How did the misconduct at The Panorama Da Lat project unfold?

Despite the Government Inspectorate's conclusion after 4 years, numerous violations at the Entertainment and Trade Center Project located at 37 Tran Hung Dao Street, Da Lat City have yet to be resolved.

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The Inspectorate of Lam Dong Province has recently requested the Department of Construction, the Department of Natural Resources and Environment, and the Department of Planning and Investment to report on the progress of implementing the province’s directives regarding the Commercial and Entertainment Center project at 37 Tran Hung Dao Street, Ward 10, Da Lat City. The project is developed by Phong Van Investment Corporation.

The building at 37 Tran Hung Dao Street, Ward 10, Da Lat City, which is currently known for its apartment units rather than a commercial center.

The Panorama Da Lat is located in a beautiful location at the intersection of Tran Hung Dao, Khe Sanh (leading down to Mimosa Pass), Hung Vuong, and Pham Hong Thai streets. It is only about 2 km from Lam Vien Square or Xuan Huong Lake.

Although it is named “Commercial and Entertainment Center,” many real estate websites list the building as apartments for sale or for short-term rentals. A few days ago, a real estate trading website advertised apartments for sale with prices of 2.9 billion VND ($126,000) for a 78m2 unit and nearly 3.9 billion VND ($168,000) for an 85m2 unit.

According to Inspection Conclusion No. 929/KL-TTCP dated June 12, 2020, the 4,644m2 land plot of this project was leased by Lam Dong Traffic Machinery Corporation in 1998. Later, this company and Phong Phu Textile Company (later renamed Phong Van Corporation) established the Commercial and Entertainment Center project. In 2004, Lam Dong Traffic Machinery Corporation withdrew from the project, leaving only Phong Van Corporation.

The project was initially scheduled for completion in 2010 but experienced delays. The Provincial People’s Committee extended the deadline five times, with the last extension allowing the company to continue the project; otherwise, it would be revoked. The extensions were granted in May 2011, April 2012, January 2014, April 2015, and March 2017.

During the inspection, it was found that the investor had changed the project’s usage purpose without proper approval. The Department of Construction allowed the adjustment of the design from 36 units to 64 units for rental purposes. Many long-term rental apartments were built on land designated for production and business. Consequently, the project deviated from its original purpose as a Commercial and Entertainment Center.

In addition, the proposal by the Department of Finance and the Land Valuation Appraisal Council to charge a lump sum land use fee for the entire rental period in 2018, totaling more than 53 billion VND ($2.3 million), did not comply with the Land Law 2013.

Will The Panorama Da Lat become a tourist apartment complex?

According to our reporter’s investigation, at the end of 2023, the Department of Planning and Investment of Lam Dong Province solicited opinions from relevant agencies regarding the proposal to amend the Commercial and Entertainment Center project by Phong Van Corporation.

The Department of Planning and Investment of Lam Dong Province is gathering opinions from relevant parties regarding the addition of tourist apartments to the project by Phong Van Corporation.

In this regard, agencies are requested to provide opinions on the compatibility of adding the apartment function (tourist apartments) to the project with the construction planning in the area, as well as the compatibility of adding the apartment function to the architectural design and construction density of the project.

Furthermore, the Department of Planning and Investment of Lam Dong Province also requested opinions on the compatibility of the project’s investment scale and design capacity when adding the apartment function, with the approved design, construction permits, and relevant technical standards.

In terms of Da Lat City’s authorities, based on the Prime Minister’s Decision No. 704 and the Vietnamese Construction Standards 2021 issued by the Ministry of Construction, the additional construction of tourist apartments is consistent with the overall planning direction.

However, according to Article 48 of the Tourism Law, “tourist apartments” fall under the category of tourist accommodation establishments. Therefore, the management and operation of tourist apartments and tourist villas must comply with the provisions of the Tourism Law and the regulations on management and operation of the Ministry of Culture, Sports and Tourism.

Based on the above premises, the People’s Committee of Da Lat City suggested that the operation of tourist apartments in this project must comply with the provisions of the Tourism Law as well as the Real Estate Business Law.