Tired of waiting for successful auction property delivery
Mr. Truong Thanh Phong, General Director of Vi Dat Mining and Minerals Joint Stock Company (Vi Dat Company) said that 8 years ago, he paid over 2.3 billion VND to auction land and assets on land in Dong Hoa district (now Dong Hoa town, Phu Yen) to serve the expansion of production and business.
This is the property that the Civil Judgment Enforcement Department of Phu Yen province organized an auction in 2014. The land (and property attached to the land) has an area of over 17,500 m2, including an office building and warehouse, in Hoa Thanh commune, which was originally the property of Phu Yen Agricultural and Aquatic Products Industry Joint Stock Company mortgaged at the bank. Because this enterprise failed to pay the debt of nearly 950 million VND, the bank sued it in court.
In 2013, the People's Court of Phu Yen province issued a verdict that the company had to pay the debt to the bank, otherwise the assets would be auctioned. However, the company later failed to pay the debt, and the provincial Civil Judgment Enforcement Department seized and auctioned the assets.
As a local enterprise, and in need of expanding its production area, Vi Dat Company participated in this public auction. Vi Dat successfully auctioned the land use rights and assets attached to the land for more than 2.3 billion VND and was recorded in the minutes. The company has paid the full amount.
In 2015, the People's Committee of Phu Yen province decided to lease land and grant a Land Use Right Certificate to Vi Dat Company, with an area of 17,500 m2. At the same time, the People's Committee of the province also decided to reclaim land from Phu Yen Agricultural and Aquatic Industry Joint Stock Company and announced that it would enforce the land if the above enterprise did not hand over the land and assets attached to the land after 30 days.
However, up to now, Vi Dat Company has not been handed over the above land and assets.
Waiting for court decision
According to the conclusion of the authorities of Phu Yen province, Phu Yen Agricultural and Aquatic Products Industry Joint Stock Company's land use term has expired and has not been extended; it is eligible for land recovery, no compensation for land, assets on land and no refund of investment costs on land.
However, Vi Dat Company said that the reason why the company has not received the land and assets attached to the land after 8 years of successful auction is due to Decision 2185 of Phu Yen Provincial People's Committee leasing the land to Vi Dat Company in 2015 while not yet reclaiming the land from Phu Yen Agricultural and Aquatic Industry Joint Stock Company. In addition, the province has not yet handled the remaining assets on the land but has organized an auction.
The authorities then proposed to revoke and cancel Decision 2185 and the red book issued to Vi Dat Company; at the same time, instruct the company to complete procedures to continue leasing land and using the land for the right purpose.
Talk to PV. VietNamNet , Ms. Vo Thi Tam, Chief of Office of the People's Council and People's Committee of Dong Hoa town, said that the locality has received the petition from Vi Dat Company, but is still waiting for processing.
According to Ms. Tam, the case has been handled by the People's Court of Dong Hoa town, so the locality must wait for the court's decision on the official bankruptcy of Phu Yen Agricultural and Aquatic Products Industry Joint Stock Company. At that time, the People's Committee of the town will carry out the procedures to hand over the assets on the successfully auctioned land to Vi Dat Company.
Vi Dat Company also sent many petitions to local authorities requesting a solution, but so far there is still no specific plan and must wait for the verdict of Dong Hoa Town People's Court.
The prolonged settlement period has put this business in a difficult situation, with the assets successfully purchased at auction not being put into use for nearly ten years.
Source
Comment (0)