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The Government Inspectorate has pointed out numerous land-related violations in various projects.

Báo Tài nguyên Môi trườngBáo Tài nguyên Môi trường12/06/2023


Inspections of 16 land-use projects (including reciprocal projects in BT projects) revealed several limitations, shortcomings, and violations.

Specifically, 7 out of 16 projects have limitations and shortcomings in planning work. Among them, the Project for Investment, Construction and Business of Infrastructure for Residential and Commercial Services in the North of Ninh Giang Town, Ninh Giang District, has inadequate detailed construction planning, requiring numerous adjustments. The adjustments are fragmented, and the preparation, appraisal, and approval of the adjusted plan are slow and protracted, significantly impacting the investment and construction progress.

At the Dai An II Residential Area Project in Tu Minh Ward, Hai Duong City, the planning process has been prolonged, involving adjustments to the land lease structure and boundaries, but the procedures for land acquisition have not been carried out in a timely manner. This has led to delays in selecting the project investor, reducing the efficiency of land use.

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The Government Inspectorate's conclusion points out a series of land-related violations in Hai Duong.

The inspection report concluded that 13 out of 16 projects had limitations and shortcomings such as: Delays in approving land prices and determining additional land use fees when adjusting planning or allocating additional land; determining land use fees and land lease fees as provisional calculations, approving land prices for areas of land not yet allocated; delays in adjusting land lease unit prices after the 5-year stabilization period; failure to specifically determine the area of ​​each type of land leading to inconsistent land areas subject to land lease fees...

Of these, four projects have been allocated land for over a year but have yet to have land prices approved or financial obligations related to land determined: the Dai Son Urban Area Project in Cong Hoa Ward, Chi Linh City; the Investment, Construction and Business of Infrastructure Project for the Residential, Service and Commercial Area North of Ninh Giang Town, Ninh Giang District; the Residential, Service and Commercial Area Project North of Phu Thu Town, Kinh Mon District; and the Residential Area Project East of Tran Hung Dao Street, Sao Do Ward, Chi Linh City.

Seven out of sixteen projects had limitations, shortcomings, and violations in the approval of land prices and the determination of financial obligations related to land, such as: the determination of the total investment cost of the project included some inappropriate costs or still included value-added tax (VAT) in the total technical infrastructure costs of the assumed development costs to calculate land use fees using the surplus method, resulting in additional land use fees payable; delays in determining the volume and appraising the cost estimates for some items with provisional investment values.

Failure to implement land management procedures and the absence of land lease contracts have led to the failure to determine and collect land lease fees in a timely manner; in particular, some projects have incorrectly determined land use fees at the time of land allocation or actual land handover, such as the North 52m Road Residential Area Project, part of the Investment Project for the Construction of the Western Commercial - Tourism - Cultural and New Urban Area in Hai Duong City, using land funds to generate capital for infrastructure construction.

Of these, 4 out of 16 projects had limitations, shortcomings, and violations regarding procedures, such as: conducting bidding to select investors without reporting to the Hai Duong Provincial People's Council for approval of the list of land-using projects requiring investor selection; land acquisition for projects without completing the procedures for rearranging and handling public assets as prescribed; delays or failure to complete land allocation and handover procedures on-site to the investor after land clearance was completed; and delays due to obstacles in land clearance.

4 out of 16 projects had limitations, shortcomings, and violations of construction regulations, such as: Project investors organizing construction without obtaining a construction permit; failing to carry out procedures for mineral exploration, exploitation, or mine closure in the project area.

Specifically, at the Dai An II Residential Area Project, Dai An Joint Stock Company, which is temporarily managing the land in the project area and has not yet been officially selected as the investor, has proceeded with the construction of technical infrastructure and the building of houses on some plots of land, violating regulations on land management, use, and construction order.

In addition, there are several other projects with limitations, shortcomings, and violations, such as: In the Dai An Expanded Industrial Park Infrastructure Construction and Business Investment Project, the Hai Duong Provincial Industrial Parks Management Board issued and amended Investment Registration Certificates to investors but did not fully include information on project progress and investment incentives as required; some projects issued Land Use Right Certificates for residential land to project investors with long-term land use rights, which is not in accordance with regulations;…

The limitations, shortcomings, and violations in the management of investment in construction and land use mentioned above are the responsibility of the Chairman and Vice-Chairman of the Hai Duong Provincial People's Committee in charge of the field during the period 2016-2020 and related periods; the Directors and Vice-Directors of Departments and sectors in charge of the field; and the Chairmen and Vice-Chairmen of the People's Committees of districts, cities, and towns in charge of the field during the period 2016-2020 and related periods, the inspection report clearly states.

The Natural Resources and Environment Newspaper will continue to provide updates.



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