According to information from the Office of the People's Committee of Chi Linh City (Hai Duong), the Chairman of the People's Committee of Chi Linh City has issued a decision to force the implementation of remedial measures against AAV Group Joint Stock Company (located at Viet Tien Son building, residential area east of Yet Kieu Street, Cong Hoa Ward, Chi Linh City). This is the investor assigned to implement the residential area project east of Tran Hung Dao Street (Sao Do Ward, Chi Linh City).
This project has a scale of nearly 9 hectares, approved by the People's Committee of Hai Duong province for detailed construction planning at a scale of 1/500 in 2017, and approved for adjustment in 2021. During the time when the procedures were not completed according to regulations, in March 2020, AAV Group Joint Stock Company carried out construction activities at the project, took out a part of the volume of soil and rock and was discovered by the People's Committee of Sao Do Ward, requiring the construction to stop.
According to the decision to force remediation, AAV Group Joint Stock Company must pay back more than 12.1 billion VND (equal to the value of minerals obtained from administrative violations in the field of water and mineral resources). The time limit for implementing remedial measures is 10 days from the date of receipt of the decision.
Overall planning of residential area project east of Tran Hung Dao street (Sao Do ward, Chi Linh city)
Applying remedial measures and not issuing a decision to sanction the company's violation due to the expiration of the statute of limitations for issuing a decision to sanction, as prescribed in Point c, Clause 1, Article 65 of the Law on Handling of Administrative Violations (amended and supplemented in 2020).
The Law on Handling of Administrative Violations stipulates that the statute of limitations for administrative sanctions for violations in the mineral sector is 2 years from the date of termination of the violation (or 2 years from the date of discovery of the violation for violations in progress). After this period, no decision on administrative sanctions will be issued.
According to the verification results of the People's Committee of Chi Linh City, the act of exploiting and transporting minerals out of the country by AAV Group Joint Stock Company was discovered and terminated in March 2020. Therefore, the statute of limitations for punishment has now expired.
Will review responsibility in reporting and handling violations
On January 16, in response to a Thanh Nien Newspaper reporter's question about why a decision to sanction administrative violations was not issued immediately upon discovery, an official from the Chi Linh City People's Committee said: "According to the conclusion of the Government Inspectorate regarding this project, the Inspectorate requested the Chi Linh City People's Committee to do two things. The first is to review the responsibilities of leaders and officials at ward and city levels related to this project at the time of the violation. Because of the untimely reporting and handling, the consequence was that a decision to sanction administrative violations could not be issued. The second is to force the investor to take remedial measures, recover the money, and pay it to the state budget because the enterprise brought minerals (soil, rock) outside the scope of the project."
The residential area project on the east side of Tran Hung Dao Street has been stopped for many years due to incomplete procedures according to regulations.
This officer added that the review of the responsibilities of leaders and officers during the period of violations of AAV Group Joint Stock Company will be conducted in January 2024.
Regarding the basis for assessing the damage caused by the investor, an official from the People's Committee of Chi Linh City said that the Department of Natural Resources and Environment of Hai Duong Province was the unit that determined the mineral composition that the enterprise had transferred out. Next, the joint departments of the Department of Finance and the Department of Construction studied the price of materials at the time of the violation to calculate the amount of money that must be recovered.
Up to now, according to Thanh Nien reporters, the residential project area east of Tran Hung Dao Street has stopped construction. The entrance to the project is fenced with metal sheets and locked, inside, weeds and reeds grow wildly.
Inside the project is still messy, reeds and grass grow wildly.
The bottleneck in the project up to this point is determined to be due to problems in site clearance when compensation for some households whose land is subject to acquisition has not been resolved. According to the government, when AAV Group JSC has completed remedial measures, completed legal procedures as prescribed and there are no more problems with site clearance, the project will be continued by the investor.
It is known that AAV Group Joint Stock Company, formerly Viet Tien Son Real Estate Joint Stock Company, specializes in implementing construction investment projects and real estate business in Hai Duong province and many localities across the country.
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