Nha Trang Bridge and Diamond Bay Bridge: Unending disputes

Hoan Cau Nha Trang has proactively removed barbed wire fences.

According to the reporter's investigation, on January 8, Hoan Cau Vinh Kim Cuong sent a document to Hoan Cau Nha Trang, informing that this company would proceed to mark the boundary and build a protective fence along the boundary. After receiving the above document, Hoan Cau Nha Trang responded and proposed to continue using the border area between the two sides as a common passage, ensuring that it would not affect the business activities of both sides. However, Hoan Cau Vinh Kim Cuong did not agree and started to build a solid fence on the common traffic route of both sides from February 5.

The fence built by Hoan Cau Vinh Kim Cuong with bricks and reinforced concrete illegally was recorded as an administrative violation by the People's Committee of Phuoc Dong commune.

Speaking to reporters, Mr. Nguyen Ngoc Thanh - Deputy General Director of Hoan Cau Vinh Kim Cuong said: "The fence was built on the company's land to protect the boundary. I affirm that this is in accordance with the procedures and regulations of the law. Hoan Cau Nha Trang's erection of barbed wire fences has separated and affected our access to the sea space during the process of doing tourism business."

Meanwhile, Ms. Vo Thi Thinh - Deputy General Director of Hoan Cau Nha Trang said: "The fact that Hoan Cau Vinh Kim Cuong built a solid concrete and steel fence on the common traffic route between the two sides, blocking the road to Nhu Tien beach, not allowing Hoan Cau Nha Trang and our guests to pass through is a violation of the detailed planning 1/500 of the project approved by the Provincial People's Committee in Decision No. 1657, dated June 24, 2015. At the same time, blocking the central arterial road of the project seriously affects the business activities of Hoan Cau Nha Trang. After Hoan Cau Vinh Kim Cuong built the fence, on March 26, we placed boundary markers and erected barbed wire fences on our land; at the same time, we sent a written notice to Hoan Cau Vinh Kim Cuong. This marking was witnessed by representatives of the People's Committee and the Phuoc Dong Commune Police".

After the conflict arose, the Provincial People's Committee directed relevant departments, agencies and the Nha Trang City People's Committee to inspect the erection of barbed wire fences and fences of the two enterprises. In Document No. 2433, dated April 29, the Department of Agriculture and Environment determined that the location of the barbed wire fences and concrete brick walls of the two enterprises was within the land use and sea surface use boundaries according to the lease decision of the Provincial People's Committee. However, the above constructions spoil the landscape, are offensive, affect the surrounding area, and reduce the value of ecosystem services and natural landscapes. Therefore, the Department of Agriculture and Environment proposed the Provincial People's Committee to direct the Nha Trang City People's Committee to handle the matter and require the two enterprises to voluntarily dismantle the barbed wire fences and inappropriately built brick walls.

The solid fence of Hoan Cau Bay Kim Cuong was illegally built on land planned for traffic, blocking the Hoan Cau Nha Trang road down to Nhu Tien beach.

Mr. Bui Cao Phap - Vice Chairman of Phuoc Dong Commune People's Committee said that after receiving the directive document from Nha Trang City People's Committee, the locality invited 2 enterprises to work and went to the scene to record and mobilize the parties to voluntarily dismantle the barbed wire fences and brick walls. On May 7, the Commune People's Committee and representatives of the City's Department of Economics , Infrastructure and Urban Affairs went to the scene to work, Hoan Cau Nha Trang proactively dismantled the barbed wire fences (completed on May 10), while Hoan Cau Vinh Kim Cuong said that they did the right thing so they did not dismantle it.

On September 25, 2019, the Department of Construction sent a document to Hoan Cau Resort Vinh Kim Cuong Joint Stock Company requesting to stop the construction of land leveling within the sea surface boundary managed by Hoan Cau Nha Trang Joint Stock Company. Accordingly, through collecting related documents, the Department of Construction found that Hoan Cau Resort Vinh Kim Cuong Joint Stock Company dug and leveled the ground at the location where the Provincial People's Committee had assigned Hoan Cau Nha Trang Joint Stock Company to lease the sea surface for protection and tourism business in Decision No. 3635, dated October 23, 2002. Therefore, the illegal digging and leveling of Hoan Cau Resort Vinh Kim Cuong Joint Stock Company within the above boundary is not in accordance with regulations. The Department of Construction also requested Hoan Cau Nha Trang Joint Stock Company to be responsible for managing and using the leased water surface area for the right purpose.

Pursuant to Point C, Clause 7, Article 16, Decree No. 16 dated January 28, 2022 of the Government regulating administrative sanctions for construction violations, on May 12, the People's Committee of Phuoc Dong commune made a record of administrative violations of Hoan Cau Vinh Kim Cuong for organizing the construction of a project without a construction permit, which according to regulations must have a construction permit for a project requiring a feasibility study report on construction investment or a project requiring a technical and economic report on construction investment, a project with the following structure: Fence wall (gate pillar, fence wall, reinforced concrete pillar foundation, brick wall, stone gate pillar cladding, split stone foundation, reinforced concrete brace, height 2.5m to 3m, length 303.4m) at land plot No. 1371, map sheet No. 64, Phuoc Ha village. Phuoc Dong Commune People's Committee also requested the legal representative of Hoan Cau Vinh Kim Cuong to be present at the Commune People's Committee at 2:00 p.m. on May 19 to resolve the incident. However, Hoan Cau Vinh Kim Cuong did not sign the administrative violation record due to being absent from the scene.

The sea surface has been divided

It is known that the main reason for erecting barbed wire fences and concrete walls separating the two enterprises is related to the benefits of using sea surface for tourism business. Accordingly, on October 23, 2002, the Provincial People's Committee issued Decision No. 3635 on leasing sea surface to Hoan Cau Company Limited (now Hoan Cau Nha Trang Joint Stock Company) for protection and tourism business with an area of ​​over 148.7 hectares. Then, on July 9, 2007, the Provincial People's Committee issued Decision No. 1202 adjusting Decision No. 3635, reducing the water surface lease area of ​​this enterprise to over 142.6 hectares.

In 2011, the Board of Members of Hoan Cau Nha Trang Company Limited issued Resolution No. 11 to separate the company to establish a new legal entity, Hoan Cau Resort Vinh Kim Cuong Company Limited (now Hoan Cau Resort Vinh Kim Cuong Joint Stock Company) to implement resort area 1. According to the investment certificate, Hoan Cau Nha Trang manages a land area of ​​more than 164.6 hectares, while Hoan Cau Vinh Kim Cuong manages a land area of ​​15.44 hectares. However, due to errors in measurement data, the actual area of ​​resort 1 is only 15.33 hectares (including nearly 2.69 hectares of water surface area). In 2014, the Provincial People's Committee issued Decision No. 1627, reclaiming an area of ​​nearly 2.69 hectares of land (originally sea surface) leased by Hoan Cau Nha Trang Company Limited and leasing the entire area to Hoan Cau Resort Vinh Kim Cuong Company Limited to add to the resort 1 project.

At 3:00 p.m. on May 7, Hoan Cau Nha Trang proactively organized the dismantling of the barbed wire fence, but Hoan Cau Bay Kim Cuong prevented it, saying that local authorities had to witness it.

Mr. Nguyen Ngoc Thanh said that after the company split, Hoan Cau Vinh Kim Cuong will be able to use the sea surface area for protection and tourism business with an area of ​​over 59 hectares (area 2). This division is based on the meeting minutes No. 2812 dated December 28, 2016 of the Board of Members of Hoan Cau Nha Trang Company Limited and the joint meeting minutes No. 02 of the Board of Members of the 2 companies on December 28, 2016.

Regarding this issue, Ms. Vo Thi Thinh affirmed that the Hoan Cau Vinh Kim Cuong side based on the two minutes No. 02 and No. 2812 dated December 28, 2016 to divide the sea surface has no legal basis. Because, according to the charter of Hoan Cau Nha Trang, the minutes of the meeting of the board of members must be recorded in the minutes book and approved by voting at the meeting, effective from the date of approval of the resolution or decision, and stored at the company, but in fact the minutes of the meeting and the above resolution are not in the archives and the minutes book. Not only that, the minutes No. 2812 showing that Mr. Nguyen Chan and Mr. Nguyen Quoc Cuong were founding members of Hoan Cau Nha Trang is baseless because at the time of the first business registration (in 2003), Ms. Tran Thi Huong and Mr. Nguyen Quoc My were the members contributing capital to establish the company (according to the business registration certificate No. 3702000564 issued by the competent authority). Meanwhile, according to the law, all transactions of the company must be established by the legal representative or a legally authorized person to have legal value; at this time, Mr. Chan was not the legal representative and was not legally authorized by the legal representative, so Mr. Chan's signature in minutes No. 02 is invalid. In addition, minutes No. 02 does not have the confirmation seal of the two companies in the section of the representative signing, so it is invalid for establishing transactions/agreements between the two companies.

According to the representative of Hoan Cau Nha Trang, the separation of the company was completed in March 2012. The entire separation documents do not contain any content about separating the rights and obligations related to the use of the sea surface that the company has leased since 2007. Hoan Cau Nha Trang affirms that it is the only unit with the right to manage and legally use the entire sea surface area of ​​more than 142.6 hectares.

“Recently, some guests of Hoan Cau Bay Kim Cuong used kayaks to row to the water area managed by Hoan Cau Nha Trang and were warned by our staff for unsafe reasons, but there is information that Hoan Cau Nha Trang chased away guests, which is not true to the nature of the incident. In fact, to put a beach into business, it is necessary to arrange rescue (people and vehicles), security, warning buoys and warning signs, but this beach is currently unsafe and does not have the conditions as stated, so the company does not put it into business. Therefore, warning guests is necessary, because if an unfortunate incident occurs, it will be very complicated,” said Ms. Thinh.

MANH HUNG

 

Source: https://baokhanhhoa.vn/xa-hoi/202505/hoan-cau-nha-trang-va-hoan-cau-vinh-kim-cuong-nhung-tranh-chapchua-co-hoi-ket-30b0177/