On September 22nd, the Civil Enforcement Department of Quang Nam province issued a press release regarding the enforcement of judgments against Bach Dat An Joint Stock Company (address: Lot A7-21-22 Sentosa Riverside Urban Area, Dien Ban town, Quang Nam province).
According to the Quang Nam Enforcement Department, in 2020, the People's Courts at all levels compelled Bach Dat An Joint Stock Company to continue implementing "Land Deposit and Distribution Contract" No. 107/2017/HĐĐCPP/BĐ-HNN dated July 10, 2017; "Land Brokerage Contract" No. 01/2017-SBĐS dated July 24, 2017; "Land Brokerage Contract" No. 14/2017/HĐĐC/BĐA-CN dated July 14, 2017; and "Minutes of Agreement" dated May 23, 2019, between Bach Dat An Joint Stock Company and Hoang Nhat Nam Investment Joint Stock Company.
Hera Complex Riverside urban area - one of the three projects involved in the dispute.
Bach Dat An Joint Stock Company is responsible for contacting the People's Committee of Quang Nam province, the Department of Construction of Quang Nam province, the Department of Natural Resources and Environment of Quang Nam province, and the People's Committee of Dien Ban town to carry out the land handover and prepare the procedures for granting land use right certificates to those with related rights and obligations in the case.
Over the past period, during the enforcement process, the Quang Nam Provincial Enforcement Department has repeatedly urged and requested Bach Dat An Joint Stock Company to voluntarily comply with the judgment, but the company has not voluntarily complied, violating its commitments regarding the deadlines for implementing the projects.
To date, Bach Dat An Joint Stock Company has not fulfilled its obligations as stipulated in the land plot deposit and distribution contracts, as well as the memorandum of agreement between Bach Dat An Joint Stock Company and Hoang Nhat Nam Investment Joint Stock Company.
The delay in enforcing judgments by Bach Dat An Joint Stock Company in implementing projects has seriously affected the rights of households recognized in the judgments, causing public outrage and impacting local security.
Following the directives of the General Department of Civil Judgment Enforcement and the conclusions of the Chairman of the People's Committee of Quang Nam province, on September 20th, the Quang Nam Provincial Department of Civil Judgment Enforcement decided to enforce the judgment against Bach Dat An Joint Stock Company.
Accordingly, the Quang Nam Provincial Enforcement Department ordered Bach Dat An Joint Stock Company to fulfill "Land Deposit and Distribution Contract" No. 107/2017/HĐĐCPP/BĐ-HNN dated July 10, 2017; "Land Brokerage Contract" No. 01/2017-SBĐS dated July 24, 2017; "Land Brokerage Contract" No. 14/2017/HĐĐC/BĐA-CN dated July 14, 2017; and "Minutes of Agreement" dated May 23, 2019, between Bach Dat An Joint Stock Company and Hoang Nhat Nam Investment Joint Stock Company.
The enforcement will take place on October 25, 2023. Locations of enforcement: Bach Dat 1 Urban Area, Hera Complex Riverside Urban Area, 7B Expanded Urban Area, Dien Ngoc Ward, Dien Ban Town.
"If Bach Dat An Joint Stock Company fails to comply with the above-mentioned requirements by October 25, 2023, the enforcement agency will issue a fine and set a deadline of 5 working days for fulfillment of the obligation. If Bach Dat An Joint Stock Company fails to fulfill its enforcement obligations within the set deadline, the Enforcement Officer will request the competent authority to prosecute for the crime of non-compliance with the judgment," - Quang Nam Provincial Enforcement Department informed.
At numerous public consultation sessions held by the Quang Nam Provincial People's Committee, representatives of households who purchased land plots have repeatedly expressed their frustration with the investor, Bach Dat An Joint Stock Company.
As reported by VTC News, a dispute has arisen between Bach Dat An Joint Stock Company (the investor) and Hoang Nhat Nam Investment Joint Stock Company (the broker) over three projects in Dien Ban town: the expanded Urban Area No. 7B, Bach Dat Urban Area, and Hera Complex Riverside Urban Area. This is considered one of the largest real estate disputes in Central Vietnam, involving approximately 1,100 land plots that have been sold, generating around 700 billion VND in revenue.
After numerous trials from the first instance to the appeal, the People's Courts at all levels rejected the lawsuit filed by Bach Dat An Joint Stock Company, compelling the company to continue fulfilling the contract, promptly implement the projects, and hand over the land and land use right certificates to the people. However, to date, the investor has still not handed over the land and land use right certificates to customers who purchased land in the project.
THANH BA
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