Waste of land for Hai Duong Construction Information Technology Science Center Project

Multiple violations

Hai Hung Center for Science and Technology of Construction Information Technology was established under Decision 1471/QD/UB dated September 11, 1995 of Hai Hung Provincial People's Committee. The Center belongs to the Union of Applied Science and Technology of Information Technology UIA (abbreviated as UIA Union, under the Central Council of VUSTA), with Mr. Ngo Van Tuyen as director. Later, the name was changed to Hai Duong Center for Science and Technology of Construction Information Technology.

On April 24, 2002, according to Decision 1680/QD-UBND, the Provincial People's Committee assigned 4,640 m²Land in Thanh Binh ward (Hai Duong city) and granting land use right certificate for the center to implement the project of building agency headquarters and experimental workshop; long-term land use period, the project will be completed and put into operation in the third quarter of 2003.

After being assigned the land, the center coordinated with the People's Committee of Hai Duong City to clear the land, level the land, build a surrounding wall, a guard house... In 2003, the center sent a document to the UIA Union requesting to transfer the 4,640 m2 land plot.²assigned by Hai Duong Provincial People's Committee to upgrade to a vocational training school or vocational college.

On April 15, 2007, the center sent Document No. 09/CV-TTr to the People's Committee of Hai Duong province requesting to return the land with the reason that there was no funding to implement the project but did not submit the land use right certificate and accompanying documents. Afterwards, Mr. Ngo Van Tuyen signed the minutes of transferring this land to Nam Cuong Hanoi Group Joint Stock Company and received nearly 2.2 billion VND because the company had invested in a number of items on the land. While the matter was being considered, in April 2008, Viet Duc High-Tech Vocational College (also a unit of the UIA Union) built a level 4 house on the land without approval from the competent authority and a construction permit.

Due to signs of violations in land use and construction investment activities on the land, the Provincial People's Committee directed the establishment of an interdisciplinary inspection team led by the leader of the Department of Natural Resources and Environment. The team concluded that the implementation of the Center's headquarters and experimental workshop project was behind schedule, leaving the land fallow, violating land laws.

Mr. Ngo Van Tuyen, Director of the Center, signed the agreement, received money, handed over land documents and financial documents related to the land to Nam Cuong Group Joint Stock Company without consulting the UIA Union and without a decision from the competent authority, which is not in accordance with the law. The construction of Viet Duc High-Tech Vocational College on the center's land is not in accordance with the detailed construction plan and is not licensed by the competent authority, which is a violation of the law on construction.

Therefore, on March 4, 2019, the Provincial People's Committee issued Decision No. 755/QD-UBND to reclaim 4,640 m²the above land.

Early implementation of procedures to organize land use rights auctions

After the Provincial People's Committee decided to reclaim the land, Hai Duong Construction Information Technology Science Center repeatedly submitted petitions to the authorities to consider this reclamation.

Speaking over the phone, Mr. Ngo Van Tuyen, Director of the center, said that during the project implementation, the time to complete the procedures was prolonged. After that, the Provincial People's Committee issued Decision 3456/QD-UBND dated September 25, 2007 approving the adjustment and supplementation of the detailed planning for the construction of the new commercial - cultural and urban area in the west of Hai Duong City, the land area of ​​4,640 m²The center is located in this planning area, so the unit does not continue to build the construction items. According to the regulations, the above land area is not enough to build a school, so the unit proposed and was allowed to work with Thanh Binh ward to request a location and land area to build a school!?

"We hope the province will replace the reason for land reclamation due to the center's delay in putting the land into use with a new decision in accordance with the Land Law and resolve the part of the center's investment in the above area," said Mr. Tuyen.

According to the Department of Natural Resources and Environment, the fact that the center requested to return the land but did not submit the land use right certificate, made some agreements with Nam Cuong Group Joint Stock Company and let Viet Duc High-Tech Vocational College build on the area that the Provincial People's Committee had granted to the center, the Provincial People's Committee's issuance of Decision 755/QD-UBND to reclaim the land was correct. The center's proposal to adjust the reason for land reclamation to the company voluntarily returning the land was not true to the nature of the matter.

At the end of August 2024, the Provincial People's Committee assigned the Department of Natural Resources and Environment to review and complete the revocation or cancellation of the land use right certificate granted to the Hai Duong Center for Construction Information Technology Science in accordance with regulations. The Hai Duong City People's Committee urgently determined and completed the compensation and support for investment costs in the remaining land and assets attached to the land (if any), ensuring that when organizing the auction of land use rights, the land must meet the conditions of clean land.

Thus, the issues related to the 4,640 m2 land²In Thanh Binh ward (Hai Duong city), there has been a clear solution. Relevant levels and sectors need to quickly resolve the issue to avoid wasting land located in the city center.