by De Tam Investment Joint Stock Company

The Bac Ninh Provincial Inspectorate has recently requested Third Company Joint Stock Company to reduce the amount of over 10 billion VND when settling the investment, construction, and business of the VSIP Bac Ninh urban and service area project.

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A corner of the VSIP Bac Ninh Urban, Industrial and Service Area. Photo: detamland.com.

The Bac Ninh Provincial Inspectorate has just issued a Conclusion on the inspection of the Investment Project to build, operate the VSIP Bac Ninh Urban, Industrial and Service Area, with De Tam Joint Stock Company as the investor, thereby pointing out some faults and violations.

De Tam Joint Stock Company is the investor who transferred a part of the investment project to build, operate the VSIP Bac Ninh Urban, Industrial and Service Area, which is invested by the VSIP Bac Ninh Company Limited.

The conclusion of the inspection clearly states that, according to the Decision on approving the adjustment of the investment policy and approving the investor, determining the progress of completing the construction works on the land in 2021. However, up to now, the project has not been completed and put into use. The investor has also not adjusted the investment progress of the project according to regulations.

In addition, the VSIP Bac Ninh Company Limited has signed a transfer contract for a part of the VSIP Bac Ninh Urban, Industrial and Service Area project with De Tam Joint Stock Company before obtaining the consent document of the Chairman of the Bac Ninh Provincial People’s Committee, which has an approval document approving the policy of allowing the transfer of a part of the project.

Furthermore, the VSIP Bac Ninh Company Limited has transferred land (1,000m2) to De Tam Joint Stock Company before the Bac Ninh Provincial People’s Committee issued a Decision to revoke the land and transfer the land, which does not comply with the provisions of the 2013 Land Law.

The Inspectorate also discovered that some construction acceptance minutes did not record the names of the participants in the acceptance process, although they were signed but without clearly recording their full names. For example, the construction acceptance minutes numbered 37/BBNT-DTA dated January 23, 2022, belonged to the Quality Management dossier. The entire acceptance of the infrastructure section incorrectly recorded the acceptance location.

In fact, the project is located in the VSIP Bac Ninh Urban Area but the construction acceptance minutes are at Nhon Trach. It did not require the establishment and approval of occupational safety and environmental protection measures for the works during the construction process.

Notably, the inspection team re-evaluated the construction design drawings of the Project provided by the Investor based on the total differential amount of 10,319 million VND.

Regarding the conditions for real estate business, the inspection Conclusion determined that in 2019, De Tam Joint Stock Company signed 27 memorandum of understandings in the form of capital mobilization to prioritize the registration for the right to purchase land lots in the project for the mobilized capital party, when there was no announcement on the conditions for capital mobilization of the Department of Construction, violating regulations.

Based on the discoveries of the above-mentioned shortcomings, the Bac Ninh Provincial Inspectorate suggested that the Department of Construction inspect and handle De Tam Joint Stock Company in the signing of 27 capital mobilization contracts without the sufficient announcement on the conditions for capital mobilization of the Department of Construction.

The Bac Ninh Provincial Inspectorate requested the People’s Committee of Tu Son City to direct the relevant units to organize a review, inspect, and handle administrative violations for the construction order violations that the inspection team has pointed out. For matters beyond their authority, it is proposed that the Tu Son City People’s Committee prepare dossiers, propose the competent authorities to handle them according to regulations.

The Inspectorate also requested the VSIP Bac Ninh Company Limited, De Tam Joint Stock Company to determine and clarify the responsibilities of entities, individuals, and handle related entities and individuals involved in the existing violations.

At the same time, it requested De Tam Joint Stock Company to deduct a total amount of 10,319 million VND when settling the investment project to build, operate the VSIP Bac Ninh Urban, Industrial and Service Area.