According to the Conclusion of the Provincial Inspectorate of Bac Ninh No. 11 / TB-TTr.NV4, De Tam Joint Stock Company is the investor receiving the transfer of a part of the investment project of constructing and operating the VSIP Bac Ninh Urban and Service Area, which is led by VSIP Bac Ninh Company Limited. The project is located in Dinh Bang ward, Phu Chan commune, Tu Son town (now Tu Son city), Bac Ninh province.
According to Decision No. 18 / QD-UBND on January 13, 2022, approving the adjustment of the investment policy and approving the investor, determining the progress of implementing “completing construction works on land in 2021”. However, until now, the project has not been completed and handed over for use. The investor has also not adjusted the project’s investment progress as required.
The Provincial Inspectorate of Bac Ninh specifies a series of violations at the VSIP Bac Ninh Project
The Provincial Inspectorate of Bac Ninh also specifies that VSIP Bac Ninh Company Limited signed a transfer contract for a part of the VSIP Bac Ninh Urban and Service Area project with De Tam Joint Stock Company without the consent document of the Chairman of the Provincial People’s Committee of Bac Ninh (there is now a document approving the policy allowing the transfer of a part of the project).
In addition, VSIP Bac Ninh Company Limited has handed over 1,000m2 of land to De Tam Joint Stock Company before the Provincial People’s Committee of Bac Ninh had a decision to revoke the land and hand over the land that did not comply with the regulations in Article 53 of the Land Law 2013.
The Provincial Inspectorate of Bac Ninh also discovered some acceptance minutes for construction work that did not include the names of the participants and were signed without specifying the full names.
“Notably, all acceptance minutes for infrastructure work mistakenly recorded the acceptance address, but in reality, the project is located in the VSIP Bac Ninh Urban Area, while the acceptance minutes for construction work are in Nhon Trach. In particular, the supervisory unit did not require the establishment and approval of labor safety and environmental protection measures for construction items during the construction process. The basic construction part has been completed, but the completion plan for the rough architectural drawings and external finishing has not been made,” emphasized the Provincial Inspectorate of Bac Ninh.
A series of adjacent villas of De Tam Joint Stock Company in VSIP Bac Ninh are abandoned after many years of being unable to be used
The inspection team recalculated the construction estimate records based on the design and construction drawings provided by the investor, with a total difference of more than 10.319 billion VND. The reason is that some quantities were duplicated and some work codes in the estimate were not appropriate. The company reported that the construction unit executed the construction according to the approved design and adjusted it during the construction period.
Regarding the real estate business conditions, the Provincial Inspectorate of Bac Ninh determined that in 2019, De Tam Joint Stock Company signed 27 memorandum of understanding contracts under the form of mobilizing capital to prioritize registering and enjoying the right to purchase land plots in the project for the mobilized capital provider, when there was no announcement on the sufficient conditions for mobilizing capital from the Construction Department, which violated the regulations.
Overview of the project
Based on these violations, the Provincial Inspectorate of Bac Ninh requested De Tam Joint Stock Company to deduct a total amount of 10.319 billion VND when finalizing the settlement of the investment project of constructing and operating the VSIP Bac Ninh Urban and Service Area. At the same time, it recommended that the Construction Department inspect and handle De Tam Joint Stock Company in terms of signing 27 memorandum of understanding contracts (including 4 contracts that have been liquidated) under the form of mobilizing capital when there was no announcement on the sufficient conditions for mobilizing capital from the Construction Department.
The Municipal People’s Committee of Tu Son is required to strengthen state management of construction order of the project; direct relevant units to review, inspect, and handle administrative violations for the violations that the inspection team has pointed out. For content beyond its jurisdiction, it is recommended that the Municipal People’s Committee of Tu Son prepare a dossier and propose competent authorities to handle it under the law.
The office of De Tam Joint Stock Company located in the VSIP Bac Ninh Urban and Service Area has ceased trading and is abandoned after a long time
Regarding VSIP Bac Ninh Company Limited, De Tam Joint Stock Company should clarify responsibilities and handle the relevant organizations and individuals related to the existing violations; seriously review and rectify the existing violations in the implementation of the project.
