According to the report of the Department of Natural Resources and Environment of Hai Duong province, Hai Duong Traditional Medicine Hospital (abbreviated as BV) was assigned by the state without collecting land use fees since 1968, and granted a land use right certificate in 2001 with an area of over 24,409 m2 . The hospital is located in Hai Tan Ward (Hai Duong City).
During the use, the state reclaimed a part of the land to build Thanh Nien and Yet Kieu roads, so the remaining area is 16,161 m2 (including about 4,000 m2 of lotus ponds), but the hospital has not completed the procedures to adjust the allocated land area according to the provisions of law.
Hai Duong Traditional Medicine Hospital
Thousands of square meters were illegally rented out
In late 2011 and early 2012, the hospital submitted a request, and the Hai Duong Provincial People's Committee issued Notice No. 03 of 2012 with the content agreeing in principle to allow "construction and addition of a number of items... to better serve the medical examination and treatment needs of the people", requiring "use of land for the right purpose..., if using joint venture capital, the implementation time shall not exceed 2020".
At the same time, in 2012, the hospital was approved by the Hai Duong Department of Health to build a 570 m2 regulating lake and a 1,567 m2 physical therapy house at the lotus pond adjacent to Yet Kieu Street. The Hai Duong City People's Committee issued Decision No. 183 in 2012 approving the detailed construction plan of the hospital and granting a construction permit for the hospital to build a physical therapy house.
But in reality, the hospital has committed many violations, such as leasing 645 square meters of space adjacent to the sidewalk of Thanh Nien Street to 9 individuals and businesses to build kiosks and do commercial business (hair washing, rice shops, car care, electrical repair...).
At the lotus pond location, which was approved by the Hai Duong Provincial People's Committee for business cooperation, the hospital signed a business cooperation contract in 2011 with Dai Son Company Limited (abbreviated as Dai Son Company) before the Provincial People's Committee agreed on the policy.
This contract contains contents that are not in accordance with the regulations and instructions of the People's Committee of Hai Duong province (cooperation period of 15 years, until May 25, 2026; the hospital only uses 10% of the construction area for pharmaceutical business, no physical therapy, the remaining 90% of the area is used by Dai Son Company for commercial business).
The Department of Natural Resources and Environment of Hai Duong province said that the total area of the above-mentioned violating constructions is about more than 4,000 m2 and has not yet completed the procedures to change the purpose of use according to the provisions of law.
Phoenix Restaurant is still operating on land managed by Hai Duong Traditional Medicine Hospital.
The deadline for voluntary demolition has passed, but many structures used by Dai Son Company on the land of Hai Duong Traditional Medicine Hospital still show no signs of being dismantled.
Risk of budget loss for the state
On February 20, 2012, Hai Duong City People's Committee granted a construction permit to the hospital, allowing it to build a physical therapy building on this plot of land with an area of 1,552 m2 . On May 6, 2016, Hai Duong City People's Committee continued to issue an official dispatch allowing the hospital to build the remaining construction.
In March 2023, after the Steering Committee for Anti-Corruption and Negativity of Hai Duong province and related departments and branches verified and gave specific instructions, by August 31, the hospital terminated the contract with 9 individuals and businesses renting at the location adjacent to the sidewalk of Thanh Nien Street, dismantled the kiosks, and rebuilt the hospital's surrounding wall.
In 2016 alone, the hospital signed a contract addendum with Dai Son Company, valid until the end of 2020, according to the time allowed by the People's Committee of Hai Duong province. However, the content of the contract addendum still does not follow the direction of the People's Committee of the province, which is a joint venture to build a physical therapy house. Up to now, the two parties have not yet liquidated the contract, the filled lotus pond area is still used by Dai Son Company as the Phoenix Wedding and Convention Center and some auxiliary works.
On the other hand, BV and Dai Son Company both failed to fulfill their financial obligations regarding the land for the entire area being used for the wrong purpose, not in accordance with the direction of Hai Duong Provincial People's Committee.
The violations of land and construction at the hospital were concluded by the Department of Natural Resources and Environment of Hai Duong province since April 27, 2016, but the correction of violations has been very slow. Up to now, Dai Son Company has continuously used land illegally, not fulfilling any financial obligations regarding land to the state since the land leveling in 2011 until now, with the risk of losing the state budget.
Request strict handling and review of violating groups and individuals
By September 2023, the Party Committee of the Hai Duong Provincial People's Committee had sent a report to the Standing Committee of the Provincial Party Committee and the Provincial Steering Committee for Anti-Corruption and Negativity, identifying the causes and responsibilities of the collective and individuals when violations occurred on the land assigned to the hospital for management and use.
Accordingly, from the end of 2011 to the beginning of 2012, the Hospital reported dishonestly to relevant sectors and the Provincial People's Committee about the proposal to cooperate in building works to serve the needs of medical examination and treatment, intentionally implementing the wrong content of the Provincial People's Committee's approval in Notice No. 03 of 2012.
The People's Committee of Hai Duong province at the end of 2011 to the beginning of 2012, when considering and agreeing in principle to the proposal to build a project to serve the hospital's medical examination and treatment needs, did not discover that the hospital had prepared documents and reported incorrectly the actual situation, that the hospital had signed a joint venture contract with Dai Son Company, a contract with many contents that were not in accordance with the direction of the People's Committee of the province.
The Department of Health approved the hospital to invest in building a physical therapy building, garage, regulating lake and technical infrastructure, but as the direct management agency of the hospital, it lacked responsibility in inspection and supervision. When violations were discovered, it did not take resolute and timely measures to handle them.
Hai Duong City People's Committee granted the construction permit to the hospital within its authority but not for the correct land use purpose. After granting the permit, Hai Duong City People's Committee and Hai Tan Ward People's Committee did not do a good job of management. When violations were discovered, they did not promptly and resolutely handle the violations according to regulations.
In response to this, on August 31, the People's Committee of Hai Duong City issued Decision No. 2931 on forcing Dai Son Company to take remedial measures, requiring the company to demolish all violating constructions; the deadline for implementing remedial measures is 15 days, starting from September 1. If Dai Son Company does not dismantle the constructions, from October 11 to 20, the People's Committee of Hai Duong City will organize the forced demolition of the violating constructions.
Hai Duong Provincial People's Committee assigned the Department of Health, the Office of the Provincial People's Committee, the Department of Planning and Investment, the Department of Construction, the Department of Natural Resources and Environment, the Department of Transport, the Department of Finance, relevant units, Hai Duong City People's Committee and Hai Tan Ward People's Committee based on their functions and tasks to proactively review and review the collective and individual responsibilities involved due to lack of close attention in advising on state management work in general, in resolutely detecting and handling violations at the hospital as pointed out in Inspection Conclusion No. 05 of 2016.
On the afternoon of December 9, speaking with Thanh Nien reporter, Mr. Tang Van Quan, Vice Chairman of Hai Duong City People's Committee, said: "Hai Duong City People's Committee has requested Dai Son Company to voluntarily move assets and dismantle constructions on the violating land area before December 15. After December 15, if violations still occur, Hai Duong City People's Committee will enforce them according to regulations."
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