The People's Committee of Khanh Hoa province lost the lawsuit against the enterprise.

(NLĐO) - The Khanh Hoa Provincial People's Court has ruled in the first instance to overturn the decision of the Khanh Hoa Provincial People's Committee regarding the approval of land prices at the request of the enterprise.

On the morning of February 20th, the Khanh Hoa Provincial People's Court announced its first-instance verdict in the administrative lawsuit between the plaintiff, Ha Quang Real Estate Joint Stock Company (Ha Quang Land), and the defendant, the Khanh Hoa Provincial People's Committee.

After deliberation, the panel of judges announced its decision to accept the plaintiff's claim and annul the administrative decisions, including Decision 2282 dated August 2024 approving specific land prices for calculating land use fees and land lease fees payable for the Le Hong Phong II project, and Notices 11456, 11596, and 11573 of the Tax Department.

The Khanh Hoa Provincial People's Court ruled in favor of Ha Quang Land's lawsuit.

Accordingly, the panel of judges determined that the process of determining the land price of the Le Hong Phong II urban area was carried out at a time when Article 37 of Decree 71, which stipulates the surplus method, had already come into effect on June 27, 2024.

However, on July 31, 2024, the Department of Natural Resources and Environment submitted to the People's Committee of Khanh Hoa province Decision 2282 (attached the Minutes of the meeting of the Provincial Land Valuation Council, and documents issued by the valuation consulting unit), but these agencies and organizations did not apply Article 37 of Decree 71.

This has resulted in the locality still applying the surplus method to determine land prices for the project, as stipulated in Decree 12, which is no longer in effect.

Based on Decision 2282, the Provincial Tax Department issued Notices 11456, 11596, and 11573, requiring the investor to pay over 1.245 billion VND in land use fees and land lease fees for the project.

Based on the above grounds, the court declared Decision 2282 and the three notices of the Khanh Hoa Provincial Tax Department null and void.

The Le Hong Phong II Urban Area project has not yet received a land use right certificate.

In 2004, the Khanh Hoa Provincial People's Committee initially allocated 100 hectares of land to Ha Quang Land for the Le Hong Phong II project. In 2015, the Provincial People's Committee revoked that decision and issued a new one, reallocating over 51 hectares of land to Ha Quang Land for the Le Hong Phong II project.

Since then, the land price for the project has not been determined. It wasn't until August 29, 2024, that the People's Committee of Khanh Hoa province issued Decision 2282 approving the land price for calculating the land use fee and land lease fee payable for the Le Hong Phong II project.

Previously, the Nguoi Lao Dong newspaper reported that hundreds of households in the Le Hong Phong II urban area have not been granted land use rights certificates or property ownership certificates for decades because the Khanh Hoa Provincial People's Committee has not yet approved the land use fee for the project, and the investors have not fulfilled their financial obligations.

Source: https://nld.com.vn/ubnd-tinh-khanh-hoa-thua-kien-doanh-nghiep-19625022018304701.htm