The Government Inspectorate (TTCP) has just issued a notice of inspection conclusions on the conversion of land use purposes from production and business to land business and housing construction in the period 2011 - 2019 of state-owned enterprises and equitized enterprises.
Through inspections of 9 projects/land plots in Hanoi, Ho Chi Minh City and Binh Duong, the Government Inspectorate pointed out many shortcomings and violations in the implementation of land use purpose conversion, land recovery, land allocation, and implementation of housing projects and commercial centers.
Among these projects, the Government Inspectorate requested the Ministry of Public Security to receive records and documents for review, investigation, and handling according to the law for violations in 3 projects/land plots in Binh Duong:
(1) For the Di An Railway Commercial Apartment and Housing Project on an area of 96,504m2 of land in Di An ward, Di An city, Binh Duong province.
In this project, Di An Railway Development Company Limited sold 5 plots of land contrary to the detailed planning 1/500 approved by the People's Committee of Di An town as public land with the function of building a kindergarten, violating the Law on Real Estate Business, the Law on Construction, showing signs of "fraud and appropriation of property".
The advice of the Departments and branches to the People's Committee of Binh Duong province to approve the land price calculated according to the project implementation period adjusted from 3 years to 5 years according to the investor's request, leading to a reduction of land use fees of 14,734 billion VND, showing signs of "violation of regulations on management and use of State assets causing loss and waste".
(2) For the Railway Commercial Housing Area on an area of 64,050m2 of land in Di An ward, Di An city
TTCP pointed out that the People's Committee of Binh Duong province allowed Di An Railway Development Company Limited to use this area to implement the railway commercial housing project without auctioning the land use rights, violating the 2013 Land Law, showing signs of "violating regulations on management and use of State assets, causing loss and waste".
Furthermore, from December 2016 to now, the financial obligation to collect the budget in the allocation of 64,050m2 of land has not been determined, violating the 2013 Land Law, with the risk of losing a huge amount of budget (according to the calculation of the consulting unit, the land use fee is about 220,466 billion VND), showing signs of "violating regulations on management and use of State assets causing loss and waste".
Di An Railway Housing Development Company Limited has not fulfilled its financial obligations and has not been notified by the Department of Construction that the Railway Commercial Housing Project is eligible for capital mobilization, but has used 64,050 square meters of land to sign a capital mobilization contract for investment cooperation for 387 adjacent plots of land, violating the regulations on capital mobilization for commercial housing development in Decree No. 99/2015 of the Government, violating the Law on Real Estate Business 2014, showing signs of "fraud and property appropriation".
(3) For the railway commercial housing project expanded on an area of 47,882.8m2 of land in Di An ward, Di An city
Di An Railway Development Company Limited has not been approved by the People's Committee of Binh Duong province and has not fulfilled its financial obligations regarding land use, has not had land use rights, has not had its investment project approved, and has not been granted a construction permit, but has signed a capital mobilization contract, seriously violating the regulations on capital mobilization for commercial housing development in Decree No. 99/2015 of the Government.
The company has not been allowed to carry out the project, but the mobilized capital (since 2018) has not been repaid to customers with a very large amount of money (still owing over 191.7 billion VND), showing signs of "fraud and property appropriation".
The amount of capital mobilized from customers is also not shown on the company's financial statements, seriously violating the Accounting Law, showing signs of "violating accounting regulations causing serious consequences".
