The Cu Hill Scandal: A Case of Verbal “Consent”?

"Representatives from the Hoang Gia DL Joint-Stock Company asserted that the construction of unauthorized structures in Doi Cu was done with the 'approval of their connections at the provincial level'."

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On July 17, nearly 100 people from various units were mobilized to enforce the demolition of two buildings with a total area of over 20,406 sq. m that were illegally constructed as part of the Golf Club House project within the Da Lat Golf Course in Lam Dong province, Vietnam. However, the enforcement had to be postponed due to a temporary emergency measure issued by the People’s Court of Thu Duc city, Ho Chi Minh City, which prohibited any changes to the status quo of the disputed property.

The decision by the Thu Duc court, made a day earlier, applied a temporary emergency measure to “prohibit changes to the status quo of the disputed property” related to the construction project of the Golf Club House by Hoang Gia DL Joint Stock Company, as the court is handling a contract dispute related to this project.

Panorama of the violating constructions belonging to the Golf Club House project within the Da Lat Golf Course

In addition to the decision by the Thu Duc court, on July 17, the People’s Court of Lam Dong province also issued a decision on applying a temporary emergency measure to prohibit changes to the status quo of the disputed property related to the Golf Club House project of Hoang Gia DL Joint Stock Company.

In an interview, Mr. Tran Quoc Hung, Deputy General Director of Hoang Gia DL Joint Stock Company, affirmed that Doi Cu land is no longer forest land since 2020, when the Prime Minister signed the planning approval.

Mr. Hung stated that the company has always operated within the confines of the law and that every golf course must have a golf club house for its development. “This golf course has a 130-year history and is the largest in Southeast Asia, but the current golf club house looks like a pigsty. Why can’t we develop it further? The land rent is extremely high, and the company is on the brink of bankruptcy due to the exorbitant land rent,” he added.

Panorama of the violating constructions belonging to the Golf Club House project within the Da Lat Golf Course

Regarding the construction of the blocks of works without a permit, Mr. Hung admitted that this was a violation by the enterprise. However, previously, the company had submitted all the documents to the Department of Construction for verification, and they were found to be legal, except for a portion of the land that was planned as forest land. In December 2022, the People’s Council of Lam Dong province agreed to change the land use purpose, but the company had to wait for the procedure to be completed by the relevant authorities.

By that time, the company had already completed the basement construction and was awaiting the procedure. According to Mr. Hung, “the provincial authorities said they would support the enterprise, and the procedure would take about three months to complete, but it was eventually prolonged. Due to unfavorable weather conditions at that time, stopping the construction would have caused unfavorable consequences.”

“This was just a verbal request, and they said to go ahead. We wanted to complete it in time for the 130th anniversary of Da Lat, but now we are in a bind. To be honest, this project does not have a permit, but all other permits are in place,” said Mr. Hung.

According to the reporter’s findings, in addition to the many lawsuits over contract disputes at the Golf Club House project, Hoang Gia DL Joint Stock Company is also suing the administrative penalty decision No. 30/QD-XPVPHC dated January 4, 2024, and the enforcement decision No. 1727/QD-CCXP of the Chairman of the Da Lat City People’s Committee.

The latest information received by the reporter on July 18 indicates that the People’s Court of Thu Duc city will conduct an on-site inspection of the violating constructions related to the contract dispute between Van Lang Company Limited and Anh Quoc GS Company Limited at the Golf Club House project. This will provide a basis for resolving the case that the unit is handling.

Article and photos: Truong Nguyen

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