Start construction and leave it there
The Bac Lieu - Saigon General Hospital construction project was granted an investment certificate by the Bac Lieu Provincial People's Committee in 2010 with a total investment of nearly 1,370 billion VND. The project has an area of over 37,000m2, located in Hoang Phat New Urban Area, in Ward 1, Bac Lieu City (Bac Lieu Province). The project construction scale is 10 floors, with a capacity of 400 outpatient beds/day and 436 inpatient beds...; expected to be completed and put into operation by the end of 2020.
On June 24, 2018, Bac Lieu - Saigon General Hospital Joint Stock Company organized the groundbreaking ceremony. However, after the groundbreaking ceremony, the investor did not build anything but abandoned the land, causing waste of the state's clean land fund for many years.
On November 26, 2021, the People's Committee of Bac Lieu province issued Decision No. 511 on the revocation of the hospital construction land for Bac Lieu - Saigon General Hospital Joint Stock Company, assigning the Provincial Housing and Land Fund Development Center to manage.
After receiving the decision, Bac Lieu - Saigon General Hospital Joint Stock Company complained, Bac Lieu Provincial People's Committee issued Decision No. 302/QD-UBND affirming that the settlement was correct. Meanwhile, the investor believes that the two decisions of the Bac Lieu Provincial People's Committee to reclaim land without compensation are not in accordance with the law, so they should file a lawsuit in court.
The court of first instance believes that Decision 511/QD-UBND is within its authority, order and content. The company's delay in putting the land into use is well-founded.
At the appeal hearing, the High-level People's Court in Ho Chi Minh City determined that the company submitted a request to return land for hospital construction and housing construction to experts in order for the People's Committee of Bac Lieu province to return the invested money, but was not accepted by the Provincial People's Committee, which was not in accordance with the provisions of law; the People's Committee of Bac Lieu province did not accept the company to extend the land use period, with the reason that not putting the land into use was not in accordance with the provisions of law.
According to the Board of Directors, the company's request for an extension is during the COVID-19 epidemic prevention period (in case of force majeure), but it was not accepted by the People's Committee of Bac Lieu province as inappropriate. On the other hand, according to the provisions of law, the company has the right to extend the project for 24 months when the state terminates the operation of the project. The Bac Lieu Provincial People's Committee's failure to grant an extension, not to receive land back, and not to base on the COVID-19 epidemic situation to withdraw the entire project without compensation is not in accordance with the law.
After winning the lawsuit, continue to leave the land vacant
After winning the lawsuit, from April 2024 until now, the Saigon - Bac Lieu General Hospital project has remained inactive. The investor has not shown any signs in the field even though the winning lawsuit has been nearly a year.
The People's Committee of Bac Lieu province said that the court's ruling must be followed, but this is an administrative judgment, the plaintiff who won the lawsuit is considered the revoking decision of the Provincial People's Committee to no longer be valid, the investor must complete the procedures according to regulations to conduct investment in the project. However, up to now, the investor has not taken further steps while the government is ready.
