Regarding the case of a hotel owner in Nha Trang City who built extra floors and was 'accused' of being arbitrarily sold by the enforcement force, on the afternoon of November 27, Tuoi Tre Online contacted the leaders of the company responsible for demolishing the violating floors of the above hotel to discuss some contents.

Iron, steel, fire protection systems... after demolition are solid waste?

Mr. Dang Thanh Binh - Director of Thanh Binh Construction Service Development Company Limited - said that in the plan to demolish 5 illegal floors at the hotel project, when demolishing the floors, waste will be generated, the company is responsible for collecting and handling it immediately to ensure safety during the construction process.

According to Mr. Binh, the construction unit's task is to demolish, collect, transport waste and garbage, and gather them in the right place.

Regarding the hotel owner's claim that the demolition unit of the violating floors and the Loc Tho ward government sold all the iron, steel, fire protection system, air conditioning copper pipes... during the demolition of the violating floors, Mr. Binh said that it was solid waste and he did not care about that accusation.

"All the trash that is broken down, I have it transported away to be thrown away. I sell it or not. That is all the trash. To be exact, it is solid waste and all of it must be thrown away. I only work within the scope of the violation, I cut that part of the construction density, I cut, chisel the concrete, the iron will come out and I am responsible for collecting it and handling it" - Mr. Binh said.

It is necessary to clarify whether or not there was any sale of recovered iron and steel when implementing the enforcement decision.

Analyzing the above case, lawyer Nguyen Hong Ha (Khanh Hoa Province Bar Association) said that in the immediate future, the authorities need to verify whether or not there was any sale of recovered iron and steel when implementing the enforcement decision.

According to lawyer Ha, according to current law, the Chairman of the People's Committee of Loc Tho Ward is the individual assigned to organize the enforcement of the decision of the People's Committee of Nha Trang City, and is also the person responsible before the law and the People's Committee of Nha Trang City if he does not comply with the provisions of Decree 166/2013/ND-CP dated November 12, 2013 of the Government regulating the enforcement of decisions on administrative sanctions.

Regarding the transfer of assets (not subject to seizure), the ward People's Committee Chairman must comply with the provisions of Clause 5, Article 34 of the above Decree.

During the process of compulsory demolition at the construction site, if iron, steel... materials recovered from the construction site are collected, these are the property of the person subject to compulsory demolition. These materials must be gathered at the designated place according to the approved demolition plan for the violating construction site.

Thanh Binh Construction Service Development Company Limited is the unit responsible for demolishing the violating floors of the above hotel and must comply with the plan and content of the contract with the Ward People's Committee, under the supervision of the Ward People's Committee, and must not arbitrarily collect materials for sale without the consent of the competent authority.

Mr. Huynh, the subject of the enforcement, has paid in full the enforcement costs and the costs of purchasing equipment to clean up the hotel's extra-floor construction, totaling more than 1.78 billion VND according to the notice of the Ward People's Committee. Therefore, the Ward People's Committee is responsible for returning the property to Mr. Huynh in accordance with the law.

"Mr. Huynh's accusation provided evidence that the people who carried out the enforcement sold all the steel, fire protection pipe systems... right at the construction site to scrap buyers. If this accusation is true, then the arbitrary sale of all the steel is a violation and needs to be verified, investigated and handled to recover and return it to Mr. Huynh's family," said lawyer Ha.

Lawyer Ha also said that during the process of verifying the accusation, if signs of crime are discovered, the authorities must transfer the case to the investigation agency for settlement according to criminal procedure law.