Failure to hand over the land use right certificate will result in its cancellation.
On January 25th, information from the Ho Chi Minh City Land Registration Office indicated that on January 10th, the office had issued a document requesting Vina Alliance Co., Ltd. (Vina Alliance Company) and Vietnam Tobacco Company, now Vietnam Tobacco Corporation - Limited Liability Company (Vinataba) , to urgently hand over the original Land Use Right Certificate for the 30,972.7m2 plot of land, parcel number 38, map sheet number 10, located at 152 Tran Phu Street, Ward 4, District 5, Ho Chi Minh City ( referred to as the 152 Tran Phu property ) . This is one of the prime land plots in District 5 with three street frontages on Tran Phu, Le Hong Phong, and Tran Nhan Tong streets.
Announcement from the Ho Chi Minh City Land Registration Office.
The document states that if Vina Alliance and Vinataba still fail to hand over the original land use right certificates within 10 days of this document's issuance, the Ho Chi Minh City Land Registration Office will submit a request to the Department of Natural Resources and Environment to revoke and cancel the land use right certificates.
Previously, on October 25, 2023, the Ho Chi Minh City People's Committee also issued a decision to revoke the land plot. The reason given by Ho Chi Minh City for the revocation was the violation of the law in transferring the aforementioned land plot without permission from the Prime Minister, as stated in the inspection report of the Government Inspectorate . This inspection report was publicly announced by the Government Inspectorate in Notice No. 1871/TB-TTCP dated October 20, 2022, regarding compliance with the law in the management and use of capital and assets, divestment and restructuring at Vinataba. The basis for the revocation is in accordance with point d, clause 1, Article 64 of the 2013 Land Law on land that cannot be transferred or gifted.
The Ho Chi Minh City People's Committee requires Vina Alliance and Vinataba to hand over the land to the Land Fund Development Center for reception and management according to regulations. At the same time, they must hand over the original land use right certificate to the Ho Chi Minh City Department of Natural Resources and Environment for management according to regulations. After the land is reclaimed, the Ho Chi Minh City Department of Natural Resources and Environment will direct the Land Registration Office to update and revise the land database and cadastral records according to regulations. They will also coordinate with relevant departments and units to advise and propose a land use plan to the Ho Chi Minh City People 's Committee .
Significantly, the Government Inspectorate's conclusion notice clearly states that the Government Inspectorate recommended that the State Capital Management Committee at enterprises take the lead, in coordination with the Ministry of Finance, the People's Committee of Ho Chi Minh City, Vinataba, and other relevant ministries and agencies, to recover the land and property at 152 Tran Phu and handle any issues arising during the process.
During the implementation process, if any signs of criminal activity are detected, or if the recovery is not completed by December 31, 2023, the case will be transferred to the investigative agency of the Ministry of Public Security for investigation and handling in accordance with the law.
Transfer of prime land plot in violation of regulations.
According to documents obtained by PV, in 2008, the Ho Chi Minh City People's Committee allowed Vinataba to change the land use purpose of the aforementioned plot to build an office building, commercial and service center, hotel, and luxury apartments. The land was subsequently granted a Certificate of Land Use Rights by the Ho Chi Minh City Department of Natural Resources and Environment in 2009 to Vinataba .
This is one of the prime real estate areas in District 5, with three street frontages on Tran Phu, Le Hong Phong, and Tran Nhan Tong streets.
In 2008, Vinataba and Saigon Tobacco Company decided to pool capital with partners including Vinataba Trading and Investment Joint Stock Company (a member of Vinataba), Do Thanh Viet Limited Company, and Dream House Construction and Trading Joint Stock Company (now DRH Holdings Joint Stock Company) to implement a project at the property located at 152 Tran Phu. These members established Vina Alliance Limited Company, with a charter capital of 880 billion VND , to carry out the project.
However, the shareholder structure of Vina Alliance began to change as the founding shareholders gradually divested from the project. Notably , Vinataba and Saigon Tobacco Company ( a member of Vinataba) also simultaneously transferred their shares in Vina Alliance to Son Dong Company Limited. Following these transfers , Vinataba and Saigon Tobacco Company completely divested from Vina Alliance .
Regarding this case , the inspection report from the Government Inspectorate clearly stated that it had pointed out several shortcomings and limitations in the management and use of capital and assets at Vinataba. These included violations in the actual capital contribution to the property at 152 Tran Phu .
In this project, the inspection report from the Government Inspectorate clearly stated that Vinataba had failed to re-evaluate its assets, which is contrary to regulations on the management of state-owned enterprise assets; acted contrary to the Prime Minister's directives ; violated the law on the transfer of assets of enterprises wholly owned by the State; and failed to auction the land use rights, posing a risk of loss of state and enterprise funds.
The Government Inspectorate 's inspection report clearly states that the responsibility for the violations and shortcomings lies with the Board of Members, the Chairman of the Board of Members, the General Director, and the leadership of the Vietnam Tobacco Corporation.
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