A real estate company in Khanh Hoa sues the government over land tax

Hữu Long |

Khanh Hoa - Ha Quang Real Estate Company filed a lawsuit to the court requesting the cancellation of the tax department's notice on land rental prices and notice of land rental payment.

On October 21, Lao Dong news source confirmed that Mr. Nguyen Tan Tuan - Chairman of Khanh Hoa Provincial People's Committee signed a document (October 17) directing the Department of Natural Resources and Environment (TNMT) to work with Khanh Hoa Provincial People's Court to provide records, documents, and evidence related to the lawsuit "Complaint about administrative decisions on land use fees" of Ha Quang Real Estate JSC.

The Chairman of Khanh Hoa province requested the Department of Natural Resources and Environment to check and review the documents, advice, draft documents stating opinions on the lawsuit and assign officials to the locality to participate in the litigation to protect the legitimate rights and interests of the Khanh Hoa Provincial People's Committee in the lawsuit.

Previously, on October 1, Khanh Hoa Provincial People's Court accepted the first instance administrative case on "Complaint about administrative decision on land use fees". The plaintiff in this case is Ha Quang Real Estate Joint Stock Company.

To date, the court has accepted the plaintiff's additional request to cancel Notice on land rental price No. 11569 issued by Khanh Hoa Provincial Tax Department on September 27; and cancel Notice on land rental in the form of annual payment No. 11573 dated September 30 issued by Khanh Hoa Provincial Tax Department.

Ha Quang Real Estate JSC is the investor of the Le Hong Phong II New Urban Area project (Nha Trang City). This is a project with many complaints surrounding the incident where more than 1,200 households who bought land in the project were not granted land use right certificates.

After many years of waiting, in August 2024, Khanh Hoa Provincial People's Committee approved specific land prices for calculating land use fees and land rents for the Le Hong Phong II New Urban Area Project.

Approval of the project's land price is the basis for the authorities to determine financial obligations before granting land use right certificates to people living here.

Although Khanh Hoa province has land prices, Ha Quang Real Estate JSC believes that all the contents of the enterprise's petition have not been resolved and requests a public and direct dialogue with the leaders of Khanh Hoa Provincial People's Committee and the Land Valuation Council.

Surprisingly, on August 30, Mr. Le Huu Hoang - Permanent Vice Chairman of Khanh Hoa Provincial People's Committee signed a decision to cancel 4 decisions approving land prices, including the land price of the Le Hong Phong II New Urban Area Project.

The reason for canceling the above decisions is because the decisions issued based on legal documents have expired.

Project planning adjusted many times

Le Hong Phong II urban area project was approved by Khanh Hoa province in 2004 with an initial area of ​​up to 120 hectares.

In November 2020, after many changes to the investment certificate, the Department of Planning and Investment issued an investment certificate for the project with an area of ​​65.7 hectares and a total investment of VND 821 billion, with an implementation period of 40 years from 2009. In the investment certificate, the locality clearly stated that the project must be put into operation before December 31, 2022.

There are many reasons why it is difficult to issue a "red book" for the Le Hong Phong II New Urban Area Project. Among them, Khanh Hoa province has adjusted the detailed construction planning many times (6 times) and had to adjust land procedures 6 times according to the detailed construction planning. Furthermore, this project has adjusted the planning and land procedures many times but has not yet been regulated on land prices to fulfill financial obligations.

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