Legalizing incorrectly built bar
The People’s Committee of Bac Ninh City recently approved the adjusted detailed construction plan, at a scale of 1/500, for Phuong Hoang International Tourist Area in Dap Cau Ward, Bac Ninh City.
Accordingly, the People’s Committee of Bac Ninh City amended the land use planning for 2 plots of land according to the approved plan in Decision No. 2660 dated November 10, 2017.
The People’s Committee of Bac Ninh City converted a sports land plot (an illegally built bar area, built against the plan – PV) in Phuong Hoang International Tourist Area (Dap Cau Ward) into commercial service land.
Specifically, the sports land plot (designated as TT1 – with an area of approximately 1,436.59m2) was converted into a service facility site (designated as TMD). The resort land plot (designated as ND2 – with an area of approximately 1,932.26m2) was converted into a sports land plot (designated as DTT).
Thus, after the adjustment, the area of the sports land plot (tennis court) will increase from 1,436.59m2 to 1,932.26m2 (an increase of 495.67m2); the area of the resort land plot (designated as ND) will decrease from 4,788.58m2 to 2,856.32m2 (a decrease of 1,932.26m2). And a new land code is TMD for the service facility site with an area of 1,436.59m2.
According to the approved detailed planning, the land plot was converted from a sports land plot (tennis court) into a service facility site with landscape architecture suitable for the specific requirements of the business model. In which, the construction density should not exceed 80%, land use coefficient should not exceed 4 times, and the height should not exceed 16%; the area of the service facility is 915.4m2, with 2 floors.
In principle, the adjusted detailed plan specifies the adjustment within the boundary of the sports land plot (designated as TT1 – with an area of approximately 1,436.59m2) and the resort land plot (designated as ND2 – with an area of approximately 1,932.26mm2).
At the same time, illegal construction works, which were built against the planning regulations, building boundary regulations, construction density, approved construction designs, and land plots that were previously built and did not comply with the standards and regulations, are not legalized. However, if there are violations, the investor must comply with the provisions of the law.
The People’s Committee of Bac Ninh City also requested that after the approved adjusted detailed planning, Phuong Hoang International Corporation (Phuong Hoang Company) contact the relevant departments to be guided on procedures for adjusting the investment project, investment policy, project progress, and determining land use fees for the project as adjusted in accordance with regulations.
Setting a bad precedent?
Thus, the approved adjusted detailed planning document is the basis for Phuong Hoang Company to establish a project and apply for a construction permit for an unauthorized bar construction, built against the previous planning.
According to information from Tien Phong, Phuong Hoang Company has illegally built a bar on nearly 1,000m2 of land within the Phuong Hoang International Tourist Area on Phao Thu Hill according to the approved detailed plan with the function as a sports land.
Although past the processing deadline as prescribed, the “illegally constructed” bar at Phuong Hoang International Tourist Area on Phao Thu Hill still remains.
According to the report of the Bac Ninh City People’s Committee, on August 23, 2023, the unit directed specialized agencies to inspect violations of construction order on Phao Thu Hill, discovered that Phuong Hoang Company had carried out construction on an area of nearly 1,000m2 (formerly a tennis court), built steel frames, and roofed to form a bar (without a construction permit from the competent authority). At the same time, an administrative violation record was established.
On August 28, 2023, the Bac Ninh City People’s Committee issued an administrative penalty decision against Phuong Hoang Company for administrative violations. The authorized representative was Nguyen Quoc Khanh, serving as the Managing Director. Accordingly, the company was fined VND 130 million for organizing construction without a construction permit, as required by regulations. The remedy was given a period of 90 days to complete the procedure for granting the permit.
“At the end of this period, if Phuong Hoang Company does not submit the adjusted construction permit, the competent authority will issue a written notice requiring Phuong Hoang Company to autonomously demolish the violated construction. If the violating organization does not carry out the prescribed self-demolition measures, enforcement measures will be applied according to the provisions of the law on handling administrative violations,” the decision stated.
However, according to the observation of journalists, despite the overdue deadline for granting permits as prescribed, the bar construction still remains, while the functional agencies in Bac Ninh Province are “racing against time” to legalize the violation.
Many planning experts argue that changing the plan of an already planned area is not simple, and not every business can adjust it as desired. The adjustment of planning must obtain public opinions. In addition, the competent authorities need to clarify the purpose of changing the plan. Is the adjustment of the plan appropriate or not?
According to experts, violations must be handled according to legal provisions, not allowing the investor to “light the lantern and run ahead of the car”, and then the functional agencies have to chase after to legalize the violation. This will set a bad precedent.
At the same time, to limit unauthorized and unlawful construction, the management agencies from the ward level to the city level must tightly control from the time the construction works are still in progress and take immediate action from the early stages, to avoid difficulties and unnecessary expenses when the construction works are completed.
