On October 31, Ms. Le Thi Hong Lam and Mr. Tran Van Thuong (both residing in Vinh City, Nghe An Province) confirmed that they had received the decision to resolve the complaint of the People's Court of Khanh Hoa Province regarding the settlement of the complaint about the administrative decision of the People's Committee of Khanh Hoa Province at the Tan Lap Islet Residential Area project (Nha Trang).
In 2023, Ms. Le Thi Hong Lam filed a lawsuit requesting the court to cancel Decision No. 2304/2017 of Khanh Hoa Provincial People's Committee on approving the transfer of part of the TM1 Commercial Land Project - Tan Lap Islet Residential Area, and cancel the certificate of land use rights, house ownership rights and other assets attached to the land issued by the Department of Natural Resources and Environment of Khanh Hoa province to HP Hospitality Company Limited.
HP Hospitality Company Limited is a partner that has been transferred a part of the TM1 commercial land project by the joint venture of Song Da - Nha Trang Joint Stock Company (Song Da - Nha Trang) and Song Da - Thang Long Joint Stock Company (Song Da - Thang Long).
Ms. Hong Lam said that Khanh Hoa province's granting of a license to transfer part of the project without including the obligations of customers who have contributed capital to it is a violation of the law.
After consideration, Khanh Hoa Provincial People's Court announced the return of Ms. Lam's lawsuit on the grounds that Decision No. 2304 did not directly change the legitimate interests or affect the legitimate rights and interests of Ms. Le Thi Hong Lam and Mr. Tran Van Thuong.
The Court found that the customer's apartment capital contribution contract (in 2015) was "a capital contribution to ensure the purchase of the apartment after Song Da - Nha Trang started construction and met the conditions for selling the apartment according to regulations...".
To date, Ms. Lam, Mr. Thuong and the investor have not signed an apartment sale and purchase contract. Ms. Lam and Mr. Thuong have not yet created rights to the real estate belonging to Project TM1.
The Court held that under the provisions of the Enterprise Law, Song Da - Nha Trang is entitled to transfer all or part of the TM1 Commercial Land Project to a qualified entity. HP Hospitality Company Limited inherits and performs the rights and obligations transferred by Song Da - Nha Trang.
Therefore, it does not affect the legitimate rights and interests of Ms. Lam and Mr. Thuong. Regarding the request to sue to cancel the "red book" issued by the Department of Natural Resources and Environment of Khanh Hoa province to HP Hospitality Company Limited, the court held that Ms. Lam and Mr. Thuong do not have rights to the real estate belonging to the TM1 Commercial Land Project, so they do not have the right to sue.
A project that has lasted more than 10 years is not finished yet.
The Tan Lap Islet Residential Area project was first approved for investment by Khanh Hoa province in 2011 but has not yet been completed.
In 2024, the Tan Lap Islet Residential Area project encountered some notable incidents such as the police investigating the land allocation and being administratively fined for illegal construction.
The Investigation Police Agency of Khanh Hoa Province Police is verifying and investigating a case with signs of law violations by individuals, agencies and organizations in the process of land recovery and land allocation to implement the Tan Lap Islet Residential Area project in Xuong Huan Ward, Nha Trang City.
In addition, the investor of the Tan Lap Islet Residential Area project also constructed the project without a construction permit and was administratively fined VND 520 million.
