Strengthening urban construction order management

Dien Bien Phu City is in a period of strong urban development, so the demand for construction of buildings and housing is increasing.

Continuously detected violations

At the end of October, the authorities of Dien Bien Phu City coordinated with the People's Committee of Thanh Binh Ward and representatives of Residential Group 1 to inspect the current situation and make a record to prevent violations of construction order for Mr. PVT's family. It is known that Mr. T's family has a land area under a lease contract with the People's Committee of Thanh Binh Ward for business purposes. During the operation, Mr. T. arbitrarily expanded and built a corrugated iron roof house on an area of ^{​​504.1m2} without permission.

Upon inspection, the authorities determined that this was part of a planned project and Mr. T's actions were illegal, so they stopped him and asked the family to dismantle the project.

Mr. T. shared: “Because I did not understand the legal regulations, I thought that once the land was rented, I was allowed to build structures to serve my business needs. After listening to the explanation, I understood that my actions were in violation of the law. Therefore, I committed to dismantling the structures and restoring the land to its current state. In the immediate future, I hope that the authorities and local government will consider and create favorable conditions for my family to do business while waiting for the project.”

Another more complicated case of construction order violation, which required the application of coercive measures, is the family of Mr. D.TT, residential group 3, Muong Thanh ward. On July 11, 2024, the People's Committee of Dien Bien Phu City issued Decision No. 04/QD-XPHC on administrative sanctions against Mr. D.TT for encroaching on 475.7 ^{square meters of} non-agricultural land in urban areas. On this land, Mr. D.TT built a level 4 house, a temporary shelter and cultivated trees and crops.

The authorities determined that the encroached area had been recovered by the People's Committee of Lai Chau province (now Dien Bien province) according to Decision No. 559/QD-UB, dated May 12, 2003, and in 2007, Him Lam Cooperative handed over the land to the Lai Chau Provincial Construction Project Management Board for use in the construction of dams, embankments and infrastructure for the Nam Rom riverside park. According to the decision, Mr. D.TT was fined 30 million VND and had to take remedial measures such as demolishing the construction, trees and crops, moving assets on the land and renovating and restoring the land to the same level as the original plot of land before the violation.

However, Mr. D.TT only agreed to dismantle the assets and structures on the land, and did not agree to hand over the site, so the City People's Committee had to enforce, demolish the construction, clear the remaining trees on the land, and hand it over to the Muong Thanh Ward People's Committee for management according to regulations.

The authorities announced the decision to enforce against Mr. D.TT's family, residential group 3, Muong Thanh ward.

Prevent from the beginning

As the political, cultural and social center of the province, Dien Bien Phu City has a large population and high demand for housing, which leads to the complicated situation of violations of construction order. According to the assessment of the authorities, the violations of the people are mainly: Using land for the wrong purpose; organizing construction without a license, construction beyond the license, not in accordance with the approved planning...

Mr. Nguyen Kim Lan, Head of the City Urban Order Management Team, said: “Preventing violations is difficult because violators often choose days off, weekends or do it secretly at night. Most of the illegal construction cases are households with housing difficulties, and the construction works are the only place of residence or production, so the demolition process is also complicated. Meanwhile, there are many planning projects in the area but they have not been implemented or are slow to be implemented, leading to certain impacts on people's lives and production needs, while also causing difficulties for management work.”

Authorities enforce a case of construction order violation in the city.

With the determination to prevent and handle violations from the very beginning, minimize violations and correct violations, and bring construction activities in the area into order, the city has issued many directives in the past. The focus is on tightening inspection and handling to promptly detect and prevent signs or related violations. The functional forces and the People's Committees of communes and wards have done a good job of coordinating in inspecting and supervising construction activities.

With that policy, construction works in the area are inspected and supervised from the start of construction until completion and putting into use (except for state secret works and national defense and security works). Thereby, administrative violations are detected and prevented promptly from the beginning, minimizing the organization of enforcement.

For example, in Thanh Minh commune, the People's Committee of the commune has established a team to inspect land management and construction order. The team members include commune professional officials, representatives of 12/12 residential groups and villages in the area. The main task of the team is to maintain regular and continuous inspection activities in the area; cross-patrol or patrol in parallel with the city's functional forces. From there, cases with signs of violations can be promptly detected to prevent and handle.

According to statistics from the beginning of the year until now, the Urban Order Management Team of Dien Bien Phu City has coordinated with functional forces and the People's Committees of communes and wards to inspect 265 cases. Of which, 250 cases were built in accordance with the granted permits; functional forces made records of current status inspection, promptly prevented 12 cases; coordinated with the People's Committees of wards to make records of administrative violations in 2 cases. In addition, through inspection of 26 other cases, records of current status inspection were made, 23 cases of land management and use violations were prevented; and records of administrative violations in 3 cases were made.

Source: https://baodienbienphu.com.vn/tin-tuc/kinh-te/219912/tang-cuong-quan-ly-trat-tu-xay-dung-do-thi