In January 2016, the Ha Noi People's Committee issued decision on partial demolition of the building because the project investor was accused of making serious faults of the building height, construction area, setback… compared with the construction permit No.11/GPXD-SXD dated March 24, 2014.
Specifically, according to the construction permit, the height of the building was 53 metres; however, the actual height of the building now is 69m, exceeding 16m or equivalent to 5 stories. In addition, from the eighth story of the building, there is a setback of 3.36m compared to the foundation; the building has, however, been vertically constructed.
Up to now, the competent authorities of Ha Noi city have completed the demolition of the 19th story and temporarily suspended the demolition.
However, Le Van Hung, Deputy General Director of Le Truc Garment JSC affirmed that the partial demolition of the building does not comply with the detailed plan but the construction permit. Moreover, the construction permit was not issued in compliance with the detailed plan scaled 1/500 approved by the Ha Noi People's Committee and design standards of high-rise building.
“Therefore, the issuance of construction permit for the project and the construction must comply with the approved detailed plan scaled 1/500, i.e. the building is 69.1m high and has 20 stories. The project was also exempt from construction permit,” Hung added.
The detailed plan scaled 1/500 of the land lot used for the project was approved in Decision No. 2452/QD-UBND dated February 05, 2008 by the Ha Noi People's Committee. It is the one approved by the competent authorities and still valid and enforceable to the date, Hung affirmed.
Hung also accused Ha Noi 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. However, later on, 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.
Regarding this issue, Lawyer Le Van Thiep, Head of Global Counsel Office, HCMC Bar Association, said that pursuant to point C, clause 1, article 27 of Decree 64, the Discovery Complex II building project is exempt from construction permit because the project has detailed plan scaled 1/500. However, that the management authorities reviewed and processed this building under the construction permit is unreasonable.
"The competent authorities of all levels are foremost responsible for the faults of the project because it is impossible that competent authorities have not realized the existence of such a large project for a long time," the lawyer said.
Why these faults had not been detected at the beginning period of the project for timely settlements rather than partial demolition of the building, meanwhile, the demolition is not in accordance with the law, Thiep raised the question.
Furthermore, that People's Committee of Dien Bien ward, Ba Dinh district, Ha Noi city sent the project investor its official letter on locking the main gate of the project for security is irrational and in incompliance with the law. The customers who bought apartments of the project have paid more than 90% of the value of the apartment and have been handed over. Therefore, the bought apartments are under the legal ownership of such customers, Thiep explained.
The project investor sent a letter to the People's Committee of Dien Bien ward regarding this issue. However, there has been no moves for settlement of the project from the competent authorities up to now.