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Cho Moi - Bac Kan: Inspectorate points out a series of violations regarding land and environment

Báo Tài nguyên Môi trườngBáo Tài nguyên Môi trường30/11/2023


Business operates "3 no"

Inspecting the operations of Duong Thanh Company, the inspection team found that: The total area of land used by the enterprise is 18,257.5m2, including: Land for production and business facilities: 3,035.0m2; land for growing perennial crops: 9,676.6m2; flat land for growing other annual crops: 5,545.9m2.

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Inspection conclusion points out a series of violations in Cho Moi district

At the time of inspection on January 16, 2023, the land no longer had its original status (according to the cadastral map before leveling, it was flat land for growing other annual crops). The current status has been leveled, on the land has been built factory 1 with an area of 3,419.0m2 (of which 2,264.0m2 was built on production and business land and 1,155.0m2 of factory was built on perennial land); factory 2 with an area of 398.0m2; operating house area: 164.3m2; concrete yard 1: 1,791.3m2; concrete yard 2: 4,243.8m2; wood drying yard, auxiliary area: 5,516.5m2.

Regarding construction investment procedures, the inspection team determined that the enterprise did not have an investment approval policy from the competent authority; there were no construction drawing design documents, general construction plan and related procedures and no construction permit. This enterprise was also not included in the approved planning.

In response to the above violation, the Chairman of the People's Committee of Cho Moi district administratively sanctioned Ms. Duong Thi Thanh, village 3, Dinh Xuyen commune, Gia Lam district, Hanoi city in Decision No. 2554/QD-XPVPHC dated September 30, 2022, administratively sanctioning the act of destroying land, the destroyed area is 9,042.8m2, the fine is 45 million VND but has not restored the original condition of the land before the violation.

The Chairman of the People's Committee of Quang Chu Commune has fined Duong Thanh Company Limited for not having a temporary storage warehouse for hazardous waste, not having a system to collect and treat production wastewater and domestic wastewater, with a fine of VND 3.5 million in Decision No. 263/QD-XPVPHC dated August 11, 2022.

Intentional or unintentional wrongdoing

According to the conclusion, PEA'NA International Pharmaceutical and Cosmetic Joint Stock Company (PEA'NA Company) located in Na Lang village, Quang Chu commune, Cho Moi district, Bac Kan province, with Mr. Tran Tien Lam - Chairman of the Board of Directors as the legal representative, was approved by the People's Committee of Bac Kan province for investment policy in Decision No. 632/QD-UBND dated May 11, 2021, the project's operating period is 50 years, the expected area of use is 3.2347 hectares for the purpose of producing products and herbal tea.

At the time of inspection on January 9, 2023, the leveled land was 14,635.7m2, (including land currently planted with pine trees of 3,476.3m2, leveled traffic land of 289m2, leveled river and stream land of 6,660m2, leveled perennial land of 2,075.4m2, leveled forest land of 2,135m2, on the leveled forest land, a wooden stilt house with an area of 130.2m2 (12.4m x 10.5m) was built with brick foundation and red tile roof.

Although the Chairman of the People's Committee of Bac Kan province administratively sanctioned Mr. Tran Tien Lam for destroying 9,024.4 square meters of land, with a fine of 45,000,000 VND, the consequences have not yet been remedied.

In addition, the inspection team also discovered a stilt house under construction with an area of 130.2m2 (Wooden frame, wooden floor, tiled roof, tiled ground, no walls). The construction of the house was administratively sanctioned in Decision No. 393/QD-XPVPHC dated December 5, 2022 of the Chairman of the People's Committee of Quang Chu commune for the act of using land for the wrong purpose (Converting agricultural land to non-agricultural land in rural areas without permission from competent authorities. Stipulated in Point d, Clause 1, Article 57 of the Land Law, with a total area of 130.2m2. The deadline for remedying the consequences is 30 days), however, at the time of inspection, the construction was still ongoing.

Conducting an inspection of Hau Ninh Cooperative (hereinafter referred to as the Cooperative), located in Na Choong village, Quang Chu commune, Cho Moi district, Bac Kan province, it was found that the land was no longer in its original state, the land had been leveled. In addition to the above-mentioned plots, Hau Ninh Cooperative also leveled part of the area of plot number 209, map sheet number 2 (1,962m2), now plot 927, map sheet number 2, production forest land, Certificate of Land Use Rights No. DS 032129, issued on August 10, 2021 to Mr. Vu Ngoc Bich, residing in Na Choong, Quang Chu commune, Cho Moi, Bac Kan province.

Total leveled area: 12,919.6m2, current status on the land has built the following works: Factory area 1: 613.7m2 built on production and business land; warehouse: 134.3m2; operating house: 70.6m2; garage: 149m2 built on perennial land. Yard: 9,560m2.

Factory 2: 2,392m2, of which 572m2 is built on production and business land and 1,820m2 is built on production forest land and perennial crop land.

The leveling did not have the approval document from the competent authority. The authorities also determined that the cooperative did not have the investment approval policy from the competent authority; Construction drawing design documents, total construction site and related procedures and construction permit.

In particular, the general construction planning is not consistent with the approved planning. In addition, through actual inspection, the cooperative does not have a temporary storage warehouse for hazardous waste, and does not have a system for collecting and treating production wastewater and domestic wastewater (a tank and a wastewater collection ditch are being built).

For this unit, the Chairman of the People's Committee of Cho Moi district has signed and issued many decisions to punish the act of leveling land, deforming the terrain, destroying the land but not restoring the original state of the land before the violation.



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