Unapproved proposal, school builds fence encroaching on sidewalk, people upset

Residents of Me Tro area in Tan An ward (Dak Lak) reported that Phu Xuan Primary, Secondary and High School in this ward rebuilt the fence with signs of encroaching on the sidewalk from 0.5m to 1m, affecting the landscape and common interests.

Phu Xuan Primary, Secondary and High School is under construction and the fence has encroached on the sidewalk by a meter - Photo: TRUNG TAN

On October 2, Mr. Chu Van Viet - Vice Chairman of Tan An Ward People's Committee - said that the ward had inspected and requested Phu Xuan Primary, Secondary and High School (abbreviated as Phu Xuan School) to stop encroaching on the sidewalk. The school must coordinate with specialized agencies to re-determine the boundary and construction boundaries.

People say the school built a fence encroaching on the sidewalk.

Phu Xuan School is repairing and upgrading many items, including the fence surrounding the four sides of Nguyen Huu Tho, Ton Duc Thang, Nguyen Thuong Hien and Van Tien Dung streets. Three sides have been completed, with some sections encroaching on the sidewalk by 0.8m - 1m. The fence on Nguyen Thuong Hien Street was being prepared for construction but was asked to stop.

A resident on Nguyen Thuong Hien Street said that when they bought their house, they were told that both the road and sidewalks on both sides were 16 meters wide. The school moved the fence nearly 1 meter from the existing sidewalk, causing the sidewalk to shrink.

"The school said it was built according to planning, but in reality it encroached on the current sidewalk, affecting the landscape and residents' rights," people were upset.

People are upset that if the school encroaches on the sidewalk by 0.8m - 1m, it will affect the rights of the residential area.

According to the inspection report dated April 4, 2025 of the Department of Construction of Dak Lak province, on Nguyen Huu Tho street, the school built a 93m fence, 9.54m from the center of the road.

On Van Tien Dung Street, the 45m long foundation is located 9m from the center of the road and is now completed. Nguyen Thuong Hien Street still has the old wall but the school is preparing to build a new one.

The inspection team determined that the school's land boundary has not yet been accurately determined compared to the red line of the surrounding routes, so it cannot be confirmed whether the fence is built in accordance with regulations or not.

The Department of Construction has requested the investor to work with the land management agency to extract the diagram, determine the boundary, set up field markers and obtain a land use right certificate. Only then will the parties have the basis to accurately determine the location of the fence in relation to the land boundary and the red line.

However, up to now this request has not been implemented by the enterprise, while the school continues to complete the fence project.

The school is "recessed" so it has to "stick out" to make up enough space?

Speaking to reporters, Ms. Truong Thi Tuyet Mai - Deputy Director of Phu Xuan Construction Company Limited - admitted that the school had built onto the sidewalk of Van Tien Dung Street and planned to do the same on Nguyen Thuong Hien Street.

Ms. Truong Thi Tuyet Mai - Deputy Director and Mr. Truong Quang Luu - Chairman of the Board of Directors of Phu Xuan Construction Company Limited - talked about the arbitrary "land swap" between the roads around the school during construction.

According to her, in 2002, the Dak Lak Provincial People's Committee assigned Phu Xuan Construction Company Limited 28,370 square meters of land to build the school. However, after expanding the surrounding roads, the actual land boundary was different from the land use right certificate.

Before building the fence, on March 19, 2024, the company proposed to reduce 243m² of land on Ton Duc Thang street to synchronize the 5m sidewalk (instead of 6m as originally planned). At the same time, it proposed to adjust the sidewalk of Van Tien Dung street from 6.8m to 4.5m, the reduced area of ​​about 235m² will be added back to the project land.

"We hired an independent measuring unit and invited the Department of Construction Inspectorate to inspect. I have sent the adjustment documents twice but they have not been resolved, so we are forced to implement them as proposed to avoid delays," said Ms. Mai.

Nguyen Thuong Hien Street is being staked to build a fence, currently requiring a temporary stop.

Mr. Truong Quang Luu - Chairman of the Board of Directors of the company - said that if the old land boundary was kept, the sidewalk on Ton Duc Thang Street would be crooked and inconsistent. "Therefore, the school proactively moved inwards on this route and encroached on other routes to ensure the area according to the certificate," Mr. Luu said.

The proposal has not been approved yet. If it is wrong, it will be handled according to regulations.

Vice Chairman of Tan An Ward People's Committee Chu Van Viet said that the school's land boundary adjustment file has not been approved. The school's use of the excuse of "following the planning" to arbitrarily adjust the fence boundary is not in accordance with regulations.

Therefore, during the inspection, if the school arbitrarily builds a fence encroaching on the existing sidewalk, it will be handled according to land and construction laws. "The point of view is to ensure compliance with planning, maintain the common interests of the community and the urban landscape," said Mr. Viet.

CENTER

Source: https://tuoitre.vn/de-xuat-chua-duoc-phe-duyet-truong-hoc-xay-tuong-rao-lan-via-he-dan-buc-xuc-20251002150047603.htm