The People's Committee of Ca Mau province officially sent a document requesting the People's Committee of Ca Mau city to review the case of land violations against Mr. Ho An Tap, the owner of the villa considered "the most beautiful in Ca Mau".
The document also clearly stated that it requested the People's Committee of Ca Mau city to re-handle the case in accordance with the law as reported in Report No. 683, dated September 27, of the provincial Department of Justice.
According to Report No. 683 of the Department of Justice of Ca Mau province, the decisions on administrative sanctions and forced remediation of consequences for Mr. Ho An Tap's violations are not in accordance with the provisions of law and must be annulled.
According to the Department of Justice of Ca Mau province, in the case of Mr. Ho An Tap's violation, according to the provisions of the law, in addition to being administratively fined and forced to remedy the consequences, the profits from the violation must also be recovered. The decisions to handle violations by the Chairman of the People's Committee of Ca Mau city regarding Mr. Tap's violations in the past have ignored this, so they must be canceled.
Regarding the decision to enforce against Mr. Ho An Tap, if the consequences of land use conversion as issued by the People's Committee of Ca Mau city are not remedied, according to the Department of Justice, this case must be land recovery, not forced demolition.
The legal basis stated by the Department of Justice in the report is the 2013 Land Law, Decree No. 91/2019/ND-CP, Decree No. 43/2014/ND-CP, Law on Handling of Administrative Violations; Decree 118/2021/ND-CP; Decree 102/2024/ND-CP.
The Department of Justice of Ca Mau province proposed the following solutions to this case: Force the restoration of the original state of the land before the violation for the 1,303m3 land area; force land registration (change of land use purpose) for the area of 2,261m2; force the return of illegal profits gained from the violation (total area of violation).
"In case Mr. Tap fails to implement or improperly or incompletely implements the above-mentioned remedial measures, land recovery procedures will be carried out according to the provisions of law," the report stated.
As Lao Dong has reported in many articles, at the end of 2022, Mr. Ho An Tap was discovered to have built a villa in violation of regulations in Hamlet 6, Tan Thanh Commune, Ca Mau City, Ca Mau Province after showing off on social media the "most beautiful villa in Ca Mau". On January 9, 2023, the Chairman of the People's Committee of Ca Mau City issued Decision No. 82, fining Mr. Tap 22.5 million VND and forcing him to dismantle the construction to restore the original state of the land (aquaculture land).
Nearly 10 months later, the Chairman of the People's Committee of Ca Mau City issued Decision 7309 to partially amend Decision No. 82, not forcing demolition but only forcing land procedures, that is, changing the land use purpose to comply with regulations.
During this time, Mr. Tap paid the fine, but continued to complete the house. After the decision was made to allow Mr. Tap to change the purpose, Mr. Tap repeatedly asked for an extension, to change part of the house because he had no money, his family was in difficult circumstances...
