No bidding to select investors
The Government Inspectorate has just issued a Conclusion on the inspection of land management and use in accordance with Resolution No. 73/NQ-CP dated September 23, 2019 and No. 116/NQ-CP dated December 6, 2019 of the Government; planning work and implementation of construction planning of Hai Phong City People's Committee.
In this Conclusion, the Government Inspectorate pointed out many violations in the International Overseas Vietnamese Village Construction Investment Project in Vinh Niem Ward (Le Chan District, Hai Phong) invested by Viet Anh Investment and Development Joint Stock Company.
The total land area for the project is 92,233m2, including the following items: Commercial service land, residential land, land for villa construction, land for garden house construction, green land, and traffic land.
Total investment is 403,966 million VND. Progress: Started in January 2016, project completion in March 2022.
At the time of inspection, the area of land allocated for the project was 82,582.4 square meters, of which the area for building commercial houses for sale was 44,656.5 square meters; the commercial land with annual payment was 8,005.6 square meters.
The project has completed about 70% of the total construction volume; has granted land use right certificates for 121 land plots to households and individuals receiving transfers at the project, with an area of 31,062.1m2.
Through inspection, the Government Inspectorate pointed out that the project did not conduct bidding to select investors, which is a violation of regulations. At the same time, there are many limitations and shortcomings in determining the land use fees of the project.
The project has been behind schedule according to the Investment Registration Certificate No. 4385697667 certified for the fourth change on December 25, 2017, the project's investment progress is scheduled to be completed in 2022. The reason is due to problems in site clearance, leading to the project being behind schedule. However, the investor has not proactively requested an extension, the Department of Planning and Investment has not regularly monitored and urged the investor to carry out the investment extension procedures.
The project has not been granted a license to build technical infrastructure works, but the investor has implemented construction to date, reaching about 70% of the volume, which is not in accordance with the provisions of Clause 1, Article 62 of the 2003 Construction Law and Clause 1, Article 89 of the 2014 Construction Law.
Transfer to investigation agency if criminal violation
For this project, the Government Inspectorate recommends that, in order to ensure stability for people buying long-term housing and avoid complicated and crowded complaints, the People's Committee of Hai Phong City should review the legal procedures of the project based on legal regulations to ensure compliance with the law and practice;
Review land financial obligations, re-determine land use fees to ensure correct and sufficient calculation of land use fees according to the provisions of law, and avoid loss of state budget.
Through inspection, review and implementation of the Inspection Conclusion, if any violation of criminal law is detected, the case will be transferred to the investigation agency for handling according to regulations.
The International Overseas Vietnamese Village Project in Vinh Niem Ward was formed based on the response to the call for investment in Hai Phong City by the city leaders when attending the Investment Promotion Conference in the UK. The project was granted Investment Certificate No. 021033000158 by the City People's Committee for the first time on January 8, 2010, and was certified for adjustment 3 times on May 27, 2010, June 4, 2013, June 3, 2014; and was granted Investment Registration Certificate No. 4385697667 by the Department of Planning and Investment, certified for the fourth change on December 25, 2017.
