Proposed Investigation and Enforcement Against Land and Construction Violations in a Ho Chi Minh City Project

The Ho Chi Minh City Inspectorate has recently issued a report on the inspection of projects facing challenges and obstacles within the city, including the Anh Tuan Garden Residential Area Project (hereinafter referred to as “the Project”).

The Project is situated on a 27,676 m² plot of land located on Le Van Luong Street, Nhon Duc Commune, Nha Be District, Ho Chi Minh City (now Le Van Luong Street, Hiep Phuoc Commune, Ho Chi Minh City). Anh Tuan Investment Joint Stock Company is the project’s developer.

Anh Tuan Investment Joint Stock Company proposed to develop the project on a total land area of 27,676 m² of agricultural land, comprising 1,680.6 m² contributed by individuals, 25,244.1 m² registered under individual names, and 854.3 m² managed by the state.

In August 2012, the Ho Chi Minh City People’s Committee recognized Anh Tuan Investment Joint Stock Company as the project’s developer. Subsequently, in October 2012, the Nha Be District People’s Committee approved the investment in the Anh Tuan Garden Residential Area development project, with a scheduled implementation period from September 2012 to September 2015.

The developer has completed 100% of the project’s technical infrastructure and conducted a final inspection in 2014, but has not yet handed it over to the competent state authority for management.

Currently, the project site includes three permanent residences with occupants, two temporary container houses, a Thanh Nien coffee shop, and a memorial house for war heroes, covering an area of approximately 1,991 m², all of which have been completed.

As of now, Anh Tuan Investment Joint Stock Company legally owns only 1,680.6 m² out of the proposed 27,676 m² for the project. The remaining 25,244.1 m² of agricultural land contributed by households and individuals has not completed the required contribution procedures.

The Department of Construction’s issuance of a document advising the Ho Chi Minh City People’s Committee to recognize Anh Tuan Investment Joint Stock Company as the project’s developer was not in compliance with regulations.

Anh Tuan Investment Joint Stock Company proceeded with the construction and completion of the infrastructure in 2014 without finalizing the legal procedures for land use rights as requested by the Nha Be District People’s Committee. Additionally, the company constructed several buildings on agricultural land without any state authority addressing the violations as required by law.

The project has experienced delays, exceeding its scheduled completion date of September 2015, yet the Department of Construction has not conducted inspections or taken corrective actions as mandated.

The primary obstacles to the project stem from the developer’s subjective reasons, including non-compliance with legal regulations and failure to fulfill the responsibilities outlined in the investor approval and project investment approval documents.

Furthermore, the Department of Construction and the Nha Be District People’s Committee have been negligent in their oversight, allowing the company to violate land and construction laws for an extended period without resolution.

According to the 2024 Land Law, the project does not qualify for a schedule adjustment. The Department of Agriculture and Environment is considering its inclusion in a pilot project list under Resolution No. 171/2024/HQ13 of the National Assembly.

“However, to uphold the integrity of the law, it is essential to inspect and address the project’s land and construction violations and the company’s legal compliance before including it in the pilot list under Resolution No. 171/2024/QH13 of the National Assembly,” concluded the Ho Chi Minh City Inspectorate.