Mr. Hoang Cao Thang - Deputy Director of Hanoi Department of Construction has just signed and issued a conclusion on the inspection of land and construction order violations for the 9-storey mini apartment building on plot 152, in Tan Xa commune (Thach That district) invested by Mr. VMC and Ms. NTQH (residing in Viet Hung ward, Long Bien district, Hanoi city).
According to the issued construction permit No. 32 (later revoked by Thach That district), the project consists of 3 floors and an attic, with a land area of 726.5 m2. The construction area of the first floor is more than 150 m2. The total floor area is nearly 492 m2.
However, the inspection team found that the actual area of the first floor of the building was 747 m2; the total floor area, number of floors, total height of the building were increased and partitions were built into 167 rooms on floors 2-9.
Notably, according to the inspection conclusion, this mini apartment building was built on 3 plots of land, of which, in addition to plot number 152, the remaining 2 plots have not been granted land use right certificates.
Mini apartment building in Tan Xa commune (Thach That district).
The inspection team concluded that when the investor had committed illegal construction, the People's Committee of Thach That district had issued a decision to impose administrative penalties for violations in the construction sector. However, regarding violations in the land sector, Thach That district had not yet urged and inspected, leading to the People's Committee of Tan Xa commune and related agencies not yet establishing a case file to handle the violation.
In addition, the People's Committee of Thach That district did not issue a notice requesting the investor to demolish the construction or the illegal construction part. At the same time, it issued a decision to revoke construction permit No. 32 without ensuring the time limit according to Decree 15/2021/ND-CP of the Government...
According to the inspection conclusion, the illegal construction of a 9-storey mini apartment building in the area also has the responsibility of a series of leaders and agencies working at the Urban Management Department, the Department of Natural Resources and Environment, the District Urban Construction Order Management Team, the People's Committee of Tan Xa Commune, and the People's Committee of Thach That District.
Regarding the Chairman of the People's Committee of Thach That district, Nguyen Manh Hong, has not promptly and fully performed his responsibilities in detecting, preventing and promptly handling violations of the law on land management and use in the locality, according to Clause 1, Article 208 of the 2013 Land Law. The Chairman of the People's Committee of Thach That district is the person who is fully responsible for the situation of violations of construction order in the area according to Article 29, Article 50 of the Law on Organization of Local Government...
Chairman of Thach That District People's Committee Nguyen Manh Hong.
Based on the inspection and evaluation, the Department of Construction proposed that the Chairman of the Hanoi People's Committee, Tran Sy Thanh, direct the People's Committee of Thach That district to report to the Thach That District Party Committee on reviewing responsibilities and taking disciplinary action against relevant organizations and individuals when the above-mentioned shortcomings and limitations occur.
At the same time, direct the People's Committee of Thach That district to make a plan to review, inspect, complete documents, apply resolute measures and monitor, and thoroughly handle violations of land and construction order at the 9-storey mini apartment building.
In particular, the Department of Construction proposed to assign the Thach That District Police to verify, inspect, and handle if the investor intentionally fails to implement administrative handling decisions and resists when the competent authorities organize the forced demolition of violating works. At the same time, consider the responsibility of land management and construction order of local authorities in allowing violations to occur for a long time, forming large-scale works that make it difficult to handle violations .
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