CYAN hotel and tourism service complex faces difficulties due to land procedures

Vice Chairman of Quang Nam, Mr. Phan Thai Binh, has just signed a document to send to the Ministry of Agriculture and Environment to ask for guidance on land procedures at the investment project of CYAN Hotel and Tourism Service Complex in Dien Duong Ward (Dien Ban Town).

CYAN Hotel and Tourism Service Complex Project is invested by Lung Lo 5 Investment and Development Joint Stock Company.

According to the People's Committee of Quang Nam province, the project has been approved to adjust the overall detailed planning 1/500, the planning area is about 17.51 ​​hectares; including the project land area of ​​about 13.5 hectares; the green land area of ​​the 20m strip on the side of DT.603B road and the 50m strip on the sea side is about 4.01 hectares.

The project investor has signed a contract with Dien Ban District Land Fund Development Center to carry out site clearance and handover with an area of ​​4.02 hectares.

However, at the time of site clearance, Dien Ban Town People's Committee did not issue a land recovery decision. The remaining area that has not been cleared is 13.49 hectares; of which the land within the project is about 10.7 hectares and the land outside the project is about 2.79 hectares; the project has not been allocated or leased land by the Provincial People's Committee.

The CYAN Hotel and Tourism Service Complex Project has been approved by the People's Committee of Dien Ban Town for the detailed plan of compensation, support, and site clearance (phase 1), with a total implementation cost of 17.5 billion VND.

The enterprise has advanced this fund to the Dien Ban Town Land Fund Development Center for implementation and has been handed over the compensated and cleared land with an area of ​​4.02 hectares.

CYAN hotel and tourism service complex is located in Dien Duong ward, Dien Ban town.

However, the People's Committee of Dien Ban district (now Dien Ban town) has not issued a decision to reclaim this 4.02ha area; due to shortcomings and the cost of site clearance has been settled.

According to the 2013 Land Law, the decision to reclaim land is issued on the same day as the decision to approve the compensation, support and site clearance plan. Therefore, Dien Ban town cannot issue a decision to reclaim land for this settled area.

According to the provisions of the 2013 Land Law, the CYAN Hotel and Tourism Service Complex project is subject to the State's land acquisition for land lease.

In Resolution No. 61/NQ-HDND dated December 6, 2024 of the People's Council of Quang Nam province on the List of land acquisition projects in 2025, the People's Committee of Quang Nam province is requested to request the policy of the Standing Committee of the Provincial Party Committee and guidance from the Central Ministries and branches to determine the form of land acquisition for the project.

According to the People's Committee of Quang Nam province, the CYAN Hotel and Tourism Service Complex has announced the land acquisition policy; has a decision approving the detailed compensation, support, and site clearance plan (phase 1), but has not had a decision to acquire the land.

According to the provisions of the 2024 Land Law and Decree No. 102/2024/ND-CP dated July 30, 2024 of the Government detailing the implementation of a number of articles of the Land Law, there are no provisions on transitional handling in the form of continued land recovery in cases where there has been a notice of land recovery, a decision approving the compensation, support and site clearance plan but there has not been a decision on land recovery by a competent State agency.

From the above problems, Quang Nam province requests the Ministry of Agriculture and Environment to provide guidance on the application of transitional regulations in Clause 1 and Clause 2, Article 254 of the 2024 Land Law in the form of land recovery as prescribed in Article 79 or through an agreement on receiving land use rights or having land use rights as prescribed in Article 127 of the 2024 Land Law. From there, there is a basis for carrying out compensation, site clearance, and land lease to implement the CYAN Hotel and Tourism Service Complex project.

Source: https://baodautu.vn/to-hop-khach-san-va-dich-vu-du-lich-cyan-gap-kho-vi-thu-tuc-dat-dai-d283966.html