The City Inspectorate concluded that the construction permit for the Khoi Thanh housing project (commercial name Paris Hoang Kim) still has shortcomings - Photo: NGOC HIEN
Khoi Thanh housing project, with the commercial name Paris Hoang Kim, was built on a land area of 7,079 m2 in Binh Khanh ward, District 2 (now An Khanh ward, Thu Duc city).
The scale of the project includes a commercial - service apartment complex, 26-storey office, 412 apartments and garden townhouses. The project is invested by Khoi Thanh Construction and Housing Trading Company Limited, and has been put into use.
Applying expired documents to arrange the number of apartments
Inspection conclusion No. 326 stated that during the project implementation from 2019-2022, the Ho Chi Minh City Department of Construction basically fulfilled all assigned tasks. The investor also complied with construction laws and fulfilled financial obligations as required by state agencies.
However, there are still shortcomings, limitations and deficiencies in this project.
Specifically, the Department of Construction has based on the appraisal results of the Department of Construction Management to grant a construction permit to increase the construction land area by more than 123m², increase the floor area of floors with commercial - service, office, public utility, technical use functions by more than 913m² and increase the basement parking area by more than 14,230m².
This leads to a change compared to the approved planning criteria, no longer having the function of above-ground parking and reducing the floor area to about 913.62m², which is not guaranteed according to the 2014 Construction Law.
Notably, the City Inspectorate pointed out that the Department of Construction's application of the "expired" guidance document of the Ministry of Construction to consider the arrangement of the number of apartments did not have sufficient legal basis. However, the City Inspectorate said that it had not yet determined whether there would be any consequences.
In addition, this department has not proactively advised the City People's Committee to prescribe methods for determining population in apartment buildings and mixed-use apartment buildings according to regulations when there are inadequacies and inconsistencies in practice.
There is not enough basis to determine "intentional violation"
According to the inspection conclusion, during the project implementation process, there were citizen complaints that the Department of Construction issued a permit for underground construction of the project without the competent State agency approving the detailed construction plan.
The inspection conclusion determined that "this actually happened". However, there is not enough basis to determine that the Department of Construction "intentionally violated the provisions of the law" because the underground planning still has problems and inadequacies in legal regulations.
The Department of Construction should have returned the documents for the investor to supplement appropriately, but instead based on the appraisal results of the Department of Construction Management to grant the license. This is not in accordance with the provisions of the 2014 Construction Law and Circular No. 15 of the Ministry of Construction guiding the granting of construction permits.
"The main responsibility belongs to the construction licensing staff department of the Department of Construction, the leader of the Department of Construction is assigned to be in charge of the relevant period. The Director of the Department of Construction in the relevant period is responsible as the head," the inspection conclusion stated.
In addition, the inspection agreement also pointed out that the Department of Natural Resources and Environment of Ho Chi Minh City had implemented the conclusions of the Central agencies in fulfilling financial obligations at the project but was slow, affecting the collection of the State budget.
The People's Committee of District 2 (now Thu Duc City People's Committee) and the People's Committee of Binh Khanh Ward (now An Khanh Ward, Thu Duc City) organized to collect opinions from the community in an incorrect form, and the time for collecting opinions was not guaranteed. The implementation was not in accordance with the provisions of the Law on Urban Planning.
Review with relevant groups and individuals
The City Inspectorate recommends that the Chairman of the City People's Committee give instructions and assign the Department of Construction to organize a review of relevant collectives and individuals under its management authority and take measures to rectify and overcome the shortcomings, limitations and shortcomings in the construction permit issuance work mentioned above.
At the same time, assign the Director of the Department of Construction to determine the social housing obligations, if any, of Khoi Thanh Company for the Khoi Thanh apartment project.
The Department of Construction shall preside over and coordinate with the Department of Natural Resources and Environment, the City Tax Department, the Department of Finance, etc., based on relevant land and housing laws, to advise the City People's Committee on handling the case at the Khoi Thanh housing project and other cases with similar legal status regarding the implementation of social housing obligations.
The Department of Natural Resources and Environment urgently coordinates with the City Tax Department and relevant agencies to have a plan to collect land use fees for the area that has not fulfilled financial obligations according to the conclusion of the Ministry of Finance's Inspection Team at the project in accordance with legal regulations...
According to the City Inspectorate, as of December 2022, Khoi Thanh Company has fulfilled its financial obligations with a total amount of about 60 billion VND for an area of more than 4,280m². Of which, the land use fee paid is about 2.78 billion VND, the land price is 716,800 VND/m² divided into 2 installments in 2006 and 2012.
In addition, the additional financial obligation paid when adjusting the planning is 57.13 billion VND in 2022.
Source: https://tuoitre.vn/nhieu-thieu-sot-trong-cap-phep-xay-dung-chung-cu-khoi-thanh-paris-hoang-kim-o-thu-thiem-20240904200654394.htm
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