Consider terminating hotel project on 'golden land' in Tuy Hoa due to incorrect procedures

The prime piece of land has been allocated for the Dac Loc Hotel project in Tuy Hoa City ( Phu Yen province) - Photo: VAN VINH

On September 18th, sources from relevant authorities reported that the Department of Planning and Investment of Phu Yen province had submitted a document to the Provincial People's Committee regarding the Dac Loc Hotel project in the "prime land" area of ​​Tuy Hoa city.

This project is included in the province's list of investment projects since 2018, with Dac Loc Aquatic Products Co., Ltd. as the investor, and a total capital of approximately 200 billion VND (as of 2018).

According to sources, after reviewing and engaging in dialogue with investors, many procedures related to land lease payments, land allocation, and investment approval were found to be in violation of legal regulations.

The minutes of the dialogue between the People's Committee of Phu Yen province and Dac Loc Aquatic Products Co., Ltd. regarding the Dac Loc Hotel project (dated July 24, 2024) identified several provincial authorities that had advised the People's Committee on this project in violation of regulations.

Specifically, the Department of Natural Resources and Environment advised the Provincial People's Committee to issue a document on December 23, 2016, allowing the Dac Loc Aquatic Products Private Enterprise (now Dac Loc Aquatic Products Co., Ltd.) to temporarily pay 50% of the land lease fee in one lump sum for the entire lease period before the Provincial People's Committee issued a decision on land lease and a decision approving the specific land price.

The Phu Yen Provincial Tax Department issued two notices for provisional payment of land lease fees (for the years 2016 and 2017), and the investor has paid a total of 26.422 billion VND into the State budget.

The issuance of the aforementioned documents by state agencies did not comply with the procedures stipulated by land law; therefore, a solution is needed to address this issue and reimburse the investor for this amount.

Regarding the adjustment of the investment policy decision for the Dac Loc Hotel project, the Department of Planning and Investment of Phu Yen province affirms that there is no basis for making the request.

The reason for the land use origin of households and individuals in the project area is that they encroached on state land, which is inconsistent with the land use plan, and therefore do not meet the conditions for granting land use right certificates.

Furthermore, within the project's land area, there is unused flat land managed by the People's Committee of Ward 9 (Tuy Hoa City), which is eligible to be separated into an independent project for commercial and service purposes. This area falls under the category of land use rights auctioned according to regulations. Previously, the decision to approve the investment project without auctioning the land use rights was not in compliance with regulations.

The Department of Planning and Investment recommends that the People's Committee of Phu Yen province promptly refund the amount the investor has temporarily paid as per regulations. Subsequently, relevant agencies will work with the investor regarding the termination of the project.

Source: https://tuoitre.vn/xem-xet-cham-dut-du-an-khach-san-tren-dat-vang-o-tuy-hoa-vi-thu-tuc-khong-dung-20240918104226193.htm