Name of recommendations: Solutions to the kiosks recovery of companies which have rented kiosks at the building N06 of Phap Van - Tu Hiep Urban Area.

Status: Has not been responded

Recommended by units: Cong Chinh Law Co., Ltd. (Cong Chinh Company)

Official letter: 2708 / PTM - VP, dated: 2017-10-20

Recommended contents:

Cong Chinh Law Co., Ltd (Cong Chinh Company) is providing legal consultancy for businesses which are renting kiosks at floor 1, N06 Building of Phap Van - Tu Hiep Urban Area, Hoang Mai District, Hanoi City of the Hanoi Housing Development and Management Co., Ltd

At present, the People's Committee of Hanoi City is planning to recover these kiosks by claiming that Hanoi Housing Development and Management Co., Ltd previously leased without the permission of the People's Committee. The businesses which have rented kiosks do not agree with this plan of the People's Committee because they have spent a lot of money and effort to rent and invest in kiosks. At present, while capitals are not timely got back, kiosks were withdrawn.  

Kioska rental businesses and Cong Chinh Company have lodged a complaint with the Hanoi People's Committee and submitted a complaint to the Government.’s Office on September 9, 2017, the Government’s Office has written in reply to the official letter No 9432 / VPCP-DMDN, with the content of transferring the case to the People's Committee of Hanoi City and  request for consideration, handling and reply to businesses.

To clarify the views of kiosks rental businesses and Cong Chinh Company on the case, Cong Chinh Company added the following comments:

According to the Cong Chinh Company, if the plan recovers the kiosk for rent by the People's Committee of Hanoi City will be carried out, this will have to recover hundreds of kiosks in the apartment buildings throughout the city that the Hanoi Housing Development and Management Co., Ltd has been leased, this will cause a great disturbance, destabilizing the inherent business environment, especially the rental establishments with the subjects that are enterprises who are supporting the policy of encouragement and priority of development of state enterprises.

At the building N06 of Phap Van - Tu Hiep Urban Area has 07 kiosks have been leased in this form. Kiosks rental businesses have discussed and agreed to propose common solutions for 07 kiosks. Accordingly, Cong Chinh Company was levied by seven businesses to propose to the People's Committee of Hanoi City for permission to apply a special mechanism for businesses to rent kiosks here are paid the amount of kiosks rent owing to the price bracket issued by the city, to allow kiosk rental businesses are leased and used for 07 kiosks. With an expectation that the their proposals will have a chance to be clarified for consideration and approval, the Cong Chinh Company would like to request the People's Committee of Hanoi City hold a meeting to exchange with kiosks rental businesses at the building N06 of Phap Van - Tu Hiep in the shortest time.

Public Company said the above proposed solution is to safeguard the interests of the State by creating a good source of revenue for the state budget, as well as maintaining social order and stability, maintaining a favorable investment and business environment. The acceptance of the proposed solution would be in line with the private sector's economic development strategy, contribute to strengthening the friendly relationship of the city’s authority in  receiving policy’s feedback, well accomplished the goal of building a tectonic government that receives consensus from the businesses.