Overview of thousands of square meters of land recently pointed out by the Government Inspectorate for violations in Hanoi
Thursday, October 17, 2024 08:42 AM (GMT+7)
The Government Inspectorate has just announced the conclusion of the inspection of the conversion of land use purposes from production and business to land trading and housing construction in the period 2011 - 2019 of State-owned enterprises and equitized enterprises. In which, many violations were clearly pointed out in some land plots of thousands of square meters in Hanoi .
Land area of 14,346 m2 on Phap Van Street, Hoang Liet Ward, Hoang Mai District, Hanoi City. This land is used by Phuong Dong Company to build the Phuong Dong Green Park project at No. 1 Tran Thu Do Street.
According to the conclusion, before equitizing the state-owned enterprise, the Agricultural Construction and Rural Development Corporation, the functional departments and branches did not prepare documents to submit to the Hanoi People's Committee for decision on land lease and signing of land lease contracts, which did not comply with the Prime Minister's direction.
Along with that, Hanoi City and the Agricultural Construction and Rural Development Corporation did not provide records and documents as the basis for leasing land and granting land use right certificates for 14,346 m2, which is not in accordance with Decree 43.
On the other hand, Vietnam Agricultural Construction Corporation - Joint Stock Company contributed 100% of capital to establish Phuong Dong Investment LLC to implement the project (in 2017), the capital contribution is mainly the use and commercial value of the right to use 14,375 m2 of leased land with annual land rent payment, which is not in accordance with regulations. This action led to the Hanoi People's Committee deciding to reclaim the land of Vietnam Agricultural Construction Corporation - Joint Stock Company, assign it to Phuong Dong Investment LLC to lease as an office headquarters, then allow Phuong Dong Investment LLC to change the purpose of using 14,346.6 m2 of land to implement the project of Housing, Office, Trade and Service Complex, which is not in accordance with the Land Use Plan in the Equitization Plan of the Agricultural Construction and Rural Development Corporation, approved by the Prime Minister.
Phuong Dong Green Park residential, office and commercial service complex project, No. 1 Tran Thu Do, has a prime location in Hoang Mai district, right next to Nuoc Ngam bus station and the gateway to Phap Van highway.
At the 6,365 m2 land plot at lane 622 Minh Khai, Vinh Tuy ward, Hai Ba Trung district, Hanoi, the Government Inspectorate said that on September 7, 2017, the Hanoi People's Committee issued Decision 6247 allowing Hanoi Food Import-Export Joint Stock Company to change the purpose of using 6,365 m2 of land to implement a commercial, service and high-rise apartment project (commercial name is Amber Riverside). In the photo is the Amber Riverside project.
On April 26, 2018, the Hanoi People's Committee issued Decision 2031 approving land prices as the basis for calculating annual land rent for an area of 2,520 m2 of the project according to the unit price of land for production and business in Decision 96/2014. This was recognized by the Government Inspectorate as not in accordance with the provisions of Circular 77/2014/BTC. Therefore, the determination of annual land rent is incorrect.
The Government Inspectorate recommends that the Hanoi People's Committee preside over and direct relevant departments and agencies to review and re-determine the unit price for calculating land rent, on that basis determining the rent for an area of 2,520 m2 belonging to the commercial, service and high-rise apartment project at lane 622 Minh Khai, Vinh Tuy ward, Hai Ba Trung district, to avoid budget loss.
With the State Capital Management Committee at Enterprises, the Government Inspectorate recommends that the Steering Committee direct the Northern Food Corporation to preside over and coordinate with the representative of state capital at the enterprise, the Board of Directors of Hanoi Food Import-Export Joint Stock Company to negotiate with Telin Joint Stock Company in the joint venture to implement the commercial service area and high-rise apartment project at this address to review and recalculate the capital contribution plan, product division, ensuring the interests of the state capital in the joint venture.
Currently, the first floor of the commercial, service and high-rise apartment complex (commercial name is Amber Riverside) is leasing many business premises.
According to the conclusion of the Government Inspectorate: The 2,291 m2 land plot at 120 Hoang Quoc Viet, Cau Giay District, Hanoi has many shortcomings and violations. Specifically, the change of land use purpose and the implementation of financial obligations, the Hanoi People's Committee approved the money to change the land use purpose of the high-rise housing, office and service project at 120 Hoang Quoc Viet not in accordance with the equitization plan of Vietnam Steel Corporation (VNSTEEL) approved by the Prime Minister. Currently, this land plot is surrounded by a corrugated iron fence.
This leads to the total land use fee payable to the budget of area A (932 m2) being nearly 57.6 billion VND lower than the land use right value approved by the Ministry of Industry and Trade in the enterprise value (GTDN) at the time of January 1, 2010 when equitizing VNSTEEL. The risk of reducing the equitized GTDN will lead to a corresponding reduction in the amount payable to the budget.
Currently, this land is being used as a car park, food stall, car garage... Based on the inspection conclusion, the Government Inspectorate requested the Ministry of Public Security to receive records and documents for consideration, investigation and handling according to the law for violations of the law at a number of projects in Hanoi City.
Pham Hung
Source: https://danviet.vn/can-canh-nhung-khu-dat-rong-hang-nghin-m2-vua-bi-thanh-tra-chinh-phu-chi-ro-sai-pham-o-ha-noi-20241016122722108.htm
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