Illegal construction that lasted for 7 years

Specifically, Le Hong Son, Vice Chairman of the Hanoi People’s Committee, has just signed and issued Conclusion No. 71 “Conclusion of the denunciation content against Mr. D.M.T and T.T.C, former Chairmen of the Bac Tu Liem District People’s Committee”.

The conclusion shows that, through verification of the three denunciation contents of the citizens against the two former Chairmen of the District People’s Committee, the Hanoi Inspectorate determined that “the citizens’ denunciation content was incorrect”.

However, the inspection conclusion pointed out a number of violations and shortcomings of the officials of the Ward People’s Committee and the responsibility of the Vice Chairman of the District People’s Committee in charge of the field of land, urban areas.

Illegal construction

Typically, through verification of the citizens’ denunciation content about sending a denunciation letter regarding the illegal construction at Cau Dien Road, Phuc Dien Ward, Bac Tu Liem District since 2018 but not being resolved, the inspection team determined:

The investor of the construction is Mr. Nguyen Huu Tuan, who was granted a construction permit on September 15, 2016, with a floor area of 936.24m2, including 5 floors, 1 basement and 1 mezzanine. During the construction process, Mr. Tuan exceeded the construction density and built an additional 6th floor.

At that time, the People’s Committee of Phuc Dien Ward and the People’s Committee of Bac Tu Liem District issued a decision to sanction and request remediation (self-demolition of the violating part), but Mr. Tuan continued construction.

Next, on July 12, 2017, the People’s Committee of Bac Tu Liem District issued a decision to coerce the implementation of the administrative sanction decision against Mr. Nguyen Huu Tuan, in which the Chairman of the People’s Committee of Phuc Dien Ward was assigned to chair the implementation, but the Ward People’s Committee had not implemented it.

Therefore, the People’s Committee of Bac Tu Liem District continued to issue 3 documents urging the People’s Committee of Phuc Dien Ward to thoroughly handle the construction. At the same time, the Chairman of Bac Tu Liem District People’s Committee, Mr. D.M.T, issued a document assigning the Vice Chairman in charge of the field of land and urban to direct the handling and clarify the responsibilities of collectives and individuals.

On October 9, 2017, the People’s Committee of Bac Tu Liem District continued to request Phuc Dien Ward to thoroughly handle the violation, at which time the Ward People’s Committee organized a coercion, but only the 6th floor was coerced; the part of the construction that violated the density was not handled with the reason “demolition will affect the structure of the work”. The People’s Committee of Bac Tu Liem District has requested the opinion of the Inspection Department of the Ministry of Construction in 2017, but has not received a response so far.

Notably, the inspection conclusion also said that in February 2018, the People’s Committee of Bac Tu Liem District issued a decision to discipline the Chairman and one vice chairman of Phuc Dien Ward People’s Committee.

In 2018, when people reflected on the above violation, the People’s Committee of Bac Tu Liem District directed and urged the Department of Urban Management and the Citizen Reception Department to handle it. By 2019, Mr. T.T.C. held the position of Chairman of the District People’s Committee, but was not reported on the above matter.

Still according to the conclusion, up to May 9, 2024, Mr. Nguyen Huu Tuan’s violation of construction has not been thoroughly handled. The main responsibility belongs to the People’s Committee of Phuc Dien Ward and the Department of Urban Management of Bac Tu Liem District for not promptly advising on the handling of the work; The Vice Chairman of the District People’s Committee in charge of land and urban also has responsibility in this problem. The violating work is currently a “mini-apartment building”, the inspection conclusion stated.

Regulation within 7 days, 6 years later sent a notice of reply

Struggling for 7 years to find a “name” for the land.

In the case of Ms. Ngo Thi Yen, residing in Tan Phong neighborhood, Thuy Phuong Ward, who submitted a dossier requesting a land use right certificate, but according to regulations from January 19, 2017. But nearly a year later, the Department of Natural Resources and Environment of Bac Tu Liem District has just issued a notice of reply and this notice is only sent back to the citizen in 2022, while the dossier is returned in 2023. While the regulations must respond within 7 days.

According to Conclusion No. 71 of the Hanoi People’s Committee, the Department of Natural Resources and Environment of Bac Tu Liem District explained that the delay was due to the complicated origin of the land, the missing dossier and the busy officials. The agency said that it had sent a document requesting guidance from the Ministry of Natural Resources and Environment on legal issues, but the Ministry had not yet responded.

The conclusion determined that “The sending and returning of dossiers to citizens as mentioned above is slow, the responsibility belongs to the Department of Natural Resources and Environment”. The conclusion also stated that during the time when Mr. D.M.T was Chairman of the District People’s Committee, the Department of Natural Resources and Environment did not present Ms. Yen’s dossier.

Notably, in fact, households similar to Ms. Yen’s in Tan Phong neighborhood, Thuy Phuong Ward (who were granted land for population dispersion in 1983) have all been granted “red books”, including cases in the period from 2017 up to now.

In the face of prolonged delays, citizens believe that “responsibility cannot be evaded and pushed to the Ministry of Natural Resources and Environment” and said that they would continue to reflect to higher competent authorities.

In addition to the above case, the conclusion also determined that the Department of Natural Resources and Environment; The District Land Development Center of Bac Tu Liem District did not promptly implement the direction of the People’s Committee of Bac Tu Liem District in organizing the implementation of the judgment on inspecting, adjusting and making compensation plans (land allocation for resettlement) for Ms. Nguyen Thi Lai (Minh Khai Ward, Bac Tu Liem District). The judgment was issued in June 2020, and it was not until January 2024 that a draw was organized for the location and the land had not been handed over to Ms. Lai.

From the above verification results, the Hanoi People’s Committee requested the Chairman of the People’s Committee of Bac Tu Liem District to organize a review with individuals and units with related violations and shortcomings; At the same time, direct the handling of violations and implementation of resettlement land for citizens.

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