Lien Chieu adjusts planning for New Danang City Project, people with rights react

The project of the Complex of Commercial Services, Apartments and Residential Land has been adjusted for the third time, supplementing the components of the dossier. However, before and after the planning was approved, land buyers at the project were not in agreement.

3rd detailed plan

The commercial service, apartment and residential land complex (commercial name is New Danang City) invested by Phu Gia Thinh Housing Investment and Trading Joint Stock Company (Phu Gia Thinh Company) has been approved by the People's Committee of Lien Chieu District to adjust the detailed planning at a scale of 1/500 (supplementing the dossier) in Decision No. 1763 (April 9, 2024).

Current status of New Danang City Project on May 30, 2024.

Accordingly, the total area before and after the planning adjustment remains the same at 87,372 m2. At the same time, the land use composition remains unchanged, with public land being 1,833 m2, high-rise commercial and service land combined with residential land being 8,668 m2, residential land being 46,922 m2 (53.7%), trees being 1,705 m2, and traffic land and technical ditches being 28,244 m2.

According to the adjustment decision signed by Mr. Hoang Thanh Hoa, Chairman of Lien Chieu District People's Committee, the adjusted planning content is to supplement the missing contents of the two previously approved detailed planning projects, including: urban design, management regulations according to the planning project, technical infrastructure of the project to ensure compliance with Circular No. 04/2022/TT-BXD, dated October 24, 2022 ( Ministry of Construction ) and current regulations; connecting the planning with neighboring areas.

It is known that according to the Submission of Phu Gia Thinh Company signed by Mr. Le Anh Trieu, Chairman of the Board of Directors of Phu Gia Thinh Company on March 15, 2024, the reason and necessity of adjusting the planning is the Detailed planning project at a scale of 1/500 of the Commercial Service Complex, Apartments and Residential Land approved in Decision No. 646, dated January 21, 2011 and the detailed planning adjustment in Decision No. 2929 dated April 14, 2011 of the People's Committee of Da Nang City.

“However, many contents of the project components have not been appraised and approved, including: contents on urban design, planning management regulations, technical infrastructure. This leads to the planning not being implemented according to Clause 3, Article 47 of the 2009 Urban Law, causing difficulties in the management and implementation of the project to be handed over and put into use,” Phu Gia Thinh Company stated the reason.

This reason was also mentioned by the People's Committee of Lien Chieu district in the approval decision, but the content replaced the word "planning management regulations" with the words "management regulations according to the planning project" and completely removed the words "handover for use".

The submission of Phu Gia Thinh Company (sender) and the decision of Lien Chieu District People's Committee (recipient) both stop at the district level.

Before the adjusted planning of this project was approved, according to the report of the People's Committee of Hoa Khanh Nam Ward, Lien Chieu District on March 15, 2024 on the results of organizing the collection of community opinions on the planning adjustment task dossier (organized on March 14), the surrounding and neighboring people had no opinions and consensus.

However, the report stated: "Some households in other residential groups in the ward, some households in other wards in the city, who are customers and partners contributing capital to Phu Gia Thinh Company, do not agree with the planning adjustment dossier."

Four reasons listed in the ward's report include "when the detailed planning is adjusted, will the land plots of the partners be changed and the rights of the people be affected?"; "disagree with the adjustment of the detailed planning at a scale of 1/500 of the project proposed at the meeting because it does not ensure the rights of the people".

Households with interests in the project believe that in order to get opinions from the people, especially those with interests related to the project, it is necessary to organize a 3-party meeting between Phu Gia Thinh Company - leaders of the City People's Committee - people who have bought land in this project to come up with a suitable plan for the project to continue to be implemented.

“Phu Gia Thinh Company is the investor of the project and has sold land to people for more than 404 billion VND. Now, if the Company wants to adjust the detailed planning or make any changes related to the project, it must have the consent of the people who paid to buy the land,” households with interests in the project reflected.

Also on March 15, Phu Gia Thinh Company's report on the results of the public opinion survey announced that 290 questionnaires were distributed to individuals and related organizations, of which 55 agreed, 21 disagreed, 2 did not choose any option, 204 partners did not respond, and 8 partners changed their address and could not be contacted.

And the report of Phu Gia Thinh Company also stated: "In addition, at the conference, the Company also recorded many opinions of some households in other residential groups in the ward and some households in other wards who are Partners contributing capital to the investor (not included in the group invited to attend the meeting in the Ward)."

Regarding the opinions of the people who are partners of the project in Hoa Khanh Nam ward, Phu Gia Thinh Company "accepted" and "the Company will carry out the adjustment of the detailed planning in accordance with legal regulations to ensure the rights of those related to the project".

On May 7, 2024, Phu Gia Thinh Company sent an invitation letter to individuals with capital contribution contracts to come to the headquarters on May 17, with the content of announcing detailed planning information and resolving issues related to the terminated capital contribution contract. According to documents obtained by reporters, the minutes of the subsequent meeting between the Company and the people were not signed; the buyers did not agree on the plan to terminate the contract, while the enterprise mentioned it. The two parties will resolve the rights of the terminated contract in civil court.

On May 20, 2024, people who bought land at the project filed a complaint to the Chairman of the People's Committee of Lien Chieu District because they believed that the decision of the People's Committee of the district overlapped Decision No. 3748, causing people to not receive the land plot and land use right certificate... Therefore, they requested to revoke/abolish Decision No. 1736.

Adjust planning to remove obstacles

Voters in Hoa Khanh Nam ward requested the city's authorities to pay attention to and protect the rights of people buying land in the New Danang City Project invested by Phu Gia Thinh Company.

In response to voters' petitions, the Da Nang City Inspectorate responded that on October 17, 2023, the City People's Committee Office issued Notice No. 439/TB-VP, in which it announced the opinion of Mr. Le Quang Nam, Vice Chairman of the City People's Committee, to assign the Monitoring Team to continue monitoring the results of the supervision, urging agencies and units to review and resolve the contents of the petitions of citizens and businesses and continue to update the progress of the handling results and report to the leaders of the City People's Committee for consideration and direction.

To review and resolve the project's problems, on March 6, 2024, the Chairman of the People's Committee of Da Nang City held a meeting with departments, branches, sectors and investors and gave specific instructions in Notice No. 89/TB-VP, dated March 13, 2024.

Implementing the above direction, on March 15, 2024, Lien Chieu District People's Committee issued Official Dispatch No. 847/UBND-QLDT requesting Phu Gia Thinh Company to complete the planning adjustment dossier according to the provisions of law.

To carry out the assigned tasks according to the provisions of law, the City Inspectorate (standing member of the Supervisory Team) affirmed that it is continuing to monitor and supervise the implementation progress of relevant agencies, units and the investor Phu Gia Thinh Company.

According to Decision No. 1763, the commercial service complex, apartment buildings and residential land are planned for adjacent residential buildings with a construction density of 57-93%, land use coefficient not exceeding 7.0 times; high-rise commercial service buildings combined with residential buildings have a construction density with the base block being 67.85% and the tower block being 51.6%, land use coefficient not exceeding 8.3 times.

Source: https://baodautu.vn/lien-chieu-dieu-chinh-quy-hoach-du-an-new-danang-city-nguoi-dan-co-quyen-loi-phan-ung-d216499.html