- Can you tell us the procedure for reviewing the conditions for continued land use for 11 projects with violations after the inspection and examination conclusion ?
- According to the National Assembly's resolution, Khanh Hoa has 11 projects in Inspection Conclusion No. 250, dated September 11, 2020 of the Government Inspectorate that are subject to special policy mechanisms to remove difficulties. Of which, 5 projects have been allocated land by the Provincial People's Committee, leased land without auctioning land use rights, including: Luna Commercial Service Complex, Hotel and Tourist Apartment and Office for Lease Project; The Horizon Nha Trang Hotel Project; Hoang Phu Luxury Housing Project; Thien Trieu Complex Project; Cattiger High-rise Building, Office, Hotel Project (all located in Nha Trang City). At the same time, 6 projects have been allocated land by the Provincial People's Committee, leased land without bidding, including: The Arena Project; Cam Ranh Yacht and Resort Club Project; Evason Ana Mandara Cam Ranh & Spa Project; Eurowindow Nha Trang Luxury Eco-Tourism and Resort Project; Saigon - Cam Ranh Tourist Area Project (located in the Northern Cam Ranh Peninsula Tourist Area) and Muong Thanh Nha Trang Luxury Apartment Hotel Complex Project, No. 60 Tran Phu, Nha Trang.
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| Mr. Nguyen Minh Thu - Deputy Director of Department of Agriculture and Environment |
These projects will be reviewed according to the provisions of Decree 76, dated April 1, 2025 of the Government detailing Resolution No. 170 dated November 30, 2024 of the National Assembly on specific mechanisms and policies to remove difficulties and obstacles for projects and land in the inspection, examination and judgment conclusions in Ho Chi Minh City, Da Nang City and Khanh Hoa Province. Specifically, within 20 working days from the date the Provincial People's Committee issues the plan, the Department of Agriculture and Environment shall send a document to the Department of Finance, Department of Construction, Provincial Military Command, Provincial Police, People's Committees of Nha Trang City, Cam Ranh City and Cam Lam District (coordinating units) to seek opinions on the assessment of conditions for consideration of continued land use for 11 projects. Within 10 working days from the date of receipt of the document from the Department of Agriculture and Environment, the coordinating units shall send a document for synthesis. Within 7 working days from the date of receiving complete documents from the coordinating units, the Department of Agriculture and Environment shall prepare a dossier for submission to the Provincial People's Committee for consideration and assessment of the conditions for each project, draft decision, and opinions of the coordinating units attached. Within 5 working days from the date of receiving the submission with the dossier from the Department of Agriculture and Environment, the Provincial People's Committee shall issue a decision assessing the project's eligibility to continue using land and send it to the Department of Agriculture and Environment. In case the review results show that the project is not allowed to continue using land, the Provincial People's Committee shall issue a decision to send to the Department of Agriculture and Environment to carry out the procedures for land recovery similar to the procedures for land recovery due to violations of land laws.
- So after completing the review of the conditions for continued land use, what is the next step, sir?
- After the decision to evaluate the project as eligible for continued land use is made, the Department of Agriculture and Environment will advise on the organization to determine the land price. Specifically, for cases where the State allocated land from February 27, 2006 to before July 1, 2014, Decree No. 123 of the Government amending and supplementing a number of articles of Decree No. 188 dated November 16, 2004 on methods for determining land prices and price frames for land types and Circular No. 145 of the Ministry of Finance guiding the implementation of Decree No. 188 and Decree No. 123 of the Government will apply.
For cases of land allocation by the State from July 1, 2014 to before the effective date of Decree No. 76 dated April 1, 2025 of the Government, Article 9 of Decree No. 71 of the Government on land price regulations shall apply. For cases of land lease by the State from February 27, 2006 to before July 1, 2014, Decree No. 123 of the Government and Circular No. 145 of the Ministry of Finance shall apply. For cases of land lease by the State from July 1, 2014 to before the effective date of Decree No. 76, Article 9 of Decree No. 71 of the Government shall apply. The order and procedures for re-determining specific land prices for the above-mentioned cases shall comply with the provisions of Decree 71 of the Government.
The expected time to hire a land valuation consultancy for projects is 95 days. After receiving the land valuation results from the consultancy, the Department of Agriculture and Environment will review and submit the dossier to the Provincial Specific Land Valuation Council to organize the appraisal of the land pricing plan. After the Provincial Specific Land Valuation Council has a document on the results of the land valuation plan appraisal: In case the land valuation plan is approved, the Department of Agriculture and Environment will submit it to the Chairman of the Provincial People's Committee for consideration and approval of the specific land price for each project dossier; draft documents for the Provincial People's Committee to send to the State Audit to conduct an audit of land valuation, land use fee calculation, and land rent according to regulations. In case the land valuation plan has not been agreed upon, the Department of Agriculture and Environment will coordinate with the land valuation consultancy, complete it and submit it for re-appraisal; when the plan is approved, the same procedure will be followed as for projects whose land prices have been approved by the council.
After receiving the written report on the results of land price determination of each project sent by the Provincial People's Committee, the State Audit shall inspect the implementation of specific land price determination according to regulations. In case the State Audit agrees with the results, it shall send a written reply to the Provincial People's Committee to issue a decision on land price; in case of disagreement, it shall send a written reply to the Provincial People's Committee to direct the re-inspection of specific land price determination to complete the plan.
After completing the steps as mentioned above, based on the decision to approve land prices, the tax authority will calculate land use fees and land rent payable according to the provisions of Clause 4, Article 6, Decree 76 of the Government.
Thank you!
MANH HUNG (Implementation)
Source: https://baokhanhhoa.vn/xa-hoi/202505/11-du-an-co-sai-pham-qua-thanh-tra-duoc-ra-soat-thao-go-kho-khan-71e37c7/
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