Enforcement of judgment against Bach Dat An

On September 22, the Civil Judgment Enforcement Agency (CJEA) of Quang Nam province issued a press release on the enforcement of the judgment against Bach Dat An Joint Stock Company (address: Lot A7-21-22 Sentosa Riverside Urban Area, Dien Ban town, Quang Nam province).

According to the Department of THADS Quang Nam, in 2020, the People's Courts at all levels forced Bach Dat An Joint Stock Company to continue to implement the "Land deposit and distribution contract" No. 107/2017/HDĐCPP/BD-HNN dated July 10, 2017; "Land brokerage contract" No. 01/2017-SBDS dated July 24, 2017; "Land brokerage contract No. 14/2017/HDĐC/BDA-CN dated July 14, 2017 and "Minutes of agreement" dated May 23, 2019 between Bach Dat An Joint Stock Company and Hoang Nhat Nam Investment Joint Stock Company.

Hera Complex Riverside Urban Area - one of 3 disputed projects.

Bach Dat An Joint Stock Company is responsible for contacting the People's Committee of Quang Nam province, the Department of Construction of Quang Nam province, the Department of Natural Resources and Environment of Quang Nam province, and the People's Committee of Dien Ban town to carry out the land handover and procedures to grant land use right certificates to those with rights and obligations related to the case.

In the past, during the execution of the judgment, the Department of Civil Judgment Enforcement of Quang Nam province has repeatedly urged and requested Bach Dat An Joint Stock Company to voluntarily execute the judgment, but this enterprise did not voluntarily execute, violating the commitments on obligations on project implementation deadlines.

Up to now, Bach Dat An Joint Stock Company has not fulfilled its obligations stipulated in the land deposit and distribution contracts, as well as the minutes of agreement between Bach Dat An Joint Stock Company and Hoang Nhat Nam Investment Joint Stock Company.

The delay in executing the judgment of Bach Dat An Joint Stock Company in implementing the projects has seriously affected the rights of households recognized in the judgments, causing public outrage and affecting the local security situation.

Implementing the direction of the General Department of Civil Judgment Enforcement and the conclusion announcement of the Chairman of the People's Committee of Quang Nam province, on September 20, the Department of Civil Judgment Enforcement of Quang Nam province decided to enforce the judgment against Bach Dat An Joint Stock Company.

Accordingly, the Department of Land Administration of Quang Nam province forced Bach Dat An Joint Stock Company to execute the "Deposit and Land Distribution Contract" No. 107/2017/HDĐCPP/BĐ-HNN dated July 10, 2017; "Land Brokerage Contract" No. 01/2017-SBĐS dated July 24, 2017; "Land Brokerage Contract No. 14/2017/HDĐC/BĐA-CN dated July 14, 2017 and "Minutes of Agreement" dated May 23, 2019 between Bach Dat An Joint Stock Company and Hoang Nhat Nam Investment Joint Stock Company.

Enforcement date: October 25, 2023. Enforcement location: Bach Dat 1 Urban Area, Hera Complex Riverside Urban Area, 7B Urban Area Extension, Dien Ngoc Ward, Dien Ban Town.

"If by October 25, 2023, Bach Dat An Joint Stock Company does not comply with the above contents, the enforcement agency will issue a decision to fine and set a time limit of 5 working days to perform the obligation. If the deadline expires and Bach Dat An Joint Stock Company does not comply with the obligation to execute the judgment, the Enforcement Officer will request the competent authority to prosecute criminal liability for the crime of failure to comply with the judgment" - Quang Nam Provincial Department of Enforcement of Civil Judgments informed.

At many meetings with citizens of the People's Committee of Quang Nam province, representatives of households who bought land plots repeatedly expressed their anger towards the investor, Bach Dat An Joint Stock Company.

As reported by VTC News, 3 projects in Dien Ban town including: Urban Area No. 7B expansion, Bach Dat Urban Area and Hera Complex Riverside Urban Area have a dispute between Bach Dat An Joint Stock Company (investor) and Hoang Nhat Nam Investment Joint Stock Company (broker). This is considered the largest real estate dispute in the Central region with about 1,100 plots of land sold, earning about 700 billion VND.

After many trials from the first instance to the appeal, the People's Courts at all levels rejected the lawsuit of Bach Dat An Joint Stock Company, forcing this enterprise to continue to perform the contract, quickly implement the projects, and hand over land and red books to the people. However, to date, the investor has not yet handed over land and land use right certificates to customers who bought land at the project.

THANH BA

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