Model Urban Area Project in Dien Nam New Urban Area

More than a year has passed since the project was completed, but up to now, the Model Urban Area Project in Dien Nam - Dien Ngoc New Urban Area (Dien Ban town, Quang Nam ) has not yet completed site clearance, has not been allocated land, and has not yet begun construction.

Model urban area project in Dien Nam - Dien Ngoc New Urban Area: Seeking legal grounds to resolve the issue.

More than a year has passed since the project was completed, but up to now, the Model Urban Area Project in Dien Nam - Dien Ngoc New Urban Area (Dien Ban town, Quang Nam) has not yet completed site clearance, has not been allocated land, and has not yet begun construction.

In the Dien Nam - Dien Ngoc New Urban Area, there are several previous projects where the investor selection process was not in accordance with regulations.

The deadline has passed, but the house is nowhere to be seen.

The investment project for the construction of model urban housing in the Dien Nam - Dien Ngoc New Urban Area, Dien Ban town, was approved by the Quang Nam Provincial People's Committee in Official Letter No. 8427/UBND-KTN dated November 25, 2021. Accordingly, the project covers an area of ​​8.61 hectares; the total investment is 86 billion VND; and the implementation schedule is from November 2021 to November 2023.

But to date, no houses have been built on this land.

According to the Department of Planning and Investment of Quang Nam province, the project has completed compensation and site clearance of 3.65 hectares. The remaining area of ​​4.96 hectares has not completed compensation and site clearance. Of which, 4.3 hectares have not yet had their compensation and site clearance plans approved.

The problem is that this project has not yet been allocated land or started construction.

According to reports from the investor and local authorities, the reasons for the delay are difficulties and obstacles in compensation and land clearance; the Covid-19 pandemic; procedures for registering annual land use plans; and adjustments to the detailed planning.

Therefore, the Project Investor, MBLand Da Nang Joint Stock Company, has proposed to adjust the project completion schedule, extending it by 24 months after the Provincial People's Committee agreed and updated the business information due to changes in the Business Registration Certificate.

In the documents about the Project that Investment Newspaper reporters collected, this Project is on the list of projects that have selected investors in violation of regulations, which have been inspected and concluded by the Central Inspection Committee .

What is the solution to remove it?

According to Mr. Nguyen Quang Thu, Director of the Department of Planning and Investment of Quang Nam province, during the inspection by central agencies, this project has stopped carrying out related procedures.

"The Department of Planning and Investment has found that, for projects where the investor selection was not in accordance with regulations and which have been inspected and concluded by the Central Inspection Committee, the land allocation and leasing have not complied with the regulations in Articles 116 and 255 of the 2024 Land Law," Mr. Thu reported to the Quang Nam Provincial People's Committee on December 24, 2024.

If the project's progress is extended, the land use plan is supplemented and the people's consensus is received, the site clearance will be completed in the first quarter of 2025...

However, in its recent comments to the Department of Planning and Investment regarding the Model Urban Area Project in the Dien Nam - Dien Ngoc New Urban Area, the Department of Construction of Quang Nam province stated that the laws on construction, housing, and real estate business do not stipulate penalties for projects with improper investment procedures, projects that have exceeded their implementation deadlines but have not yet received approval for compensation and land clearance plans, and have not yet been allocated land.

Therefore, the Department of Construction proposed that the Department of Planning and Investment, based on legal regulations on investment, review and advise the Provincial People's Committee.

The Department of Planning and Investment has reported to the Provincial People's Committee for consideration and comments on adjusting the implementation progress of projects that previously selected investors in violation of regulations, as inspected and concluded by the Central Inspection Committee.

According to Mr. Thu, if an agreement is reached to adjust the project implementation schedule, the Department of Planning and Investment will report to the Provincial People's Committee for consideration and direction on adjusting the investor information and the implementation schedule.

The plan is to complete the compensation and site clearance work for the remaining area by the end of December 2025, and continue to implement the next procedures of the project. By the end of June 2026, the project will be completed, accepted and handed over for operation.

“In case the compensation and site clearance work for the remaining area is not completed by the end of December 2025, the People's Committee of Dien Ban town is responsible for coordinating with the investor to review and evaluate the ability to carry out compensation and site clearance work, and propose a solution based on Plan No. 1892/KH-UBND dated March 19, 2024 of the Provincial People's Committee to complete the Project,” said Mr. Thu.

Regarding this issue, Mr. Nguyen Xuan Ha, Vice Chairman of the People's Committee of Dien Ban town, said that during the process of paying compensation, some households did not agree to accept the money due to the low unit price and requested additional support from the investor; there was also a discrepancy in area between the detailed planning (1/500) and the land survey records (16.3 m2), so it needed to be rectified to have a basis for preparing and submitting a plan according to regulations.

According to the opinion of the Dien Ban Town Land Fund Development Center, if the project's progress is extended, the land use plan is supplemented and the consensus of the people is received, it is expected that the site clearance work will be completed in the first quarter of 2025.

However, when giving comments to the Department of Planning and Investment, the representative of the Department of Natural Resources and Environment also requested clarification of the case where, after being allowed by the Provincial People's Committee to adjust the project progress according to the proposal of MBLand Da Nang Joint Stock Company, the progress was still not completed according to regulations. "The investor will be handled according to the law," the Department of Natural Resources and Environment suggested.

Source: https://baodautu.vn/batdongsan/du-an-khu-do-thi-kieu-mau-tai-do-thi-moi-dien-nam---dien-ngoc-dang-tim-can-cu-de-go-phap-ly-d241087.html