The Ministry of Natural Resources and Environment has issued Decision No. 818/QD-BTNMT regarding the resolution of the second complaint lodged by Saigon Education JSC regarding a plot of land measuring over 11,000 square meters located at 419 Le Hong Phong Street, with frontage on three roads: Vinh Vien, Le Hong Phong, and Tran Nhan Ton in District 10.
The plot of land at 419 Le Hong Phong Street spans over 11,000 square meters with frontage on three roads.
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Previously, Saigon Shoes JSC (now known as Saigon G JSC) was granted a lease for a plot of land measuring over 10,000 square meters, identified as Lot 3, Map Sheet No. 9 (419 Le Hong Phong, Ward 1, District 10), by the Ho Chi Minh City People’s Committee through Decision No. 1027/QD-UBND dated March 16, 2007. The land was intended for use as an office, warehouse, and factory for manufacturing shoes and bags. The lease agreement was valid until December 31, 2021.
In October 2007, the Ho Chi Minh City People’s Committee issued Land Use Right Certificate No. AB 061724 to Saigon G JSC, with the land use term expiring on December 31, 2020.
On September 21, 2016, the District 10 People’s Committee submitted a report on the inspection results of the operations of Saigon Shoes JSC and Thanh Buoi Co., Ltd. at the address of 419 Le Hong Phong. Accordingly, the District 10 People’s Committee proposed that the Ho Chi Minh City People’s Committee consider terminating the land lease and reclaiming the 10,000-square-meter land area. In the short term, they suggested reclaiming 4,500 square meters of land (related to the operation of an illegal bus station) and transferring it to the District 10 People’s Committee to build a standard secondary school, as the cluster of Wards 1, 2, 3, 9, 10, and 11 currently lacks such a facility.
According to the report, in 2016–2017, the Ho Chi Minh City Department of Natural Resources and Environment conducted an inspection and issued conclusions regarding this land plot. The inspection conclusions recommended that the Ho Chi Minh City People’s Committee take action against Saigon Shoes JSC for continued misuse of the land or for reducing their land requirement.
Aerial view of the land plot at 419 Le Hong Phong Street, spanning over 11,000 square meters. |
Subsequently, the Department of Natural Resources and Environment conducted several inspections of the land use status and continued to detect violations in land use and land leasing.
On May 28, 2021, the Ho Chi Minh City People’s Committee issued Decision No. 1968/QD-UBND to reclaim the land plot measuring over 10,000 square meters. The basis for land revocation was Point d, Clause 1, Article 65 of the Land Law, as the land was state-leased with a time limit, and the lease term had expired on December 31, 2020, with no extension granted per the Ho Chi Minh City People’s Committee’s conclusion in Notification No. 434/TB-VP dated July 16, 2019.
Following this decision, Saigon G JSC filed a complaint against Decision No. 1968/QD-UBND. The company requested the revocation and cancellation of Decision No. 1968/QD-UBND and sought opportunities to continue leasing the land and implementing investment and construction projects in line with the city’s planning or alternative solutions to balance the interests of the company and the local government.
In August 2023, the Ho Chi Minh City People’s Committee issued Decision No. 3557/QD-UBND to resolve the first complaint of Saigon G JSC. Accordingly, the Ho Chi Minh City People’s Committee did not recognize the content of the company’s complaint and maintained the validity of Decision No. 1968/QD-UBND.
Disagreeing with the decision of the Ho Chi Minh City People’s Committee, Saigon G JSC submitted a second complaint to the Ministry of Natural Resources and Environment. On January 4, at the Ho Chi Minh City Public Petitions Reception Office, the Ministry of Natural Resources and Environment held a dialogue with Saigon Education JSC and the Ho Chi Minh City People’s Committee.
At the dialogue, the representative of the Ho Chi Minh City People’s Committee agreed with the verification results of the verification team from the Ministry of Natural Resources and Environment and proposed to maintain Decision No. 1968/QD-UBND dated May 28, 2021. Meanwhile, the representative of Saigon Education JSC requested the revocation and cancellation of Decision No. 1968/QD-UBND and sought to continue leasing the land.
Aerial view of the land plot at 419 Le Hong Phong Street, spanning over 11,000 square meters.
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The Ministry of Natural Resources and Environment concluded that the land plot measuring over 10,000 square meters, which was the subject of the complaint by Saigon G JSC, was leased by the Ho Chi Minh City People’s Committee for annual rent and intended for use as an office, warehouse, and factory for manufacturing shoes and bags. The land lease term expired on December 31, 2020.
Based on the Land Law, the Ho Chi Minh City People’s Committee’s decision to revoke the land lease granted to Saigon G JSC due to their failure to meet the conditions for land lease extension was in accordance with the provisions of the law. Therefore, the Ministry of Natural Resources and Environment upheld Decision No. 3557/QD-UBND dated August 23, 2023, issued by the Ho Chi Minh City People’s Committee regarding the resolution of the first complaint lodged by Saigon G JSC, as being in compliance with the law.
The Ministry of Natural Resources and Environment requested Saigon G JSC to comply with Decision No. 1968/QD-UBND regarding the revocation of the land lease for the property measuring over 10,000 square meters at 419 Le Hong Phong, District 10.
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At the time of the Ministry of Natural Resources and Environment’s inspection on November 1, 2023, Saigon G JSC was using the second floor of the building on the land plot as an office, with no production activities taking place. The entire ground floor was leased to multiple enterprises, including Thanh Buoi Garage (with one warehouse for consigned goods), Haruko Trading Co., Ltd. (for auxiliary materials), Viettel Post’s express delivery warehouse, Thu Nga Flower Shop’s fresh flower materials warehouse, DC Flowers Import-Export Trading Services Co., Ltd., Minh Minh Fresh Flower Trading and Services Co., Ltd., and Thien Phu Auto Parts Co., Ltd. |
Duy Quang
