Why has the illegal construction at Hai Duong Traditional Medicine Hospital not been enforced?

Enterprises delay dismantling illegal constructions

Hai Duong Traditional Medicine Hospital was assigned by the State without collecting land use fees since 1968, and was granted a land use right certificate in 2001 for 24,409.4m2. During the process of use, the State partially reclaimed the land to build Thanh Nien Street and Yet Kieu Street, so the remaining area is 16,161m2 (including about 4,000m2 of lotus pond).

In late 2011 and early 2012, this hospital submitted a request to the Hai Duong Provincial People's Committee for permission to build and add a number of construction items to better serve the people's medical examination and treatment needs. This request was approved by the Provincial People's Committee with the requirement to use the land for the right purpose, and if joint venture capital is used, the implementation time shall not exceed 2020.

Hai Duong Traditional Medicine Hospital.

However, in reality, thousands of square meters of land assigned by the Provincial People's Committee, Hai Duong Traditional Medicine Hospital has cut and leased to many organizations and individuals, not related to the medical field, and built many projects in violation of state regulations on land management.

These violations were pointed out by the Department of Natural Resources and Environment (DONRE) of Hai Duong province in the inspection conclusion from 2016.

Specifically, in 2011, Hai Duong Traditional Medicine Hospital signed a business cooperation contract with Dai Son LLC before the Hai Duong Provincial People's Committee agreed in principle. The contract contained contents that were not in accordance with the regulations and instructions of the Hai Duong Provincial People's Committee.

Some illegal constructions at the location adjacent to Thanh Nien Street have been dismantled.

In April 2016, Dai Son LLC and Hai Duong Traditional Medicine Hospital signed a new business cooperation contract with a term of 15 years. However, the content of the business cooperation contract did not clearly state the cooperation for physical therapy business, with a term of 15 years (until 2026), longer than the term allowed by Hai Duong Provincial People's Committee; the physical therapy facility was not used for its intended purpose but for service business; the regulating lake was not built but used as a car parking lot; Dai Son LLC used 200m2 to build 12 kiosks not included in the construction permit, violating the road corridor.

When the violations were pointed out, the correction of the violations was very slow. In March 2023, after the Steering Committee for Anti-Corruption and Negativity of Hai Duong province and related departments and branches got involved in verifying and giving specific instructions.

By August 31, 2023, Hai Duong Traditional Medicine Hospital had terminated the contract with 9 individuals and businesses renting the location adjacent to the sidewalk of Thanh Nien Street. These units complied and dismantled the kiosks and rebuilt the hospital's surrounding wall.

The restaurant, located on land managed by Hai Duong Traditional Medicine Hospital, still stands despite repeated requests by local authorities to demolish it.

Why has the government not enforced it yet?

On August 31, 2023, Hai Duong City People's Committee issued Decision No. 2931 on forcing Dai Son One Member Co., Ltd. to take remedial measures.

In particular, the Company is required to demolish all violating constructions; the deadline for implementing remedial measures is 15 days, starting from September 1, 2023. If the Company does not demolish them, from October 11 to 20, 2023, the People's Committee of Hai Duong City will organize the forced demolition of the violating constructions.

In December 2023, due to the procrastination of Dai Son LLC, the Hai Duong City People's Committee issued an order to enforce the demolition of the violating constructions against this unit. However, Dai Son LLC continued to request an extension to voluntarily dismantle until February 29, 2024.

A series of illegal constructions on the land of Hai Duong Traditional Medicine Hospital.

Up to now, March 2024, according to the records of Giao thong Newspaper reporters, Dai Son LLC has not yet carried out the relocation of assets and demolition of constructions on the violating land area. Coffee shops and restaurants are still bustling with customers coming and going.

Regarding the above incident, speaking with Giao Thong Newspaper reporter, Mr. Tang Van Quan, Vice Chairman of Hai Duong City People's Committee said: "On February 20, the City People's Committee worked with the enterprise, requesting to cut off electricity and water. However, they continued to submit a request to voluntarily comply with the demolition of all illegal constructions until March 20. They have started the demolition since yesterday afternoon, and the city is currently monitoring."

"It's best if they voluntarily dismantle the violations. If we carry out enforcement, inventorying the assets will take a lot of time," said Mr. Quan.

Source: https://www.baogiaothong.vn/vi-sao-chua-cuong-che-cong-trinh-vi-pham-tai-benh-vien-y-hoc-co-truyen-hai-duong-192240301230817963.htm