Enterprises appeal the enforcement decision of the People’s Committee of Cam Giang district

(Construction) – When implementing land recovery for the construction investment project of Provincial Road 394B from National Highway 5 to Sat River bridge, private enterprise Hoang Lien Anh said that the enforcement team of the People’s Committee of Cam Giang district invaded. violation, causing damage to corporate assets.

In the Complaint sent to the Chairman of Cam Giang District People’s Committee, representative of Hoang Lien Anh Private Enterprise said: Hoang Lien Anh Private Enterprise was established in 2003 and is headquartered in Mau Tai village, Cam Dien commune, Cam Giang district. (Hai Duong). The enterprise was approved by the People’s Committee of Hai Duong province for an investment project to build a production and business facility according to Document No. 14/CV-UB dated February 12, 2004. On March 15, 2004, Hai Duong Provincial People’s Committee issued Decision No. 931/QD-UBND for Hoang Lien Anh Private Enterprise to lease land to build production and business facilities.

After compensating households whose land was recovered to implement the project, on July 24, 2006, Hoang Lien Anh Private Enterprise signed Land Lease Contract No. 649/HD-TD with Hai Provincial People’s Committee. Duong, term of 25 years in the form of land lease with annual payment; Land use purpose: Construction of production and business establishments. This area was granted Land Use Rights Certificate No. AE 069454 in 2007 by the People’s Committee of Hai Duong province.

On April 19, 2023, Cam Giang District People’s Committee issued Land Acquisition Decision No. 1233/QD-UBND. Also on April 19, 2023, Cam Giang District People’s Committee issued Decision approving compensation plan No. 1232/QD-UBND with compensation and support plan for Hoang Lien Anh Private Enterprise, only 259,032,000 VND.

By July 31, 2023, the Chairman of Cam Giang District People’s Committee issued Decision No. 2159/QD-UBND on forced land recovery. The Chairman of Cam Giang District People’s Committee then issued Decisions on extending the time for forced land recovery No. 2321/QD-UBND dated August 17, 2023; No. 2562/QD-UBND dated September 6, 2023; No. 2914a/QD-UBND dated October 10, 2023; No. 3245a/QD-UBND dated November 10, 2023; No. 3729a/QD-UBND dated December 11, 2023.

On March 6, 2024, Cam Giang District People’s Committee issued Notice No. 75/TB-UBND on dismantling and demolishing works, moving assets and trees on land and handing over land to implement investment projects. Construction of Provincial Road 394B, Hai Duong province (section from National Highway 5 to bridge over Sat River). On April 23, 2024, the People’s Committee of Cam Giang district began to enforce the enterprise’s land assets to recover land according to the above decisions, but during the enforcement process, the enterprise’s rights were damaged. affected.

First: The enforcement team has carried out dismantling and demolition of all assets not included in the land area recovered by Land Recovery Decision No. 1233/QD-UBND dated April 19, 2023 of the District People’s Committee. Cam Giang. “Even though we have clearly told the enforcement team that this is the enterprise’s land that will not be recovered according to the decision, the enforcement team continues to demolish assets and move assets located on the legal land area. our law. It can be said that this is an act of intentional destruction of property, leading to direct and serious damage to our business.”

Second: The enforcement team did not prepare a document listing the assets for post-enforcement preservation but immediately dismantled and demolished the enterprise’s assets, which could lead to damage and loss of assets. . At the scene, assets were broken and damaged after construction and could no longer be used, causing great damage to the business. This behavior of the enforcement team violated the regulations on forced land recovery in Article 71 of the 2013 Land Law.

Third: When conducting land recovery enforcement, the enforcement team demolished the structures that were the foundations to protect the safety of the remaining structures that the enterprise could still legally continue to use, as well as the transmission line. The area is cut off so that it cannot be left outdoors, it is not known whether it still conducts electricity or not, potentially dangerous during use. During the enforcement process, the enforcement team did not tighten seat belts and did not cover up to protect safety in the enforcement area, causing confusion and insecurity for businesses while we were still continuing to operate. Doing business on land that the enterprise has not recovered.

Fourth: Enterprise assets are dismantled and demolished, leaving behind brick and concrete walls and other assets after being dismantled and demolished on land that are not cleared, the scene is messy and desolate. How should it be handled? Furthermore, the road and entrance to the business were also dug up, leading to no entrance or exit. Even traveling by motorbike is very difficult, hindering daily travel and business activities. of business.

In the complaint, private enterprise Hoang Lien Anh was upset: “Currently, our business is very confused and frustrated after the company’s assets were confiscated and caused many dangerous problems. , unsafe as well as hindering production and business activities of enterprises as we mentioned above. Therefore, private enterprise Hoang Lien Anh requested the Chairman of Cam Giang District People’s Committee: “Verify and resolve the above issues and give written opinions to direct the enforcement team to reinforce unsecured assets.” post-enforcement safety for businesses, ensuring legal rights and interests for businesses, avoiding lawsuits that last too long, causing loss of time and trust of businesses.