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There is not enough basis for Dai Son company to donate illegal construction works.

Việt NamViệt Nam25/11/2024


According to the document of the People's Committee of Hai Duong province, after reviewing Report No. 4627/STC-QLGCS dated November 13, 2024 of the Department of Finance on resolving the proposal to donate assets and establish full ownership of assets at the Provincial Hospital of Traditional Medicine; including the proposal not to receive assets and establish full ownership of assets proposed to be donated by Dai Son One Member Co., Ltd. (Dai Son Company).

Because in terms of the legality of the donated assets, all of the assets that Dai Son Company proposed to donate to the Hospital were illegally established and constructed, so they are not legal; in terms of the legal ownership of the assets of the donor, there is not enough basis to determine that the assets that Dai Son Company proposed to donate to the Hospital are legally owned by Dai Son Company.

Authorities determined that this illegal construction was not legal and therefore not valid. Photo: Minh Phong.
Authorities determined that this illegal construction was not legal and therefore not valid. Photo: Minh Phong.

The Chairman of the Provincial People's Committee directed the Hai Duong City People's Committee, departments, branches, People's Committee Office, Inspectorate, Health , Finance, Natural Resources and Environment, Construction, Justice; Provincial Police; Chairman of the Hai Duong City People's Committee; Director of the Provincial Traditional Medicine Hospital to focus on urging and supervising. Dai Son Company must self-dismantle the violating construction before December 31, 2024 (if Dai Son One Member Co., Ltd. does not self-dismantle the violating construction, the Hai Duong City People's Committee will organize the implementation in accordance with regulations); focus on thoroughly handling violations at the Provincial Traditional Medicine Hospital in accordance with the law (completed before January 15, 2025).

The Department of Natural Resources and Environment is assigned to guide and support the Hospital in completing land change registration procedures in accordance with the provisions of law.

Assign the Provincial Police to proactively grasp the situation, promptly detect and handle violations in accordance with the provisions of law (if any).

Dai Son Company's illegal construction must be resolved before January 15, 2025. Photo: Vinh Quan
Dai Son Company's illegal construction must be resolved before January 15, 2025. Photo: Vinh Quan

During the implementation process, if any problems arise, report to the Provincial People's Committee for instructions.

Previously, Kinh te va Do thi Newspaper had a series of articles reflecting on Dai Son Company's proposal to donate to Hai Duong Traditional Medicine Hospital all assets of illegal construction works that the Company had built on the Hospital's land area.

According to a recent report by the Department of Natural Resources and Environment of Hai Duong, after being assigned by the Provincial People's Committee to advise on handling the content of Dai Son Company's request to donate to Hai Duong Traditional Medicine Hospital all assets of illegal construction works that the Company had built on the Hospital's land area; the Department sent an official dispatch to relevant departments and branches requesting their opinions on the above content.

In the response document, the Traditional Medicine Hospital and the Department of Health agreed to receive the assets to serve medical examination and treatment when the competent authority confirmed that they were legal and in accordance with the law.

The Department of Transport and the Department of Finance have not yet expressed a specific opinion. However, the Department of Finance cited Decree 29/2018/ND-CP, stating that the Traditional Medicine Hospital "is responsible for determining the appropriateness of receiving transferred assets based on legal regulations (determining the appropriateness of the need for use and legal regulations in the field of land management, urban management, construction planning, construction quality management, etc.) and must be responsible for that determination".

The Department of Justice and the Department of Planning and Investment clearly affirmed their viewpoint that "received assets must be legal assets".

The Department of Construction and the Provincial Inspectorate have the same opinion of not accepting the proposal of Dai Son Company, requesting the urgent demolition of the violating construction, ensuring strict implementation of legal regulations and directions of the Provincial Party Committee and Provincial People's Committee.

Previously, as reported, Dai Son Company built illegal constructions such as karaoke bars, restaurants, and coffee shops on land managed by Hai Duong Traditional Medicine Hospital.

On November 8, 2023, the People's Committee of Hai Duong City issued a decision to enforce remedial measures against the violating constructions of Dai Son Company, requiring the enterprise to demolish the violating constructions in the Hospital area before December 15, 2023.

On March 12, 2024, Hai Duong authorities received a document from Dai Son Company requesting to donate all assets, including illegal construction works, to the Hospital for management and use...

Source: https://kinhtedothi.vn/khong-du-co-so-de-cong-ty-dai-son-cho-tang-cong-trinh-vi-pham.html


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