Khanh Hoa Provincial Inspectorate has issued thematic inspection conclusions for projects facing difficulties, obstacles, delays, and low efficiency.
Through inspection, a series of large projects in the area were pointed out to have many violations related to investment, land management and auction of land use rights.
Many large projects violate land and investment
At the Nha Trang market project (phase 1), Khanh Hoa Provincial People's Committee issued an investment certificate to build a new market center in Dong Nam in violation of the provisions of Decree No. 02/200 of the Government.
The location and industry for traders are not according to the approved plan; the items of squares, flower gardens, and yards have not yet been implemented.
In addition, the province issued an Investment Certificate to Song Da - Nha Trang Joint Stock Company but did not approve the bidding to select an investor, violating Article 54 of the Investment Law 2005.
For The Art Nest Hotel project, the Provincial People's Committee leased land to Van Phong Investment and Development Joint Stock Company and Forio Nha Trang Company Limited for business and service purposes. Meanwhile, the land plot at 07 Hung Vuong, Loc Tho ward, Nha Trang city (old) was planned as land for construction of public works. This is a violation of the 2003 and 2013 Land Laws.
The province also determined that the time to calculate land rent was not in accordance with regulations; leased land and sold assets on land without auction, contrary to Decision No. 09/2007/QD-TTg of the Prime Minister.
Not only that, the Anten Headquarter project and the Khanh Hoa Radio and Television Station Headquarters were also pointed out for violations.
The old real estate facility was used to pay BT contracts contrary to the direction of the Prime Minister and related decisions.
The land allocation for the construction of a new headquarters is also not in accordance with the planning, not included in Nha Trang's 2018 land use plan.
For the Lang Tre Eco-tourism Project, the province leased more than 63,800m2 of land to Viet An Investment and Development Company Limited. Of which, nearly 54,000m2 was managed by the People's Committee of Vinh Ngoc commune but did not organize an auction of land use rights, violating the 2013 Land Law.
Sao Mai Anh Resort Project: The province leases an additional 3,500m2 of land without auction. Phu Dong Park and E-Land Four Seasons Entertainment - Service Project: The land allocation and lease did not go through auction of land use rights, violating the Land Law 2003 and 2013.
Proposal to apply a special mechanism
According to the Inspectorate, the above violations are largely due to the fault of the State management agency, or the fault of both the management and the investor.
To remove difficulties, the Khanh Hoa Provincial Inspectorate recommends that for the group of projects that do not bid or auction land use rights: Steering Committee 751, the Prime Minister reports to competent authorities to consider allowing the application of a special mechanism similar to Resolution 170/2024/QH15.
Thereby, projects can continue to use land, and at the same time, re-determin the land price to collect and pay the budget, ensuring no loss of public assets.
Regarding the Tru Anten project and the headquarters of Khanh Hoa PT-TH Station, the Inspectorate requested the Provincial People's Committee to direct departments and branches to advise and implement the land allocation to investors.
In particular, determining the specific land price for the land plot at 70 Tran Phu (expected to pay for the BT project) according to legal regulations and the Government's resolution to remove it.
