Debate on force majeure case
The above land plot is a typical example of legal problems in Khanh Hoa. Many central agencies are still controversial about the handling plan after the project is revoked.
This has led to the local government not being able to reclaim the land and having difficulty organizing the auction of the golden coastal land of Nha Trang.
This land was once auctioned by Khanh Hoa province to the Agricultural and Rural Development Bank Printing - Trading Service Company, now the Agricultural and Rural Development Bank Service Company Limited.
Nearly 15 years ago, Khanh Hoa province issued a certificate of land use rights, house ownership rights and assets attached to land to the Agricultural and Rural Development Bank LLC.
By 2015, the authorities recorded that the enterprise did not implement investment procedures. Since then, the locality has reclaimed this plot of land and organized a public auction to select a new investor.
It is worth mentioning that when there was a plan to select a new investor, Khanh Hoa proposed a criterion for investors to return more than VND 236.6 billion to the budget before the state pays the old investor.
This regulation makes new investors hesitant and believes that many businesses will find it difficult to meet the bidding criteria. Finally, the locality had to cancel the results of selecting investors to implement the project at the land plot 48-48A Tran Phu.
Previously, the decision to reclaim the land plot at 48-48A Tran Phu, Khanh Hoa province was based on violations of the law on land management. If based on this regulation, investors will not be compensated for land and assets attached to land, except in cases of force majeure.
The enterprise also explained that the delay in the project progress at the land plot 48-48A Tran Phu was because the Ministry of Public Security issued a seizure order. And this reason is determined to be a "casse of force majeure".
If the Prime Minister confirms that the Ministry of Public Security's order to seize assets for the land plot 48-48A Tran Phu causing the company to be behind schedule is a " force majeure case", Khanh Hoa province will return the above amount to the investor.
Report to the Prime Minister due to many different opinions
However, before the Prime Minister makes a decision on the project at the land plot 48-48A Tran Phu, relevant agencies and ministries need to review the legality.
In 2022, the General Department of Land Management under the Ministry of Natural Resources and Environment determined that the case of determining the seizure order of 3,642m2 of land at 48-48A Tran Phu of the Ministry of Public Security as an force majeure case, based on the provisions of the Land Law, the State has no basis to reclaim land due to violations of land use progress.
Meanwhile, agencies in Khanh Hoa province said that the General Department of Land Management has not yet determined whether the seizure order is another force majeure case under the authority of the Prime Minister or not.
Therefore, the People's Committee of Khanh Hoa province has proposed that the Ministry of Natural Resources and Environment take the lead in coordinating with ministries and branches to continue reporting to the Prime Minister for consideration.
In August 2024, the Ministry of Natural Resources and Environment assessed that the land plot 48-48A Tran Phu was a long-standing complicated case with many different opinions.
The Ministry has reported to the Prime Minister, proposing to assign the Government Inspectorate to preside over and coordinate with relevant ministries to clarify the incident and propose a handling direction according to regulations.
