As reported by the Economic & Urban newspaper, the villa owned by Mr. Ho An Tap was built without permission on a 3,564m2 plot of land (agricultural and aquaculture land), located on Quan Lo Phung Hiep road section passing through Tan Thanh commune, Ca Mau city. At the end of 2022, when his villa was nearing completion, Mr. Ho An Tap filmed and live-streamed images of the villa on social media, claiming it was "the most beautiful building in Ca Mau." Immediately afterwards, the People's Committee of Ca Mau city discovered the violation and imposed an administrative fine of 22.5 million VND, ordering the restoration of the land to its original state (demolishing the villa).
The owner of the villa did not have enough money to pay the land use conversion fee.
According to Mr. Ho An Tap, on April 12, 2024, the People's Committee of Ca Mau City issued Decision No. 195/QD-UBND allowing him to change the land use purpose from aquaculture land to rural residential land, covering an area of 583.20 m2, plots No. 672 and 673, map sheet No. 1, in Tan Thanh commune, Ca Mau City. After receiving the decision, he and his wife submitted the application and completed the procedures for changing the land use purpose. However, the Department of Natural Resources and Environment of Ca Mau City did not agree, and instead required Mr. Tap to convert the entire area of over 2,260 m2 of his villa to residential land.
According to a report dated May 24, 2024, from the Department of Natural Resources and Environment of Ca Mau City, Mr. Tap requested a change in land use purpose for an area of 583.20 m2. After the change is approved, he will proceed with the procedures to register the property on the Land Use Right Certificate to increase its value for bank loans. Upon completion of these procedures, he will continue to change the land use purpose for the remaining 1,678.38 m2 before October 2024. Regarding the 1,303.22 m2 area that is not in accordance with the land use plan and requires restoration to its original state, Mr. Tap argues that the land contains many ornamental plants that would easily die if moved during the dry season, and therefore requests that they be removed and the land restored to its original state before the violation occurred, before October 2024. However, the Department of Natural Resources and Environment disagreed, requiring that the full area be transferred in accordance with Decision 7309/QD-SDBSHB dated November 15, 2023.
On May 29, 2024, Mr. Ho An Tap submitted a petition to the leaders of Ca Mau province and city requesting permission to change the land use purpose of 583.20m2 according to Decision No. 195/QD-UBND dated April 12, 2024 of the People's Committee of Ca Mau city (which was revoked 3 days later), citing his inability to meet the requirements.
According to the petition and recent press interviews, the owner of what is considered the most beautiful villa in Ca Mau stated that he had submitted a petition to the leadership arguing that the Ca Mau City Department of Natural Resources and Environment's failure to convert 583.20 square meters (worth approximately 3 billion VND) was contrary to Decision No. 195, and that he himself was not financially capable. "My financial capacity is limited, so I cannot afford to convert 100% of the land use, which costs nearly 10 billion VND," Mr. Ho An Tap added.
Failure to carry out the demolition will result in enforcement action and forced rectification of the consequences.
In response to Mr. Ho An Tap's request, the People's Committee of Ca Mau City stated that the relevant agency had not yet disseminated Decision No. 195/QD-UBND dated April 12, 2024, of the People's Committee of Ca Mau City to Mr. Tap, and the People's Committee of Ca Mau City had already revoked and annulled this decision. Therefore, Mr. Tap's request to be implemented according to Decision No. 195/QD-UBND dated April 12, 2024, is unfounded, as the decision had been revoked and annulled before it was disseminated to Mr. Ho An Tap by the competent authority.
According to the People's Committee of Ca Mau City, the specialized agency explained and requested Mr. Ho An Tap to comply with Decision No. 7309/QD-SDBSHB dated November 15, 2023, regarding the area of 2,261.58 m2 for which land procedures must be carried out. Failure to comply will result in the restoration of the land to its original state before the violation. Specifically, it is requested that the original state of the land before the violation be restored for the 1,303.22 m2 area (the portion that does not conform to the land use planning and plan of Ca Mau City).
The People's Committee of Ca Mau City requests that Mr. Ho An Tap strictly comply with Decision No. 7309/QD-SDBSHB regarding the 2,261.58 m2 of land area that requires land procedures (the area consistent with Ca Mau City's land use plan) and promptly restore the land to its original condition before the violation for the remaining 1,303.222 m2. If Mr. Ho An Tap fails to comply with or incorrectly complies with Decision No. 7309/QD-SDBSHB concerning the 2,261.58 m2 of land area requiring land procedures, the People's Committee of Ca Mau City will take further steps to enforce corrective measures for the aforementioned violation. According to the decision, all costs related to the enforcement must be borne by the owner of the illegally constructed "most beautiful building in Ca Mau".
Source: https://kinhtedothi.vn/vuong-mac-vu-biet-thu-khung-khong-phep-o-ca-mau.html
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