On September 3, news from the People's Committee of Bac Nha Trang ward said that it had received opinions from leaders of the People's Committee of Khanh Hoa province related to the proposal to implement remedial measures for Song Da - Nha Trang Joint Stock Company at Bai Duong high-class apartment building.
Previously, the People's Committee of Bac Nha Trang ward had a report sent to the Chairman of the People's Committee of Khanh Hoa province, proposing to issue a decision forcing Song Da - Nha Trang Joint Stock Company to implement remedial measures at Bai Duong luxury apartment building.
However, Chairman of Khanh Hoa Provincial People's Committee Nguyen Viet Hung said that there is not enough legal basis to issue a decision forcing businesses to implement remedial measures as proposed by Bac Nha Trang ward.
The Chairman of Khanh Hoa province requested the People's Committee of Bac Nha Trang ward to preside over and coordinate with relevant agencies and units to inspect and handle administrative violations against Song Da - Nha Trang Joint Stock Company at Bai Duong high-class apartment building according to its authority and in accordance with regulations.
Enterprise identified as having 2 violations
According to the submission of the People's Committee of Bac Nha Trang ward, based on the Certificate of land use rights, ownership of houses and assets attached to land issued by the Department of Natural Resources and Environment (old) in 2015, Song Da - Nha Trang Joint Stock Company is allowed to use a land area of 2,110m2 in the form of common use.
However, through inspection, the People's Committee of Bac Nha Trang ward recorded that the enterprise had occupied a part of the common land area outside Bai Duong High-Class Apartment Building to build 2 projects.
The Ward People's Committee determined that Song Da - Nha Trang Joint Stock Company had acts of building encroaching on the area, encroaching on the space of the public area, the common use area at Bai Duong High-class Apartment.
According to the People's Committee of Bac Nha Trang ward, this act falls under the case specified in Decree No. 16/2022/ND-CP of the Government, with a fine of 180-200 million VND.
In addition, through actual inspection and comparison of the design drawings of the Bai Duong high-class apartment project appraised by the Department of Construction, the Ward People's Committee determined that on the 1st floor, on the G, H, K axes, there is a community activity room with an area of 167m2.
However, Song Da - Nha Trang Joint Stock Company was determined to have arbitrarily separated rooms for rent with an area of 99.6m2.
From there, the People's Committee of Bac Nha Trang ward determined that the enterprise had an act of arbitrarily changing the function and purpose of using the common ownership part at Bai Duong High-class Apartment Building. This act has a fine of 260-300 million VND.
Thus, the total fine for the 2 violations proposed by the Ward People's Committee is from 440-500 million VND.
According to the submission, the authority to issue decisions to sanction administrative violations against Song Da - Nha Trang Joint Stock Company belongs to the Chairman of Khanh Hoa Provincial People's Committee.
In addition to sanctioning, Bac Nha Trang ward proposed that Khanh Hoa Provincial People's Committee issue a decision forcing Song Da - Nha Trang Joint Stock Company to implement remedial measures for the 2 violations.
However, with the new opinion of the Chairman of Khanh Hoa province, the People's Committee of Bac Nha Trang ward will have to coordinate with relevant agencies and units to inspect and handle administrative violations according to their authority before advising on contents under the authority of the Provincial People's Committee to consider and decide.
