Entangled in the case of illegal "huge" villas in Ca Mau

As reported by Kinh te & Do thi newspaper, the villa owned by Mr. Ho An Tap was built without permission on a 3,564m2 plot of land (agricultural and aquatic), located on Quan Lo Phung Hiep, passing through Tan Thanh commune, Ca Mau city. At the end of 2022, when his villa was about to be completed, Mr. Ho An Tap filmed and live-streamed images of the villa on social media, claiming that it was "the most beautiful building in Ca Mau." Immediately after that, the People's Committee of Ca Mau city discovered and imposed an administrative fine of 22.5 million VND, forcing the restoration of the original land status (demolition of the villa).

The villa owner does not have enough money to pay for land use conversion.

According to Mr. Ho An Tap, on April 12, 2024, the People's Committee of Ca Mau City issued Decision No. 195/QD-UBND allowing him to change the land use purpose from aquaculture land to rural residential land, area 583.20 m2, plots 672 and 673, map sheet 1, in Tan Thanh commune, Ca Mau City. After the decision was made, he and his wife submitted documents and completed procedures to change the land use purpose. However, the Department of Natural Resources and Environment (TN&MT) of Ca Mau City did not agree, but required Mr. Tap to change more than 2,260 m2 of the villa area to residential land.

According to the report dated May 24, 2024 of the Department of Natural Resources and Environment of Ca Mau City, Mr. Tap requested to change the land use purpose with an area of 583.20 m2. After the change, he will carry out the procedure to record the property on the Land Use Rights Certificate to increase the value of the property to borrow capital from the bank. When completing the procedures, he will continue to change the land use purpose of the remaining 1,678.38 m2 before October 2024. The remaining area of 1,303.22 m2 is not in accordance with the planning and land use plan, so it is required to restore the original state. Mr. Tap said that there are many ornamental plants on the land that will easily die when moved in the dry season, so he requested to move and restore the original state of the land before the violation before October 2024. However, the Department of Natural Resources and Environment did not agree, but requested to transfer the full area according to Decision 7309/QD-SDBSHB dated November 15, 2023.

On May 29, 2024, Mr. Ho An Tap submitted a petition to the leaders of the province and Ca Mau City to change the purpose of 583.20m2 according to Decision No. 195/QD-UBND dated April 12, 2024 of the People's Committee of Ca Mau City (which was revoked 3 days later), on the grounds that he was not capable.

According to the petition and recent press exchanges, the owner of the villa considered the most beautiful in Ca Mau said that he had sent a petition to the leaders stating that the Department of Natural Resources and Environment of Ca Mau City did not convert 583.20m2 (about 3 billion VND) which was contrary to Decision No. 195 and that Mr. Tap himself did not have the ability. "My financial capacity is limited, so I cannot convert the land use purpose 100% of nearly 10 billion VND" - Mr. Ho An Tap added.

Failure to dismantle will result in enforcement and forced remediation.

In response to Mr. Ho An Tap's request, the People's Committee of Ca Mau City stated that the specialized agency had not yet implemented Decision No. 195/QD-UBND dated April 12, 2024 of the People's Committee of Ca Mau City to Mr. Tap and the People's Committee of Ca Mau City had revoked and canceled this decision. Therefore, Mr. Tap's request to be implemented according to Decision No. 195/QD-UBND dated April 12, 2024 is unfounded, because the decision had not yet been implemented by the competent authority to Mr. Ho An Tap, but had been revoked and canceled.

Panoramic view of the villa on aquaculture land (Hoang Nam)

Also according to the People's Committee of Ca Mau City, the specialized agency explained and requested Mr. Ho An Tap to comply with Decision No. 7309/QD-SDBSHB dated November 15, 2023, with the area required to carry out land procedures being 2,261.58 m2. In case of non-compliance, the land must be restored to its original state before the violation. In particular, it is recommended to restore the original state of the land before the violation for the area of 1,303.22 m2 (the area that is not in accordance with the planning and land use plan of Ca Mau City).

The People's Committee of Ca Mau City requests Mr. Ho An Tap to strictly comply with Decision No. 7309/QD-SDBSHB with the area required to carry out land procedures of 2,261.58 m2 (the area is consistent with the land use plan of Ca Mau City) and promptly restore the original state of the land before the violation for the area of 1,303.222 m2. In case Mr. Ho An Tap does not implement or does not properly implement Decision No. 7309/QD-SDBSHB with the area required to carry out land procedures of 2,261.58 m2, the People's Committee of Ca Mau City will take the next steps to enforce and force the implementation of remedial measures for the above violations. According to the decision, all costs of enforcement must be paid by the owner of the "most beautiful building in Ca Mau" without permission.

Source: https://kinhtedothi.vn/vuong-mac-vu-biet-thu-khung-khong-phep-o-ca-mau.html