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Proposing the Prime Minister to handle violations of the case of townhouses in the central district with 4 basements

The Ministry of Construction has just sent a document to report to the Prime Minister on the reflections and recommendations of households in Lane 15, Son Tay Street (Ba Dinh District, Hanoi) about the Ba Dinh District People’s Committee granting permits. built for individual housing projects at Lot B3, Son Tay street with 5 floors and 4 basements.

Accordingly, people reflected and recommended 6 contents, the Ministry of Construction answered in detail 5 contents, 1 content did not belong to the functions and tasks, so the verification was not carried out.

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The licensing agencies of the Hanoi People’s Committee issue permits when the authority is unknown, granting the wrong content (the document states that the work is in the alley but the traffic is on Tran Phu street)

As for the reflection, the issuance of a construction permit (GPXD) in this project is beyond its authority because the district level is not licensed to build on the main streets of Ba Dinh district, the Ministry of Construction said, in official dispatches. 3241 and 400 of the Hanoi People’s Committee compared with the regulations on works facing Tran Phu street under the licensing authority of the Department of Construction, other individual housing projects under the authority of the People’s Committee of Ba Dinh district.

However, during the construction process, there were conflicts with the criteria for licensing authority, but the People’s Committee of Ba Dinh district did not consult the Department of Construction before settling.

Ministry of Construction According to the assessment, the licensing agencies of the Hanoi People’s Committee have not clearly agreed that the licensing authority belongs to the Department of Construction or to the People’s Committee of Ba Dinh district at the time of granting and adjusting the construction permit.

Therefore, the Hanoi People’s Committee must be responsible for redefining the licensing authority, assigning the competent agencies to revoke (if any), grant and adjust permits in accordance with regulations. Report of the Ministry of Construction stated.

Regarding the reflection that the issuance of a construction permit for a separate house with 4 basements with a depth of 13.2m is not safe, according to the Ministry of Construction, this is a work that the construction permit agency must consider safety factors (in terms of bearing capacity). force, environmental protection, fire and explosion prevention, escape in case of incidents…) must be ensured before a construction permit is granted.

Based on the construction permit and construction permit application, the Ministry of Construction finds that there is “not enough basis” to comment that the work has ensured safety according to the provisions of Point b, Clause 1, Article 93 of the Law on Construction No. 50/2014/ QH13.

Because the work has 4 basements, when granting a construction permit, the licensing agency must assess the safety conditions for the works and neighboring works and the requirements for environmental protection and fire prevention in accordance with regulations. .

After re-determining the authority of the licensing agency, the Hanoi People’s Committee assigns the licensing agency to re-evaluate to ensure compliance with regulations.

For content that reflects work Construction license 4 basements beyond the construction limit of 50m2, the Ministry of Construction asked the Hanoi People’s Committee to direct the actual inspection of concrete walls and working floors outside the construction limit to determine that they are part of the construction site. main process or temporary construction works for construction.

If it is a part of a main work, it must be handled according to regulations on violations of construction order; if it is a temporary construction work, it must be handled according to the provisions of the law on construction of temporary works. Building comments.

Regarding the complaint that the People’s Committee of Ba Dinh District issued the permit against the approved plan, according to the Ministry of Construction, the Hanoi People’s Committee is responsible for directing the inspection and clarifying the difference in construction density in the granting of construction permits. Construction permit for the project…

Based on the inspection and verification results, the Ministry of Construction proposed the Prime Minister to direct the Hanoi People’s Committee to review the responsibilities and handle violations of organizations and individuals related to the issuance of permits when their competence is unclear. permission, wrong content of license (the document states that the work is in the alley but the traffic is on Tran Phu street). No mention is made of keeping the existing fence adjacent to Tran Phu street and the entrance to the work in the content of the construction permit.

As well as the act of breaking the fence of the existing project to open the way to Tran Phu Street, the building permit is granted in excess of the allowable construction density. No dismantling is required for temporary construction works serving the construction of main works in the construction permit…

Related to this work, like VietNamNet Information, on September 24, 2019, Mr. Ta Nam Chien, Vice Chairman of Ba Dinh District People’s Committee (currently Chairman of Ba Dinh District People’s Committee) signed a construction permit (GPXD) number 447 for the project “private housing”. odd” at plot B3 (area of ​​311.7m2) for Mr. Le Cong and Ms. Luong Thi Lan Anh with 5 floors + 1 basement, with the height of the work from the pavement of Tran Phu street to the roof of the building is 19 ,35m2 (total construction floor area is 1,420m2).

After only 3 months (December 19, 2019), Mr. Ta Nam Chien again signed Construction License No. 617, adjusting the content of Construction License No. 447.

At this construction permit, the work is adjusted to 5 floors + 4 basements. Thus, according to the first building permit, at this adjustment, the work is licensed to 4 basements (additional 3 basements compared to the original 1 basement – PV), the total adjusted construction floor area is 2,223,1m2 ( in which the total basement floor area is 1,070.8m2, accounting for nearly half of the work area).

According to the adjusted design plan, the construction plan is designed with 4 basements with the use of basements, including 4 basements for cars; Basement 3 and 2 are storage and technical areas and basement 1 is for motorbikes. The height of all basements is 3.3m.

Since September 2020, the Prime Minister has requested the Hanoi People’s Committee to examine and handle complaints and recommendations of households in accordance with the law, respond to households and report to the Prime Minister. general results resolved.

Conveniently style

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The townhouse has 4 basements located on the street, the district reports the permit in the alley

According to the report and explanation of the People’s Committee of Ba Dinh district, the licensed work is located in an alley on Son Tay street, but the license drawing shows the door to the house and the entrance to the garage with direct traffic to the street. Tran Phu…

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