Voters of Sam Son City, Thanh Hoa Province sent a petition to the People's Council of Thanh Hoa Province, stating that the Toan Tich Thien Luxury Resort Project has been implemented since 2009 with a total planning area of 60,345m2, the total number of households in the project is 17 households with 87 people, up to now, it has been 15 years but the project has been prolonged, slow to implement, causing waste of land resources and directly affecting the lives of the people, requesting the Provincial People's Committee to direct and take measures to handle the recovery.
Responding to this petition, the People's Council of Thanh Hoa province said that Toan Tich Thien Joint Stock Company was approved by the People's Committee of Thanh Hoa province to lease land to implement the Toan Tich Thien high-class resort project in Quang Vinh commune (now Quang Vinh ward, Sam Son city) in Official Dispatch No. 354/UB-NN dated February 5, 2004 with a land area of about 5 hectares.
On May 19, 2004, the Provincial People's Committee decided to reclaim land in Quang Vinh commune, Quang Xuong district and lease it to Toan Tich Thien Joint Stock Company with an area of 63,345m2 (including: leased land 51,865m2; traffic land for road 4C, external traffic road 8,489m2).
According to the report of the Department of Natural Resources and Environment, by August 22, 2024, Toan Tich Thien Joint Stock Company had leveled the ground, was constructing internal road infrastructure for the land area assigned in the first phase and built a one-story house to serve the project management and implementation with an area of about 300m2.
Thus, from the date of land handover on site (March 8, 2009) to now, the project has been 37 months behind schedule in land use.
However, the People's Council of Thanh Hoa province stated that, according to Notice No. 129/TB-UBND dated June 27, 2024 of the Provincial People's Committee, it is agreed that the affected time for force majeure cases due to the impact of the COVID-19 epidemic in Thanh Hoa province is not included in the 24-month land use progress extension period for investment projects as prescribed from January 23, 2020 to April 14, 2022.
Thus, the total affected time for force majeure cases due to the impact of the COVID-19 pandemic determined according to the provisions of the 2013 and 2024 land laws for the above project is 26 months and 22 days.
According to this calculation, the project is only 11 months behind schedule in land use, not a violation under Clause 8, Article 81 of the 2024 Land Law, so it is not subject to land revocation by the Provincial People's Committee.
According to the People's Council of Thanh Hoa province, the above project is not yet subject to a land recovery decision because according to Point a, Clause 3, Article 254 of the 2024 Land Law, the transitional provisions on land recovery; compensation, support, and resettlement when the State recovers land when this Law comes into effect: "In case there is no land recovery decision, the People's Committee at the competent level shall handle it according to the provisions of Clause 8 and Clause 9, Article 81 of this Law".
Therefore, the project has not been subject to a land reclamation decision by the Provincial People's Committee. The Company is considered for the time affected by force majeure during the investment phase of the project.
