Can Tho: Legal Proceedings Initiated in Land Management Violation Case at An Binh Urban Area Project

Can Tho has initiated legal proceedings regarding land violations in the An Binh New Urban Area project, addressing procedural irregularities and the rights of local residents.

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The An Binh New Urban Area project, developed by Hong Phat Construction and Investment Joint Stock Company, is located in An Binh Ward, Can Tho City (archive). (Photo: Thanh Liem/TTXVN)

On the afternoon of October 16, during the Q3 2025 press conference held by the People’s Committee of Can Tho City, Senior Colonel Nguyen Thanh Binh, Deputy Director of Can Tho City Police, announced that the Investigation Police Agency had initiated legal proceedings against the case of “Violation of Land Management Regulations” related to irregularities in the An Binh New Urban Area project in An Binh Ward, Ninh Kieu District (formerly).

Currently, the investigative agency is gathering documents, evidence, and conducting legal procedures as required by law.

In 2024, the Can Tho City Inspectorate (formerly) concluded an inspection on “Compliance with the Law in the Investment Project for the Construction of An Binh New Urban Area.” The project, spanning 17.8 hectares in An Binh Ward, is developed by Hong Phat Construction and Investment Joint Stock Company (Hong Phat Company) with a total investment of over 165 billion VND.

Senior Colonel Nguyen Thanh Binh, Deputy Director of Can Tho City Police, announced the initiation of legal proceedings at the press conference of the People’s Committee of Can Tho City on October 16. (Photo: Thanh Liem/TTXVN)

The project was approved by the People’s Committee of Can Tho City (formerly) with the goal of “developing a synchronized, modern, and complete urban area in line with the city’s investment attraction strategy,” while also creating housing and infrastructure development in Ninh Kieu District (formerly).

The project’s implementation period is 5 years, from 2016 to 2020. The total planned area is 178,190 m², of which 175,868 m² is owned by households and individuals, and the remaining area consists of state-managed canals and ditches.

According to the inspectorate, the project was designated to a specific investor. However, Hong Phat Company did not have land use rights for the project area, thus failing to meet the conditions for investor designation.

The Can Tho City Inspectorate identified limitations and shortcomings in the procedures, authority, land reclamation, land pricing, compensation, support, and resettlement for affected households.

Specifically, the Department of Construction advised the People’s Committee to issue Decision No. 305, which allowed the transfer of land use rights for 135 plots adjacent to regional roads (A5 and 23), which did not comply with regulations…

The People’s Committee of Ninh Kieu District (formerly) reported the land clearance area (including over 10 hectares of rice fields) as the basis for the Department of Natural Resources and Environment to advise the People’s Committee on land allocation to the investor. However, this allocation exceeded 10 hectares of rice fields without the Prime Minister’s approval, as required by the 2013 Land Law, indicating potential violations of land management regulations. Additionally, issuing land allocation decisions before completing land clearance was deemed non-compliant.

Furthermore, the determination of specific land prices for calculating land use fees when allocating land to the investor did not follow regulations. The tax authority’s deduction and allocation of land clearance compensation costs into the land use fees resulted in a budget loss of over 25.6 billion VND. Subsequently, the State Audit recommended corrective action, and the tax authority collected the difference and submitted it to the state budget.

The Compensation and Resettlement Council of Ninh Kieu District failed to develop a land reclamation plan as required; miscalculated compensation for land by over 93 million VND; improperly compensated for perennial crops on rice fields; and did not complete the handover of resettlement plots to affected households…

Based on these findings, the Can Tho City Inspectorate recommended transferring the case to the Investigation Police Agency of Can Tho City Police to investigate the act of allocating and converting the purpose of over 10 hectares of rice fields without the Prime Minister’s approval.

In July 2023, Vietnam News Agency reported on the need to “Ensure People’s Rights During Land Reclamation” regarding the An Binh New Urban Area project. Many affected households expressed dissatisfaction with the compensation rates and filed lawsuits against the People’s Committee of Ninh Kieu District, Can Tho City (formerly), claiming the compensation was significantly lower than market value.

In 2017, the People’s Committee of Ninh Kieu District reclaimed 17.8 hectares in An Binh Ward to allocate to Hong Phat Company for the An Binh New Urban Area project. For example, Mr. Dinh Van Thanh and Ms. Ly Thi Phi Phung owned approximately 15,000 m² of land used for fruit trees and fish ponds.

Ms. Phung stated that the compensation rate was only 432,000 VND/m², insufficient for the family to purchase alternative land. At that time, agricultural land in the area was trading at 4-5 million VND/m². After appeals, the rate increased to 980,000 VND/m², but residents remained dissatisfied.

Mr. Hoang Tuan Cuong, another resident, noted that a 100 m² plot in his former location was being sold for 4-5 billion VND, equivalent to 40-50 million VND/m².

Currently, commercial land plots in the An Binh New Urban Area are listed at 30-35 million VND/m². The significant gap between compensation rates and market prices left residents feeling their rights were not protected, even risking loss of housing and livelihood. They sued the People’s Committee of Ninh Kieu District, demanding the revocation of land reclamation decisions.

Although the Can Tho City People’s Court ruled against the residents in the first instance in 2020, the High People’s Court in Ho Chi Minh City overturned the verdict in January 2022, citing unresolved issues, including the reclamation of over 10 hectares of rice fields without the Prime Minister’s approval./.

– 21:58 16/10/2025

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