Ba Ria - Vung Tau Provincial People's Committee sued for stopping coastal tourism project

On December 27, the People's Court of Ba Ria - Vung Tau province opened the first-instance trial of the case of Thanh Nam Construction and Construction Materials Exploitation Company Limited (abbreviated as Thanh Nam Company) suing the People's Committee of Ba Ria - Vung Tau province for being terminated from implementing the Binh Chau beach tourism project.

According to the lawsuit, in 2003, the People's Committee of Ba Ria - Vung Tau province approved the policy and agreed on the investment location of the Binh Chau beach tourism project in Xuyen Moc district, with Thanh Nam Company as the investor.

In mid-2003, the People's Committee of Ba Ria - Vung Tau province issued a document on "Re-agreement on the location for the detailed planning 1/500 and the investment project to build the Song Lo marine eco-tourism area, Binh Chau commune, Xuyen Moc district". The project was later renamed Binh Chau marine tourism area.

However, the Provincial People's Committee later said that the delay in project implementation was due to Thanh Nam Company's fault. Therefore, in 2017, the People's Committee of Ba Ria - Vung Tau province issued a document on "terminating the legal validity of the project investment policy" . Then, in 2020, the Provincial People's Committee issued a document correcting the termination of the legal validity of the project.

Thanh Nam Company believes that the above termination has violated the company's legitimate rights and interests, because it has spent a large amount of money to invest in the project but has not yet recovered it.

In addition, Thanh Nam Company also said that in 2008, the People's Committee of Ba Ria - Vung Tau province issued a decision "approving the overall plan on compensation, support and resettlement to recover land for project implementation". However, since then, the investor has not been given this decision.

Representative of Thanh Nam Company in court

Therefore, Thanh Nam Company sued the People's Committee of Ba Ria - Vung Tau province. Accordingly, the investor requested the court to declare the cancellation of the document of the People's Committee of Ba Ria - Vung Tau province on terminating the legal validity of the project investment policy, and the document terminating the legal validity of project implementation.

At the same time, the company requested the court to force the Provincial People's Committee to issue a decision approving the overall plan for compensation, support and resettlement to recover land to implement the project.

Because Thanh Nam Company affirms, the The delay in project implementation is not the company's fault. From the time the Binh Chau beach resort project began construction until 2008, the company has fully complied with the provisions of the law.

Specifically, in 2011, Thanh Nam Company received a list of households using the land while in 2008 this was public land. The company sent documents to Xuyen Moc District twice to be guided on the legal basis for re-measurement but received no response. If the competent authorities had properly implemented the regulations from Article 50 to Article 59 of Decree 84 of 2007, there would have been no delay in the project's progress.

At today's trial, the Provincial People's Committee affirmed that "it had delivered a decision approving the overall plan for compensation, support and resettlement to recover land for the project to Thanh Nam Company". However, at the trial, the Provincial People's Committee did not have any evidence to prove the delivery of this decision. At the same time, this agency also said that it did not see any archived records related to the dissemination of the decision. On the contrary, Thanh Nam Company affirmed that it did not receive the above decision.

Before the end of the questioning, the Chief Justice emphasized: "This is a very large asset of the state, so the parties need to carefully review the file." Therefore, the court decided to stop the trial so that the parties can provide evidence. The time to reopen the trial will be announced later.

Previously, the provincial court opened a trial twice but was suspended to clarify some contents related to the lawsuit.

Regarding the Binh Chau beach resort project, in 2018, the People's Committee of Ba Ria - Vung Tau province canceled the decision to approve the detailed scale of 1/500 of the resort. Therefore, Thanh Nam Company sued the People's Committee of Ba Ria - Vung Tau province in the provincial court.

In mid-2020, the People's Court of Ba Ria - Vung Tau province dismissed Thanh Nam Company's lawsuit at first instance. The company appealed the entire judgment.

At the end of 2020, the High People's Court in Ho Chi Minh City held an appeal trial. According to the court, the Provincial People's Committee's failure to hand over the decision approving the overall plan for compensation, support and resettlement to recover land to implement the project to the company was the defendant's fault, causing the project to be delayed.

According to the appeal court, the competent authority did not respond in writing, nor did it notify the company that the project would be stopped. Therefore, the decision of the Provincial People's Committee to stop the project without considering the interests of Thanh Nam Company is not satisfactory.

From there, the court accepted the lawsuit requesting to cancel the above decisions. The People's Committee of Ba Ria - Vung Tau province conducted procedures according to legal regulations and considered the company's benefits.

Source link: https://thanhnien.vn/ubnd-tinh-ba-ria-vung-tau-bi-kien-vi-ngung-du-an-khu-du-lich-bien-185231227172609059.htm