A series of violations related to construction order at Ho Chi Minh City High-Tech Park

On August 15, the Ho Chi Minh City Inspectorate has just announced Inspection Conclusion No. 102/TB-TTTP-P5 on compliance with legal regulations at the Management Board of Ho Chi Minh City High-Tech Park, from 2018 to 2020.

According to the inspection conclusion, the Management Board of Ho Chi Minh City High-Tech Park has prepared a dossier to locally adjust the detailed planning 1/2,000 phase I and phase II of the High-Tech Park, with some contents inconsistent with the general planning approved by competent authorities.

Real Estate - A series of violations related to construction order at Ho Chi Minh City High-Tech Park — *The Management Board of Ho Chi Minh City High-Tech Park has many shortcomings and violations related to construction order, land leasing, and financial management.*

Specifically, the scale of adjustment of trees and water surfaces cannot be shown in the local adjustment dossier; a suitable landscape architecture space has not been created, consistent with the nature and function of the High-Tech Park.

The repeated local adjustments to attract investment in a short period of time affect the Management Board's control of the overall synchronization of the general planning and zoning planning in the High-Tech Park.

The Management Board of the High-Tech Park has not managed construction order according to planning and after granting construction permits for some project and construction investors closely and promptly, leading to illegal construction that is slow to be corrected (Jabil Vietnam Factory, Vietjet Aviation Technology Center, Dien Quang High-Tech Company Limited, Saigon Industry Corporation Limited).

The Management Board of Ho Chi Minh City High-Tech Park leased land inconsistent with the construction planning approved by competent State agencies for 7 projects that were still in effect at the time of inspection.

The projects include: Project of Experimental Analysis Center and Office of Vietnam Petroleum Institute in Ho Chi Minh City; Project of investment in construction of Millennium Park; Project of Research and production of lighting equipment, super bright LED chips and high-tech electronic equipment; Project of Hai Nam Monitoring and Control System; Project of Factory producing electrical equipment for smart homes and civil electricity; Project of investment in construction of supermarkets, restaurants, kindergartens in the High-Tech Park and project of clean energy bus route in the High-Tech Park.

The inspector also determined that the signing of a land lease contract with one-time payment for the entire lease period was not for the right subjects and was not in accordance with the legal regulations.

In the management and use of finance and expenses, the Management Board has collected 29,157 billion VND, spent 17,264 billion VND on security and order fees; allowed the Project Management Board to deduct the following rates: 10% of the collected fees for maintenance and repair of infrastructure works and public utilities, amounting to 14,619 billion VND, 5% of the total regular costs of wastewater treatment activities, amounting to 1,179 billion VND as management costs of the Project Management Board, but has not promptly reported to the HCM City People's Committee for approval, which does not ensure the legal basis for collection and expenditure.

The Management Board of the High-Tech Park has not yet strictly enforced sanctions when signing contracts, leading to investors still having bad debts and not paying VND 41,664 billion (including: Maintenance fees for infrastructure works and public utilities of VND 32,617 billion and security fees of VND 9,047 billion); lack of regular inspections, failure to promptly detect and account for the provision of the 2020 Wastewater Treatment Plant reserve fund of VND 2,293 billion of the Project Management Board.

From the violations that have been pointed out, the Chief Inspector of Ho Chi Minh City has made recommendations and has been basically agreed upon and directed by Chairman of Ho Chi Minh City People's Committee Phan Van Mai to handle them.

Regarding administrative handling, the Head of the SHTP Management Board is assigned to review responsibilities, handle according to authority, and properly decentralize the collectives and individuals with the shortcomings, defects, and violations mentioned above.

Regarding economic handling, the SHTP Management Board is assigned to urgently collect land rent, recover fees, rectify violations in land leasing, land use, etc.

The City People's Committee assigned the Director of the Department of Natural Resources and Environment to receive the dossiers, preside over and coordinate with the Department of Planning and Investment, and the Department of Finance to inspect and clarify 28 investment projects using land but not subject to investment incentives that have been leased land by the SHTP Management Board without auctioning land use rights with a total area of over 1.4 million m2.

In case there are signs of criminal violations causing damage to the state, the City Inspectorate shall transfer the procedure to the investigation agency for handling according to the provisions of law.

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