According to a document from the People's Committee of Hai Duong province, after reviewing Report No. 4627/STC-QLGCS dated November 13, 2024, from the Department of Finance regarding the resolution of the proposal to donate assets and establish state ownership of assets at the Provincial Traditional Medicine Hospital; which included a proposal not to accept the assets and establish state ownership of assets proposed for donation by Dai Son One-Member Limited Liability Company (Dai Son Company).
Because, in terms of the legality of the donated assets, the entire property that Dai Son Company proposed to donate to the hospital was created and built illegally, thus lacking legal validity; and regarding the legal ownership of the assets, there is insufficient basis to determine that the assets Dai Son Company proposed to donate to the hospital belong to Dai Son Company's legal ownership.
The Chairman of the Provincial People's Committee directed the People's Committee of Hai Duong City, relevant departments and agencies, the People's Committee Office, the Inspectorate, the Health Department , the Finance Department, the Natural Resources and Environment Department, the Construction Department, the Justice Department, the Provincial Police Department, the Chairman of the People's Committee of Hai Duong City, and the Director of the Provincial Traditional Medicine Hospital to focus on urging and supervising the demolition of the illegal construction by Dai Son Company before December 31, 2024 (if Dai Son Company Limited does not demolish the illegal construction, the People's Committee of Hai Duong City will organize the demolition in accordance with regulations); and to focus on resolving all violations at the Provincial Traditional Medicine Hospital in accordance with the law (to be completed before January 15, 2025).
The Department of Natural Resources and Environment is tasked with guiding and assisting the hospital in completing the procedures for registering land use changes in accordance with the law.
The Provincial Police Department is tasked with proactively monitoring the situation and promptly detecting and handling any violations in accordance with the law (if any).
During the implementation process, if any difficulties arise, report them to the Provincial People's Committee for guidance.
Previously, the Economic and Urban Newspaper published a series of articles reflecting on the fact that Dai Son Company proposed to donate all the assets, including the illegally constructed buildings that the company had built on the hospital's land, to Hai Duong Traditional Medicine Hospital.
According to a recent report from the Hai Duong Department of Natural Resources and Environment, after being assigned by the Provincial People's Committee to advise on handling the request from Dai Son Company to donate all assets, specifically the illegally constructed buildings built on the hospital's land, to the Hai Duong Traditional Medicine Hospital, the Department has sent a letter to relevant departments and agencies requesting their opinions on the matter.
In their written response, the Traditional Medicine Hospital and the Department of Health agreed to accept the assets for use in medical examination and treatment once they are confirmed by the competent authority to be legally valid and in accordance with the law.
The Department of Transport and the Department of Finance have not yet stated their specific positions. However, the Department of Finance cited Decree 29/2018/ND-CP, stating that the Traditional Medicine Hospital "is responsible for determining the appropriateness of receiving transferred assets based on legal regulations (determining suitability with usage needs and legal regulations in the fields of land management, urban management, construction planning, construction quality management, etc.) and must be responsible for that determination."
The Department of Justice and the Department of Planning and Investment clearly stated their position that "the assets received must be legally acquired assets."
The Department of Construction and the Provincial Inspectorate both agreed not to accept Dai Son Company's proposal, demanding the immediate demolition of the illegal construction and ensuring strict compliance with the law and the directives of the Provincial Party Committee and the Provincial People's Committee.
As previously reported, Dai Son Company constructed illegal structures such as karaoke bars, restaurants, and cafes on land managed by Hai Duong Traditional Medicine Hospital.
On November 8, 2023, the People's Committee of Hai Duong City issued a decision to enforce remedial measures against the illegal constructions of Dai Son Company, requiring the enterprise to demolish the illegal structures in the hospital area before December 15, 2023.
On March 12, 2024, the Hai Duong authorities received a document from Dai Son Company proposing to donate all assets, including illegally constructed buildings, to the hospital for management and use.
Source: https://kinhtedothi.vn/khong-du-co-so-de-cong-ty-dai-son-cho-tang-cong-trinh-vi-pham.html
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