Proposal to force Song Da - Nha Trang company to dismantle encroaching works at Bai Duong apartment building

Hữu Long |

Khanh Hoa - Bac Nha Trang Ward People's Committee recorded Song Da - Nha Trang Company building encroaching on area, encroaching on public area space.

In August 2026, the People's Committee of Bac Nha Trang ward sent a report to the Chairman of the People's Committee of Khanh Hoa province, requesting the issuance of a decision forcing the implementation of remedial measures for Song Da - Nha Trang Joint Stock Company at No. 6 Bai Duong Street, Bac Nha Trang ward.

According to the submission, 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 the Bai Duong High-Class Apartment Building to build 2 projects.

The People's Committee of Bac Nha Trang Ward 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 Building.

This act is identified as falling 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, on the 1st floor, the G, H, K axes show that the community living room of the apartment has an area of 167m2.

However, the People's Committee of Bac Nha Trang ward said that Song Da - Nha Trang Joint Stock Company arbitrarily separated rooms for rent with an area of 99.6m2.

From there, the Ward People's Committee 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.

Because the total penalty for violations exceeds the authority to impose administrative sanctions of the Chairman of the Commune-level People's Committee, the People's Committee of Bac Nha Trang ward said it does not have the authority to issue sanctioning decisions for all violations that have been established.

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, the People's Committee of Bac Nha Trang ward proposed that the People's Committee of Khanh Hoa province issue a decision forcing Song Da - Nha Trang Joint Stock Company to implement remedial measures for 2 violations. Accordingly, it is proposed to force the enterprise to demolish the works and parts of construction that encroach on the area and space of the public area and common use area at Bai Duong high-class apartment building.

For the area arbitrarily converted for function and purpose of use belonging to the common ownership part, enterprises are requested to be forced to restore to the original state according to the provisions of Decree No. 16/2022/ND-CP dated January 28, 2022 of the Government.

The deadline for implementing the proposed remedial measures is 10 days from the date of receipt of the decision.

Hữu Long
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