ICD Long Bien has a total area of ​​about 12ha, of which the warehouse area is 50,000m2 with throughput capacity of about 135,000 Teus / year. Long Bien ICD was put into operation even though this project is located on an area of ​​land with many existing mistakes that have not been resolved completely. Internet photo. On July 31, 2020, the Ministry of Transport and Hateco Logistics Joint Stock Company (investor) held a ceremony to announce the decision to open Long Bien ICD and activate the port into operation. At that time up to now, the project has not completed legal procedures for the procedures of transferring land use rights and supplementing land use purposes. In the opinion that Hateco Logistics JSC put the port into operation on the land, there are many mistakes and complete procedures such as: transferring land use rights, supplementing land use purposes. and overall acceptance of fire prevention and fighting … On December 14, 2018, the Hanoi City Inspector reached the Conclusion No. 6059 / KL-TTTP-P3 on a comprehensive inspection of the project at 12ha land in Sai Dong B Industrial Park (Long Bien, Hanoi). . The conclusion is clear: The 12ha land area of ​​Sai Dong B Industrial Park (Thach Ban ward, Long Bien district) was assigned by the Prime Minister to Hanoi Electronics Company (now Hanel Joint Stock Company) according to Decision No. 193 / TTg on April 24, 1993 with a 50-year lease term to joint venture with foreign countries to build the Orion – Hanel shaped lamp factory. Orion – Hanel Image Lamp Co., Ltd is a joint venture between Hanoi electronics company and Orion Electric Co., Ltd – Korea established to produce monochrome and color shaped lamps; Vietnamese parties contribute 30% of the legal capital, in which the rent for the 12 ha land in 43 years is 15,400,000 USD; operation period is 50 years from the date of investment license. Long Bien dry port until 2025 or until Co Bi and Phu Dong dry ports are completed and put into operation. In 2004, after being granted a land use right certificate with a useful life of 50 years, Orion – Hanel Pictures Co., Ltd. mortgaged assets with the value of land use rights, factories, production lines. production of picture lamps… long-term credit loans of 23,000,000 USD at BIDV Bank – North Hanoi Branch to invest in building a factory to produce picture lamps No. 2, to expand production. However, due to ineffective business operation and prolonged loss, as of June 2008, the accumulated loss is 47,762,000 USD, the company is no longer able to pay debts and has to cease operations. On March 30, 2017, BIDV Bank – North Hanoi Branch signed a contract to sell all debts of Orion – Hanel Lighting Co., Ltd. to Hanoi Infrastructure and Architecture Construction Joint Stock Company. with the price 530,000,000,000 VND. Next, on December 19, 2017, Hanoi Infrastructure and Architecture Construction Joint Stock Company signed a contract to transfer land use rights and assets attached to the 12ha land plot to Hateco Logistics Joint Stock Company. price: 206,289,000,000 VND. At the meeting on August 19, 2020 on inspecting the implementation of direction and handling after a comprehensive inspection of the project at the 12-hectare land plot in Sai Dong B Industrial Park, Long Bien District, Mr. Nguyen Quoc Hung – Vice Chairman The Chairman of the People’s Committee of Hanoi has asked the Departments and units to urgently implement the contents of handling and overcoming after a comprehensive inspection of the project on the 12-hectare land area where Long Bien dry port is operating. The direction for handling and overcoming existing problems. However, up to now, Long Bien dry port is still in operation on 12ha land, ignoring Conclusion No. 6059 / KL-TTTP-P3.

Around 2009, his family asked to redeem the transferred land, but Ms. Hoi did not agree, he cut down the eucalyptus tree to build a house to live in. Seeing damage, he filed a lawsuit and the case was resolved by the People’s Court of Phu Tan district in 2011 and resolved by the People’s Court of An Giang province in 2012. After that, the People’s Court of Phu Tan district tried the second time and the results rejected the request. claiming his family’s LURC. Specifically, the court accepted a part of the request of Mr. Men, Mrs. Manh; recognizing the area of ​​Mr. Men, Ms. Manh transferred the land use right of 939.1 m2 to Ms. Le Thi Hoi; At the same time, he forced his family to dismantle, relocate the house, and return the area of ​​535.6 square meters of land to Ms. Hoi. Mr. Nguyen Van Men presented the case to An Giang Newspaper “When I transferred the land, my family did a“ land purchase and sale sheet ”but this paper later showed signs of repair, not true to reality. Although my family asked the court to reconsider the land sale paper, it was still not considered and resolved by the court of 2 levels. The land I sold before was only 700m2, now up to 939.1m2 of land and this balance must belong to my family ”- added Mr. Nguyen Van Men. Explaining this, Ms. Le Thi Hoi said that the amount of land she transferred from the family of Mr. Men, Mrs. Manh bordered the land with many people, now she still holds the land purchase and sale papers. The transferred land has a width of 17.50m, the length from the dam of the field to the edge of Provincial Road 954, although the area of ​​purchase of 700m2 of land, the actual measurement is 939.1m2 of land, and has been granted a LURC. The purchased land has a large tunnel pair of large rural roads and over the years of renovation, there is a surplus of land. After that, Mr. Men’s family self-renovated the land, bundled the foundation, down the stone pillars to build the house to take up the sold land. Since then, there have been disputes and lawsuits to many places and years. This case was considered and resolved by the court, without the fact that she forged papers like Mr. Men and Mrs. Manh’s family falsely accused. After many times the court considered and resolved, Mr. Men ‘s family believed that the injustice should continue to complain and initiate lawsuits. By January 23, 2016, high-level People’s Court in the city. Ho Chi Minh opened the cassation hearing to review the case. The results, cancel the previous first-instance and appellate judgments, hand over the case files to the People’s Court of Phu Tan district for first-instance trial according to regulations. On May 22 and 28, 2018, An Giang Provincial People’s Court tried appellately on “Dispute of the land use right transfer contract; claim land use rights and compensate for damage ”. The results, revising the first instance judgment No. 48/2018 / DS-ST dated February 27, 2018 of the People’s Court of Phu Tan district, recognizing the land use right transfer contract of 939.1 square meters on July 19, 1997 between Mrs. Le Thi Cheer and Mr. Nguyen Van Men, Ms. Nguyen Thi Manh. Because the appellate judgment takes legal effect, then the case has been executed in accordance with law. The Men family continued to appeal to many places. On 10-10-2019, the high-level People’s Court in the city. Ho Chi Minh issued a notice not to accept the appeal according to the cassation procedure of the family of Mr. Men, Mrs. Manh. On August 24, 2020, the High-Level People’s Procuracy in the city. Ho Chi Minh issued a notice on the non-appeal of cassation review to the An Giang People’s Court’s Judgment No. 106/2018 / DS-PT dated May 28, 2018 due to no basis for consideration and resolution. Lawyer Tran Ngoc Ban (An Giang Province Bar Association) said that the People’s Court implements a two-level system of first-instance and appellate trials. The first-instance judgments or decisions that are not appealed or protested within the prescribed time limit shall become legally effective. For first-instance judgments or decisions that are appealed against or protested, the cases are subject to appellate trial and the appellate rulings take legal effect. However, in the trial process, there are many reasons for the inaccurate point of the judgment or decision in effect. In order to ensure the trial work and the protection of the involved parties’ legitimate rights and interests, legally valid and erroneous judgments and decisions must still be protested for re-consideration according to cassation procedures. or reopening. Cassation and reopening procedure is not a trial level, it is only the procedure for reviewing effective judgments or rulings due to errors or violations of law; or discovering new and important details of the case that the court and the involved parties do not know or know. Posts, photos: NR