Faults of Discovery Complex II building: Still awaiting the court’s decision

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Le Van Hung, Deputy General Director of Le Truc Garment Joint Stock Company said that the Company has conducted the legal proceedings against Decision No. 2673 dated October 12, 2015 of Ba Dinh District People’s Committee on request for partial demolition of the exceeding height and area of the building in Ha Noi People’s Court.

The partial demolition of the building specified in Decision No. 2673 of Ba Dinh District People’s Committee does not comply with the detailed plan but the construction permit No. 11/GPXD-SXD dated March 24, 2014, which is in incompliance with regulation of law. Moreover, the construction permit was not issued in accordance with the detailed plan scaled 1/500 approved by the Ha Noi People’s Committee and design standards of high-rise building, Hung explained.

Hung affirmed that the 8B Le Truc building project was exempt from construction permit and constructed in accordance with the detailed plan scaled 1/500 approved in Decision No. 2452/QD-UBND dated December 05, 2008 by the Ha Noi People’s Committee. Based on the detailed planed, the building has a maximum height of 70 meters with 5-storey podium and 17 stories (excluding two technical stories and one roof story).

In addition, Le Truc Garment JSC accused Hanoi city’s competent authorities of breaking the commitment with the project investor. Specifically, to get approval of the master plan for the 20-story building with the height of 69.1m, the project investor committed and completed the handover of a land lot with an area of 1,941 square meters to the Ha Noi People’s Committee to extend Tran Phu street without any compensation.

Document No. 499/QHKT-P3 dated March 16, 2009 of Ha Noi city’s Department of Planning and Architecture also requested the project investor to make its commitment that “The project investor shall not claim for compensation of its land lot used to expand Tran Phu street” as stated in its official letter No. 99/CV-DTXD January 08, 2008.

However, the project investor was forced to revise the scale of the building by reducing the height to 53m and the number of stories to 18, which breaks the commitment between the competent authorities and the investor and shows the inconsistency in investment policy.

Revealing the reasons for legal proceedings, Hung said: “We have sent many letters and claims to competent authorities at all levels, but until now, there has been no response. Due to so strange silence, we had to file the case to Hanoi People’s Court. This is reluctant for us because no enterprise dares to sue the administration. However, up to now, the court has not shown any move yet for a year”.

Regarding this issue, at the meeting on the socio-economic situation in August and the key tasks in September of the Ha Noi city People’s Committee, Nguyen Duc Chung, Chairman of Ha Noi ciy has assigned the Department of Construction to coordinate with Ha Noi Inspection agency, the Department of Justice, Ba Dinh District People’s Committee to review legal procedures in handling this building.

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