Use of land not in accordance with the allocated area
The Ho Chi Minh City Inspectorate has just issued Inspection Conclusion Notice No. 09/TB-TTTP-P5 dated January 15, 2025 on compliance with legal regulations in urban planning management, construction investment management and investment calling at the Investment and Construction Management Board of the New Urban Area of the South City (South City Management Board). Through the inspection, it was determined that 9 agencies and units had shortcomings and violations related to 28 contents.
In particular, Phu My Hung Development Company Limited (Phu My Hung Company) has prolonged the time to complete the planning project and the construction time according to the planning, affecting the determination of the land area (299ha) exploited by Phu My Hung Company, establishing investment and construction projects and the area of public works land managed by Ho Chi Minh City (110ha).
Of the 110 hectares, Phu My Hung Company has handed over more than 56.8 hectares, while more than 53.1 hectares have not been handed over and are undergoing regular maintenance until they are accepted.
At the same time, Phu My Hung Company has not yet invested in the construction of embankment works to protect rivers and canals approved in Decision No. 380/QD-UB-QLDT, affecting the landscape, environmental pollution, drainage and waterway traffic safety.
The company has not invested in building a green park according to the approved plan; the planning and construction of Area A is not in accordance with the area assigned by the Prime Minister, currently using more than the actual area, increasing by about 400 hectares.
This company also did not apply for a construction permit before constructing the South Saigon International School project, lot CR8. The South Saigon International School project (buildings A3, A6) was built without a permit on a large scale, with a total unlicensed construction area of about 9,900m2 with a reinforced concrete floor structure and reinforced concrete columns. This is not in compliance with Clause 1, Article 89 of the 2014 Construction Law.
Also according to the inspection conclusion announcement, the implementation of 5 urban clusters A, B, C, D, E of Phu My Hung Company up to now is mainly concentrated in functional area No. 1 (area A), the remaining areas B, C, D, E (areas 8, 12, 16, 18) have not been implemented for planning because the land has not been handed over; Nguyen Van Linh road has not been completely built according to the progress of investment license No. 602/GP dated May 19, 1993 because the lanes through Areas B, C, D, E have not been handed over land.
Regarding unlicensed and illegal constructions, the Ho Chi Minh City Inspectorate recommends and the Ho Chi Minh City People's Committee directs the Department of Construction to inspect and review the issuance of Construction Permit No. 03/GPXD-BQLKN dated June 2, 2023 by the Southern City Management Board to Phu My Hung Company to construct works under the Saigon South International School Project. In case of detecting violations, propose handling measures according to legal regulations.
The Southern Area Management Board also has many violations.
The Ho Chi Minh City Inspectorate has assigned Phu My Hung Company to complete the construction of Nguyen Van Linh Street and hand it over to the State management agency according to the progress of Investment License No. 602/GP dated May 19, 1993; hand over the entire public land area of 110 hectares (area A) to Ho Chi Minh City for management according to the commitment in Investment License No. 602/GP dated May 19, 1993. At the same time, coordinate with the Department of Natural Resources and Environment, the City Inspectorate, the People's Committee of District 7 and related units to measure and determine the total land area of area A.
According to the conclusion report, the Ho Chi Minh City Inspectorate said that the Southern Area Management Board had 10 violations, such as the content of the approved planning project was not complete according to regulations, and there was a lack of basis for comparison of each project. The repeated adjustment of local planning of the functional areas of the Management Board led to fragmentation, insufficient State-managed land fund, and difficulty in ensuring technical infrastructure and social infrastructure. In addition, the inspectorate also pointed out the situation of construction, land use in violation of planning, land encroachment in canals, green parks, etc.
Regarding construction management, the Southern Management Board has allowed the construction of internal roads adjacent to existing canals (behind lot M9 to lot S15) and many households have encroached and built houses on riverside land.
