Kiến nghị cưỡng chế thu hồi Dinh I ở Đà Lạt

Chưa thể đấu giá Dinh I

The People’s Committee of Da Lat city recently reported to the Lam Dong provincial People’s Committee regarding the progress of auctioning the Thuy Ta restaurant (formerly located at 01 Yersin), the old Golf 3 hotel (formerly located at 04 Nguyen Thi Minh Khai), and Dinh I (01 Tran Quang Dieu). Among these, Thuy Ta restaurant will be auctioned for the second time as the previous investor withdrew the bid; the old Golf 3 hotel will be auctioned for the third time as it did not meet the necessary conditions.

Dinh I, specifically part of the King Palace project by Hoan Cau Dalat Joint Stock Company (Hoan Cau Company), has not yet been reclaimed for auctioning. The investor continues to operate the property for tourism purposes.

The Government Inspectorate had identified several violations in the King Palace project in their inspection conclusion No. 929/KL-TTCP and requested the Lam Dong provincial People’s Committee to reclaim the project. As a result, on August 26th, 2021, the Lam Dong provincial People’s Committee issued a document to terminate the operation of the King Palace project by Hoan Cau Company and assigned relevant units to carry out the process.

In November 2023, the Da Lat city People’s Committee announced the termination of the lease contract at the King Palace project after 60 days, requesting the investor proactively resolve personnel issues, employment, debts with suppliers, customers, and financial obligations related to the state. However, the investor did not comply with this announcement and filed a petition.

On January 17th, 2024, the Lam Dong provincial People’s Committee did not consider the requests from Hoan Cau Company as they were not within its jurisdiction. They demanded the investor to comply with the termination of the King Palace project’s operation.

The Department of Natural Resources and Environment invited Hoan Cau Company on the third occasion, on January 19th, 2024, to request land reclamation. However, it was unsuccessful. The project’s investor continues to use the land for business purposes, while the Da Lat city People’s Committee has not effectively managed Dinh I and other assets. The Department of Agriculture and Rural Development also submitted a report to the Da Lat city People’s Committee regarding the current situation of forest resources in the project, but it did not reassess the forest’s reserves.

Regarding the return of investment funds by Hoan Cau Company for the King Palace project, the Lam Dong provincial People’s Committee has agreed with the Department of Finance to reimburse the investor more than 58.6 billion VND (approximately 2.5 million USD). However, Hoan Cau Company has submitted a request for reconsideration, believing that the amount is too low compared to the investment they have made.

Còn nhiều vướng mắc để thu hồi Dinh I

According to the Da Lat city People’s Committee, Hoan Cau Company has yet to hand over the property to the city authorities. The investor is still using it for tourism purposes, creating obstacles in calculating rental fees and resolving outstanding financial obligations. Furthermore, the investor has submitted another request, demanding a larger reimbursement amount.

In terms of auctioning the Dinh I villa and the associated land, the Department of Finance has recommended that the Da Lat city People’s Committee prepare an appraisal, despite the existing unresolved issues and the lack of detailed guidance for the auction plan.

Several specialized agencies in the city have encountered difficulties in terms of surveying VN 2000 coordinates, as it results in an increased area compared to the provincial reclamation decision. The compensation for the remaining land in the Dinh I area has not been completed since it was handed over to the investor for rent. Some cases of land encroachment by Hoan Cau Company have not been effectively resolved.

To expedite the reclamation process and develop an auction plan, the Da Lat city People’s Committee has requested the provincial People’s Committee to empower relevant departments and units to enforce land and forest reclamation, as well as to hand over the properties to the city authorities. It is also necessary to enforce the reclamation of assets on the land, architectural structures, management systems, and the preservation of assets after reclamation.

Additionally, the calculation of rental fees, forest rental fees, and rental fees for the assets after the project’s termination must be considered. Despite the termination notice, Hoan Cau Company continues to utilize the property for their business operations.

Following this, specific criteria will be established to formulate the auction plan.

Chính quyền Đà Lạt (Da Lat municipal authority) plans to auction the 50-year lease rights at Dinh I, focusing on land, property, and forest rentals. The purpose of land use is commercial services.

Source: Business Today