The Inspectorate of Lam Dong province has just requested the Departments of Construction, Natural Resources and Environment, Planning and Investment to take specific measures to implement and report on the implementation of the province’s directives according to the Document 6869/UBND-VX2 dated August 8, 2023.
The project building at 37 Tran Hung Dao by Phong Van Company.
In particular, it specifies difficulties, obstacles, explanations for the non-completion of implementation of conclusions, recommendations, and decisions related to inspections regarding the project of the Trade Center and Entertainment Services at 37 Tran Hung Dao (referred to as The Panorama Dalat, Ward 10, Dalat City) by Phong Van Investment Joint Stock Company (Phong Van Company) as the investor.
According to the Inspectorate of Lam Dong province, in October 2023, the unit has requested the departments and sectors to report on the implementation results of Document 6869/UBND-VX2 of the provincial People’s Committee regarding the results of inspection, review, and evaluation of the current appropriateness of objectives and the performance of financial obligations related to the project mentioned above by Phong Van Company.
However, as of the time of urging the implementation of the direction of the provincial People’s Committee, the agencies, organizations, and units have not completely implemented the recommended contents.
Specifically, the Department of Planning and Investment has not consulted the provincial People’s Committee to approve the adjustment of additional investment project objectives according to the provisions of the Investment Law and relevant guidelines; it has not completed the procedures for adjusting the certificate of investment registration according to regulations after the provincial People’s Committee approves the adjustment of the project objectives.
The Department of Construction has not implemented the relevant planning and construction procedures of the project after the provincial People’s Committee approves the adjustment of the investment objectives of the project.
The Department of Natural Resources and Environment has not consulted the provincial People’s Committee on the leasing of land in the project according to the regulations after having a judgment to resolve the lawsuit by Phong Van Company.
According to the understanding of the reporter, the time of October 2023 that the Inspectorate of the province urged, the Department of Natural Resources and Environment stated that Clause 5 of Document 6869 contains the content: “Assign the Department of Natural Resources and Environment to consult the provincial People’s Committee on the leasing of land in the project according to the regulations after having a judgment to resolve the lawsuit by Phong Van Company”.
However, as of this time, the department has not received the judgment of the court; at the same time, in March 2022, the provincial People’s Committee issued a decision to continue allowing Phong Van Company to lease land and pay an annual rent at 37 Tran Hung Dao. Therefore, in June 2023, the department signed an annexed contract to lease land and pay an annual rent with this enterprise.
“Last” extension for the project 37 Tran Hung Dao… for the 5th time
According to Inspection Conclusion No. 929/KL-TTCP dated June 12, 2020 of the Government Inspectorate, the investment agreement in 2006 and the investment certificate issued in 2009, the investor committed to completing the project in 2010 but then the project was delayed due to financial difficulties, but the provincial People’s Committee did not terminate the activity and recover the project in accordance with the regulations.
The provincial People’s Committee allowed the project to be extended for the 5th time with a total time of 88 months, especially all documents of the provincial People’s Committee stated “the last extension” but after the deadline expired, the extension continued, which is not in accordance with the Land Law.
