Changing land use purposes contrary to planning
The Government Inspectorate has just issued Inspection Conclusion Notice No. 352/TB-TTCP on compliance with the law in inspection, citizen reception, complaint and denunciation settlement, corruption prevention and control; land management and use, and basic construction investment in Vinh Long province in the period of 2013-2020.
In this notice, the Government Inspectorate requested the Ministry of Public Security to receive information and documents for consideration, investigation, and handling according to the provisions of law on violations of the law, for 2 projects:
- Hoang Hao Housing Project in Long Hung Hamlet, Thanh Son Hamlet, Thanh Duc Commune, Long Ho District.
- Hoa Lan Residential Area Project, Ward 8, Vinh Long City.
The process of inspecting the management and use of land in Vinh Long province in the period of 2013-2023, the Government Inspectorate pointed out that the People's Committee of Vinh Long province allows the detailed planning of 1/500 construction of Hoang Hao Housing Area (Long Ho District) when the investor does not have legal land use rights is not in accordance with the Government's Decree 90/2006/ND-CP; Approving the detailed construction planning of 1/500 and deciding to change land use purpose to invest in building Hoang Hao Housing Area (commercial housing project) right on the planning land is industrial land, not in accordance with the general planning, land use plan 2006-2010, land use planning to 2020 and land use plan 2011-2015 that Long Ho district approves, contrary to the provisions of the Land Law No. 13/QH11.
The Government Inspectorate also said that in 2015, the People's Committee of Vinh Long province asked to adjust the land use planning, the provincial land use plan and approved by the Government in Resolution No. 04/NQ-CP of January 12, 2018. On that basis, the People's Committee of Vinh Long Province decided to adjust the land use planning until 2020 Long Ho district, whereby the location of Hoang Hao housing area is adjusted into housing construction land.
However, on December 25, 2018, the Prime Minister issued Decision No. 1824/QD-TTg approving the adjustment of the Master Plan for Socio-Economic Development of Vinh Long province until 2020, with a vision to 2030, the location of Industrial Park 1 (project location until 2024) is still planned as industrial land such as Land Use Plan, Land Use Plan for the end period (2006-2010) and land use plan for the first period (2011-2015) of Long Ho district.
Risk of State budget losses
For the above violations, the Government Inspectorate requested the Ministry of Public Security to receive information and documents on violations of the law on land use management at the Hoang Hao Residential Area Project.
In this project, the Government Inspectorate said: "Violating the law on land use management in allowing the conversion of land use purposes contrary to land use planning and land use plans, land use not in accordance with the approved planning by competent authorities and determining land financial obligations not in accordance with the provisions of law, there is a risk of causing losses to the State budget".
On April 18, according to Lao Dong reporter's research, based on the detailed construction plan at a scale of 1/500 approved by Vinh Long Provincial People's Committee, in 2021-2022, the Department of Natural Resources and Environment (DONRE) of Vinh Long province continuously issued documents announcing the results of the inspection of the current status of land use, housing and works, infrastructure of the land area transferred for land use rights under the Hoang Hao Housing Project.
In which, in Document No. 1059/TB-STNMT signed by Mr. Nguyen Van Hieu - Director of the Department of Natural Resources and Environment of Vinh Long province - signed on January 18, 2021, the house requesting to be granted a Certificate of land use rights, house ownership rights and other assets attached to land for households and individuals under the Hoang Hao Housing Project in accordance with the detailed construction planning at a scale of 1/500 of the Hoang Hao Housing Area approved by the People's Committee of Vinh Long province in Decisions No. 286/QD-UBND, dated February 1, 2007; Decision 2116/QD-UBND, dated September 27, 2010.
Accordingly, the dossier of Hoang Hao Private Enterprise was confirmed to be eligible for transferring land use rights and selling houses according to regulations. The Department of Natural Resources and Environment transferred the dossier to the Land Registration Office to carry out procedures for granting Certificates of land use rights, house ownership rights and other assets attached to land to the transferee of land use rights and home buyers.
