Suspended operations still lease factory infrastructure to other businesses
Recently, in Binh Phu Industrial Park, Mong Hoa Commune, Hoa Binh City, a fire occurred, causing a factory of over 2,000 square meters to be burned down.
Accordingly, at around 9:30 p.m. on July 29, a fire broke out at Phuc Dien Co., Ltd., a company specializing in packaging production, that leased part of the infrastructure of PNP Co., Ltd., located at Binh Phu Industrial Park, Mong Hoa commune (city). Peace).
Worth mentioning, according to Hoa Binh Provincial Police, PNP Company Limited - the enterprise that leased the infrastructure to Phuc Dien Company Limited - was sanctioned by the Chairman of Hoa Binh Provincial People's Committee for administrative violations due to not ensuring fire safety. Fire from December 14, 2022.
On January 9, 2023, its operations were suspended by the Fire Prevention and Rescue Police Department and the Provincial Police until now.
Regarding the fact that businesses in industrial parks that have been sanctioned still lease infrastructure to another company to operate, Mr. Nguyen Thanh Huy - Deputy Head of the Industrial Park Management Board of Hoa Binh province said that when the Provincial People's Committee and the Police Department Fire Prevention and Fighting Police, the Provincial Police issued a document suspending the operations of PNP Co., Ltd. without sending it to the Provincial Industrial Park Management Board.
"In addition, according to the Investment Law, if an enterprise leases land and leases it to a secondary enterprise, while the industry remains the same, according to regulations there is no need to report or apply for an investment certificate, so no notification is required. through the Provincial Industrial Park Management Board.
Therefore, the committee does not know whether the two above-mentioned enterprises have contracts to sublease the factory" - Mr. Huy said.
Maybe guilt stacks up against guilt
After the incident, the police investigation agency is verifying and clarifying the cause of the incident and determining the responsibilities of the parties involved.
Talking about the legal situation of this issue, Lawyer Tran Thu Nam - Hanoi Bar Association said: "In the case where an enterprise has been suspended for violating fire prevention and fighting, they do the trick by letting a If another unit hires but in fact they only change their legal status in the form of "new bottle, old wine", it can be determined that the crime is overlapping and at the same time they will be held responsible for not ensuring fire protection. .
Also according to Mr. Nam, the Fire Prevention and Fighting Law stipulates that factory rental must ensure fire prevention and fighting conditions.
In the case of an enterprise leasing a factory, the assignment of responsibility will depend on the contract signed between the two parties.
"If PNP Company Limited only leases land and requires Phuc Dien Company Limited to ensure fire protection conditions, the lessee will be responsible.
If the lessor hands over the premises and factory infrastructure to the lessee and does not have the above requirements, then both parties are responsible for this matter" - the lawyer said.
Lawyer Nam also said that when determining the responsibilities of the parties involved, if an organization or individual violates the provisions of law and is eligible for criminal prosecution, the police agency will prosecute according to law. provisions of the Penal Code.
