According to the document, Dai Thuan Phat Trading Company Limited (Dai Thuan Phat Company) filed a lawsuit, requesting the People's Court (TAND) to annul Decision No. 509/QD-UBND dated March 20, 2025 of the People's Committee of Ham Tan district on approving the compensation, support and resettlement plan (BTHT-TDC) to implement the Son My I Industrial Park (IP) Project. Compel the People's Committee of Ham Tan district and the People's Committee of Binh Thuan province (old) to properly perform their duties and public duties according to the provisions of law.
Specifically: Organize to review and recalculate the entire compensation and resettlement plan for Dai Thuan Phat Company; ensure full compliance with the provisions of the 2024 Land Law, Decree No. 88/2024/ND-CP and related documents, ensure the legitimate rights and interests of enterprises during the compensation and resettlement process when land is recovered for this unit.
Dai Thuan Phat Company said it is the owner of 2 projects in Son My commune, Ham Tan district (now Son My commune, Lam Dong province) with a total land area of over 86,200m2 (land was allocated by Binh Thuan province in 2004 and 2005). Both projects have a land lease term of 49 years.
Of the allocated land area, only a part is clean land. In the Ecological Forest Planting Project, there are more than 1,200m2 of land managed and used by households and individuals. Dai Thuan Phat Company must negotiate, accept transfer and compensate for this land area. In addition, to ensure continuity in the implementation of the shrimp farming project and avoid dividing the production area... The Company also accepts to negotiate compensation and accept land transfer from people inside and outside the project boundary with a total area of 13,000m2. Bringing the total area of the project to 24,506m2.
The total actual land area that Dai Thuan Phat Company has been managing and using at the above two projects is more than 99,264 square meters.
In December 2011, the People's Committee of Binh Thuan province issued Decision No. 2764/QD-UBND to reclaim more than 100,800 square meters of land rented by Dai Thuan Phat Company to implement the Son My I Industrial Park Project.
Dai Thuan Phat Company said that it was not until March 20, 2025 that the People's Committee of Ham Tan district issued Decision No. 509/QD-UBND approving the BTHT-TDC plan for the Company. Accordingly, the total compensation and support for the company is 286 million VND, including: compensation for assets of more than 271 million VND, and costs of moving assets of 15 million VND. Notably, in the above decision, the compensation for more than 87,500m2 (more than 8.7ha) of recovered aquaculture land is 0 VND and the remaining "land investment cost" is 0 VND.
Dai Thuan Phat Company does not agree with the above compensation level because in addition to the allocated land area, the company also transferred 13,000 square meters of land from the people. The company believes that compensation for land at 0 VND is unreasonable. In addition, the company is not compensated for the huge investment costs it has spent; the repossession causes the termination of business activities, and no replacement production land is granted... but no compensation or support is not in accordance with regulations.
The issuance of the decision approving the BTHT-TDC plan is not based on the land recovery decision issued by the Provincial People's Committee in 2011. Notably, the compensation land area is smaller than the land area that the Provincial People's Committee decided to recover and is smaller than the actual area that the Company is managing and using.
Dai Thuan Phat Company believes that, based on the unit prices issued by the People's Committee of Binh Thuan province in Decision No. 37/2019/QD-UBND dated December 20, 2019 and Decision No. 09/2022/QD-UBND dated March 18, 2022 of the People's Committee of the province... then the amount of compensation that Dai Thuan Phat Company will receive is up to more than 28 billion VND.
Reasonable and just judgment will create momentum for the development of the whole region.
The case of Dai Thuan Phat Company was accepted by the People's Court of Binh Thuan Province (now Lam Dong Province) and the prescribed steps were taken to bring the case to trial. Specifically, on July 25, Lam Dong Province People's Court chaired a dialogue session for the parties to reach an agreement on how to resolve the case. However, the mediation dialogue was unsuccessful because the participating parties still maintained their opinions.
Then, on July 29, 2025, Lam Dong Provincial People's Court conducted an "on-site review and assessment". On September 16, Lam Dong Provincial People's Court continued to hold a dialogue. However, the defendant and the person with related rights and obligations were absent.
At the Son My I Industrial Park Project for many years, not only Dai Thuan Phat Company but also 6 other organizations and enterprises did not agree with the compensation plan approved by the People's Committee of Ham Tan District (old). The key point lies in the fact that the units of the old Ham Tan District applied the legal regulations inconsistently and inconsistently...
Specifically, for the same project, at the same time of issuing the land recovery decision, in terms of compensation plan, some enterprises were supported by relevant units of the old Ham Tan district based on the Land Law 2003, 2013, 2024 (such as Dai Thanh Company), some enterprises were applied the Land Law 2024 (Dai Thuan Phat Company) to come up with compensation and support plans for enterprises. This does not create fairness, transparency, and does not guarantee the rights of enterprises whose land is recovered in the project.
In addition, businesses said that the BTHT-TDC plans did not fully account for the investment on land that businesses had invested in; did not compensate for the area that businesses had invested in or the land that businesses received from individuals and households. This caused great damage to businesses.
That is why, although since 2011, the People's Committee of Binh Thuan province has made decisions to reclaim land; then the People's Committee of Ham Tan district issued a BTHT-TDC plan, but after that, it continuously issued many decisions to replace, adjust, and cancel the issued BTHT-TDC approval decisions; the project has been "frozen" for many years.
By December 2017, the project was approved by the Prime Minister for investment policy for the new investor, Son My Industrial Park Infrastructure Investment, Construction and Business Company Limited (IPICO). However, up to now, the current status of the project site has not changed much. The main reason is still the compensation and site clearance (GPMB).
Regarding the above incident, in the past, many units in the former Binh Thuan province (now Lam Dong province) have made many efforts to resolve the issue and come up with a final solution. However… there has not been a consensus among the units whose land has been recovered.
After the establishment of Lam Dong province (new), the provincial leaders have conducted many inspections and worked on issues related to compensation, site clearance, investment progress for industrial park projects in the province. The purpose is to grasp the reality of problems, remove difficulties... to promote the socio-economic development of the province.
Following the direction of the Lam Dong Provincial People's Committee, on September 18, the Provincial Industrial Parks Management Board held a meeting to discuss with 7 organizations and enterprises whose land was recovered.
Result: The parties agreed to request the Provincial Industrial Park Management Board to synthesize and report to the competent authority for consideration to resolve 3 main contents for 7 organizations and enterprises: Policy to calculate and support the difference between the compensation and clearance plan according to the old Land Law and the new Land Law to protect the interests of the organizations.
For compensation costs for households that organizations have previously paid but have not been compensated (according to the compensation plans issued by Ham Tan district - PV), we will consider calculating and supporting accordingly, with the condition that organizations must provide full documents to ensure regulations.
Regarding assets and structures on land, investment costs on land of organizations established after the land reclamation decision will be considered for support on a case-by-case basis (assets and structures on land... existing before the land reclamation decision will of course be compensated - PV).
Recently, on October 1, Lam Dong Province's PTQD Center No. 1 Branch issued Document No. 215/CNPTQD1-BTGPMB to 7 enterprises and organizations. This unit's document stated: In order to have a basis to report to competent authorities for consideration and resolution of the issues proposed by the organizations, the unit requested the organizations to calculate and propose the total compensation and support costs according to the provisions of law, actual volume, with clear and legal documents attached... so that the PTQD Center Branch No. 1 has a basis to propose to competent authorities for consideration and decision (the latest submission deadline is October 15).
It is known that currently some enterprises have followed the opinion of Branch of the Military Training Center No. 1 of Lam Dong province.
Business representatives said they strongly support the above plan; if the two sides agree on the level of compensation and support, the businesses will withdraw their lawsuits.
“Our project was revoked before the deadline to implement another project. We are willing to hand over the land to the State for the common goal, but it must be resolved to ensure our rights and interests. We have based on current regulations and documents, the volume of investment in land, assets on land, etc. to create a table to propose compensation and support levels. Those without documents still exist in reality.
Therefore, for more verification, we suggest that the competent authority can organize a field survey to ensure transparency, publicity, reality, legality and reasonableness. If we can do that, we will happily receive compensation and hand over the site so that the State can hand over the site to the new investor to immediately implement the project", said a representative of Dai Thanh Company.
Source: https://daibieunhandan.vn/vu-boi-thuong-0-dong-ve-dat-tai-kcn-son-my-i-mot-phan-quyet-hop-tinh-hop-ly-se-tao-da-phat-trien-ca-vung-10390414.html
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