
Lam Dong Provincial People's Court has opened a trial for the case of "Complaint against administrative decisions on compensation, support, and resettlement when recovering land" occurring at Son My I Industrial Park Project.
According to the document, Dai Thuan Phat Trading Company Limited (Dai Thuan Phat Company) filed a lawsuit, requesting the People's Court to annul Decision No. 509/QD-UBND dated March 20, 2025 of the People's Committee of Ham Tan district on approving the compensation, support and resettlement plan (BTHT-TDC) to implement the Son My I Industrial Park Project. Compel the People's Committee of Ham Tan district and the People's Committee of Binh Thuan province (old) to properly perform their duties and public duties according to the provisions of law.
Specifically: Organize to review and recalculate the entire compensation and resettlement plan for Dai Thuan Phat Company; ensure full compliance with the provisions of the 2024 Land Law, Decree No. 88/2024/ND-CP and related documents, ensure the legitimate rights and interests of enterprises during the compensation and resettlement process when land is recovered for this unit.

Before bringing the case to trial, Lam Dong Provincial People's Court took the required steps. Specifically, on July 25, Lam Dong Provincial People's Court chaired a dialogue session for the parties to reach an agreement on how to resolve the case. However, the mediation dialogue failed because the parties still maintained their opinions.
Then, on July 29, 2025, Lam Dong Provincial People's Court conducted an "on-site review and assessment". On September 16, Lam Dong Provincial People's Court continued to hold a dialogue. However, the defendant and the person with related rights and obligations were absent.
Lam Dong Provincial People's Court scheduled the trial for September 22. However, the trial was adjourned and rescheduled to October 17.

At the trial on October 17, the debate clarified the legality and responsibilities of the parties involved in the issuance of Decision No. 509/QD-UBND dated March 20, 2025 of the People's Committee of the former Ham Tan district.
The enterprise presented its opinion, hoping that the Trial Council would fully consider the legal basis to make a fair and objective judgment, ensuring the correctness and completeness of the investments that the enterprise had made on the land before the decision to reclaim the land.
At court, based on legal grounds and related documents, the representative of Lam Dong Provincial People's Procuracy proposed to cancel Decision No. 509/QD-UBND dated March 20, 2025 of the People's Committee of the old Ham Tan district; and accept the lawsuit requests of Dai Thuan Phat Company.
The panel of judges determined that the case had many complicated details, so the deliberation time would be prolonged. The trial is scheduled to announce the verdict at 8:00 a.m. on October 27.

According to the case file, Dai Thuan Phat Company is the owner of two projects in Son My commune, Ham Tan district (now Son My commune, Lam Dong province) with a total land area of more than 86,200 square meters (land allocated by Binh Thuan province in 2004 and 2005). Both projects have a land lease term of 49 years.
Of the allocated land area, only a part is clean land. In the Ecological Forest Planting Project, there are more than 1,200m2 of land managed and used by households and individuals. Dai Thuan Phat Company must negotiate, accept transfer and compensate for this land area. In addition, to ensure continuity in the implementation of the shrimp farming project and avoid dividing the production area... The Company also accepts to negotiate compensation and accept land transfer from people inside and outside the project boundary with a total area of 13,000m2. Bringing the total area of the project to 24,506m2.
The total actual land area that Dai Thuan Phat Company has been managing and using at the above two projects is more than 99,264 square meters.

In December 2011, the People's Committee of Binh Thuan province issued a decision to reclaim more than 100,800 square meters of land rented by Dai Thuan Phat Company to implement the Son My I Industrial Park Project.
Dai Thuan Phat Company said that it was not until March 20, 2025 that the People's Committee of Ham Tan district issued Decision No. 509/QD-UBND approving the BTHT-TDC plan for the Company. Accordingly, the total compensation and support for the company is 286 million VND, including: compensation for assets of more than 271 million VND, and costs of moving assets of 15 million VND. Notably, in the above decision, the compensation for more than 87,500m2 (more than 8.7ha) of recovered aquaculture land is 0 VND and the remaining "land investment cost" is 0 VND.
Dai Thuan Phat Company does not agree with the above compensation level because in addition to the allocated land area, the company also transferred 13,000 square meters of land from the people. The company believes that compensation for land at 0 VND is unreasonable. In addition, the company is not compensated for the huge investment costs it has spent; the repossession causes the termination of business activities, and no replacement production land is granted... but no compensation or support is not in accordance with regulations.
The issuance of the decision approving the BTHT-TDC plan is not based on the land recovery decision issued by the Provincial People's Committee in 2011. Notably, the compensation land area is smaller than the land area that the Provincial People's Committee decided to recover and is smaller than the actual area that the Company is managing and using.
Dai Thuan Phat Company believes that, based on the unit prices issued by the People's Committee of Binh Thuan province in Decision No. 37/2019/QD-UBND dated December 20, 2019 and Decision No. 09/2022/QD-UBND dated March 18, 2022 of the People's Committee of the province... then the amount of compensation that Dai Thuan Phat Company will receive is up to more than 28 billion VND.
Source: https://daibieunhandan.vn/lam-dong-dien-bien-moi-nhat-vu-boi-thuong-0-dong-ve-dat-tai-kcn-son-my-i-10392849.html






Comment (0)