The Toan My Co., Ltd received a Document No. 8423 / UBND-D3 dated November 23, 2017 of the People's Committee of Hai Phong City on the settlement of the recommendation of the Toan My Co., Ltd when implementation of ceasing construction project of the inland waterway wharves and materials gathering yard in Tan Duong Commune, Thuy Nguyen District; Accordingly, the contents: "The Company did arbitrarily leveling and construction of works without a construction permit and not handed over land for project implementation was a violation of law; The People's Committee of the City would not consider the settlement of company' recommendation on compensation for ground clearance, ground leveling and construction property on the land for project execution; The People's Committee of the City would only consider and refund the land rental of the company".

After studying the provisions of the law on land and the above-mentioned contents; the Toan My Co., Ltd. presented the project and recommendations as follows:

1. The Toan My Co., Ltd. strictly followed the land lease’s procedures for investment in the construction of inland waterway landing areas and construction’s material gathering yard: (the project serve the project)

- On February 28, 2014, the Toan My Co., Ltd. issued a Document No. 01 / CV-TM on the proposal to lease an alluvial ground along the Cam River with an area of ​​about 3 hectares for a materials gathering yard in Tan Duong Commune which serve needs of construction’s material of the VSIP Urban and Industrial Zone Project to increase inland waterway transport, reduce road load and damages to the road, contribute to reducing traffic congestion and traffic accidents passing the Binh Bridge, the Route 359 in Thuy Nguyen District;

- On July 07, 2014, the People's Committee of Danang City has a Document No. 4868 / UBND-TL on extending the construction’s material gathering yard of the Toan My Co., Ltd.

- On August 7, 2014, the Department of Planning and Investment issued a Document No. 1219 / KHDT-CNDV replied on the consultations with departments, sectors and Thuy Nguyen District People's Committee on the proposal of the Toan Co., ltd  on  the investment in construction of material gathering yard in Tan Duong Commune, Thuy Nguyen District, Hai Phong City;

- After seeking consultations, on September 25, 2014, the Department of Planning and Investment issued a Document No. 1398 / KHĐT-CNDV on the summing up opinions of departments and sectors that requested the City People's Committee to allow the Toan My Co., Ltd to invest and build a material gathering yard in Tan Duong Commune; City People's Committee issued a document No. 7489 / UBND-TL dated October 03, 2014: Agreed to allow the Toan My Co., Ltd to lease the land area of ​​about 3 hectares in the construction’s material gathering yard with the aim of supply granted to VSIP’s project, the lease term was 05 years; The extension of land lease would be considered on the basis of the actual situation of the planning of the North Cam River urban area that required the company to ensure the safety of dykes and drainage floods against landslides according to the comments of Department of Agriculture and Rural Development in the Document No. 440 / SNN-ĐĐ dated May 27, 2014;

- On January 27, 2015, the People's Committee of Thuy Nguyen District issued a Decision No. 172 / QĐ- UBND approving the detailed plan of 1/500 investment projects on the construction of inland waterway wharves’ works and the material gathering yard in Tan Duong Commune with a total land area of ​​36,720 m2, reinforced foundation +2.41 m; in which: Land for construction of 200 m2, greenery land of 5,626.47 m2, land for material warehousing of 18,335.86 m2, Land for the traffic of 11,098.67 m2, land for port of 1,459 m2 and land for construction of traffic roads of 1,866,45 m2; built traffic roads from 359A Road to the inland waterway wharves and the gathering material yard with cross-sections of 11.5m; the internal road with section 9 m;

- On February 14, 2015, the Department of Planning and Investment No. 184 / GBN-KHDT on issuing a receipt for investment registration for the Toan My Co Ltd;

- On June 10, 2016, the Toan My Co., Ltd had a Document No. 08 / CV-Cty proposed the City People's Committee to pay a lump sump land rent for first stability period of 05 years;

- On June 22, 2016, the People's Committee of Danang City issued a Document No. 3900 / VP-EA2 on land rent payment for the first stability period of 5 years as proposed by the Toan My Co., Ltd.

- On August 15, 2016, the Department of Natural Resources and Environment issued a Document No. 397 / TTr-STNMT regarding the determination of specific land prices on commercial and service land for land rental’s calculation to the Toan My Co., Ltd. for s first table period of 5 years;

- On December 2, 2016, the People's Committee issued a Decision No. 3024 / QD-UBND on The Toan My Co., Ltd to lease land in Tan Duong Commune, Thuy Nguyen District, Hai Phong City to implement the project. Investment projects on the construction of inland waterway wharves and material gathering yard, the land area of ​​36,720 m2, the land lease was duration of 5 years, the payment of land rental for stable period of 5 years was VND 1,674,215,000 (for renting land since the date of land lease’s decision of the City People's Committee has been being from December 2, 2016 to December 2, 2021);

- On December 8, 2016, the City Tax Department issued a document No. 6148 / TB-CT on the notice of land rental of 36,720 m2 with the amount of VND 1,674,215,000 (the land lease term of 05 years has been being from December 02, 2016); On December 22, 2016, the  Toan My Co., Ltd completed the payment of the above land rental to the city’s budget;

* Thus, on the process of leasing land, the Toan My Co., Ltd. implemented regulations, paid the land area of ​​36,720 m2 in 05 years of first stable period with the amount of VND 1,674,215,000 according to the Decision No. 3024 / QD-UBND dated December 2, 2016 of the People's Committee of the city.

2. The execution of investment in construction of inland waterway wharves and material gathering yard in accordance with regulations:

After the Toan My Co., Ltd was leased land by People's Committee at the Decision No. 3024 / QĐ-UBND dated December 2, 2016; based on the Decision No. 172 / QD-UBND dated January 27, 2015 of the People's Committee of Thuy Nguyen District approving the detailed plan 1/500 of the investment project on construction of inland waterway wharves’ works and material gathering yard in Tan Duong Commune to carry out ground leveling and construction’s investment project on the land area was hired 36,720 m2, ensured timely construction’s gathering materials for the work such as the project of urban and industrial VSIP and some key projects of the city in Thuy Nguyen District;

In parallel with the gathering and transporting materials, the Company  issued a Document No. 22 / TTr-CT dated December 5, 2016 to report to the Department of Agriculture and Rural Development applying for permission to build some items of internal waterway wharves. On January 20, 2016, the Department of Agriculture and Rural Development submitted a report No. 10 / TTr-SNN to the People's Committee for permission to build some temporary works on the embankment Cam River: (i) Inland waterway wharves: reinforced concrete of floor structure on pile’s height  of landing surface + 2,61 m; (ii) the material gathering yard: high leveling and premises reinforcement of material gathering yard + 2.40m on the total area of ​​61.972 m2; accordingly, according to the opinions of the Department of Agriculture and Rural Development, the Company has implemented capital investment to fill and reinforce the ground to increase the area that the Company is hired (36,720 m2) is 25,252 m2, this area is granted a red book; At the same time, the company also sent the Department of Transport a dossier for opening the port and the documents applying for the permit of construction of inland waterway wharves, which was approved by the Department of Transport No. 2654 / SGTVT-HTGT & ATGT dated December 07, 2016. On behalf of the Toan My Co., Ltd, on January 4, 2017, the Department of Transport issued a License for operation of inland waterway wharves No. 37 / GPBTND for the Company with operating period from January 4, 2017 to January 4, 2018.

3. Regarding the Document No. 8423 / UBND-D3 dated November 2017 of the People's Committee of Hai Phong City

Immediately after being leased by the People's Committee, the Toan My Co., Ltd actively took the initiative in quickly grasping the opportunity and investing in capital of over 60 billion dong after being approved by the City People's Committee for land lease (the land rental of VND 1,674,215,000 was fully paid into the budget on December 22, 2016) in order to focus on the construction of the inland waterway wharves and  the construction’s material gathering yard in Tan Duong Commune, Thuy Nguyen District; because  of investment in the construction of the wharves and adjacen yards  to the Cam River’s water surface required the construction before the rainy season to ensure the quality of works and ensure the progress of the project. This is a short-term project; Thus, the company has actively carried out the direction of the Party Committee, the City People's Committee in the process of implementation of  many projects in the city that always require the investor to urgently execute constructions of the project to put into use;

On April 17, 2017, the People's Committee of Thuy Nguyen District issued a Notice No. 113 / TB-UBND and an Official Letter No. 2581 / UBND-Đ1 dated May 9, 2017, of the People's Committee of the City on the recovery of land for the implementation of the investment project to build technical infrastructure of the new urban area of the North of Cam River; The company strictly abided ceasing the constructions in progress of the project to implement the land recovery according to opinions of the People's Committee of Hai Phong City.

 Thus, Toan My Co., Ltd has been leasing land for a stable period of 05 years from December 2, 2016 to December 2, 2021, but by the time of notice of land acquisition was still in the land lease term over 4 years Moreover, it has affected the business plan, workers lose their jobs, economic contracts with the projects construction’s units and supplying construction material’s units are uncompleted , ... cause damages to the operation of the Company that has invested a big amount of capital to implement the project; (Because: when the company has implemented inland waterway wharves project and the material gathering yard, the company has taken a lot of time, efforts and the big amount of investment capital to compensate the ground clearance, development of warehousing’s project items, exploitation of raw materials and means of transport with associated joint ventures ... to concentrate the investment in this project);

According to Article 75, Article 80, Article 81, Article 88 and Article 89 of the Law on Land, Article 9 of Decree No. 47/2014 / ND-CP, Article 11 of Decision No. 2680/2014 / QD-UBND of the People's Committee of Hai Phong City that works belong to  the construction project of the internal waterway wharves and the material gathering yard of the Toan My Company are subject to be compensated as well as resettlement for the project when the State recovers the land. On April 20, 2018, the People's Committee of Thuy Nguyen District issued a Document No. 583 / UBND-PTQD to submit to the People's Committee of the City on compensation for ground clearance for The Toan My Co., Ltd when recovering land of implementation of Cam River project. However, in the Document No. 8423 / UBND-D3 dated November 23, 2017 of the office of the People's Committee of the City on the recovery of land that the company hired above, with the content: "Does not consider the settlement of the recommendations of  businesses on compensation for site clearance, ground leveling and construction property on the land for project implementation.".

4. Recommendations of the Toan My Co., Ltd:

- To approve the Toan My Company to lease 01 land area of ​​4 - 6 ha, located inside and outside Cam River dyke in Kien Bai Commune and Hoang Dong Commune, Thuy Nguyen District, Hai Phong City; (or something similar)

- To compensate for the Toan My Company for the cost of site clearance, cost of leveling, construction property on the land can not be moved.

- To assist moving expenses for moving assets out of the project.

- To refund the entire amount of land rent paid to the State’s budget and loan interest that the Company has invested capital to implement inland waterway wharves project and material gathering yard in Tan Duong Commune, Thuy Nguyen District to encourage businesses to comply with the Resolution No. 19 / NQ-CP dated April 28, 2016 and the Resolution No. 35 / NQ-CP dated May 16, 2016 of the Government on support and development of businesses.  To create favorable conditions for businesses to invest in and improve their business . It is the goal of the Government to create business to serve, to create favorable conditions and to ensure stability for businesses to invest, to improve the business environment in a more favorable manner, to solve difficulties for businesses, increasing competition capacity for businesses in investment for socio-economic development.