Risk of State budget losses
As reported by Lao Dong, the Government Inspectorate has just issued Inspection Conclusion Notice No. 352/TB-TTCP on compliance with the law in inspection work, 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.
Along with the Hoang Hao Housing Project in Long Hung Hamlet, Thanh Son Hamlet, Thanh Duc Commune, Long Ho District, in the Inspection Conclusion Notice No. 352/TB-TTCP, 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 the Hoa Lan Housing Project, Ward 8, Vinh Long City.
In the Hoa Lan Housing Project, the Government Inspectorate requested the Ministry of Public Security to receive documents to investigate and handle violations of the law on land use management:
- Allowing the change of land use purpose in violation of legal regulations through the act of continuing to separate 33 plots with an area of 11,188.6m2.
- Allowing the change of land use purpose not in accordance with the planning and issuance of a certificate of land use rights for residential land on traffic land and green land according to the planning approved by competent authorities.
- Determining land financial obligations is not in accordance with the provisions of law, which risks causing losses to the State budget.
Continuous violations
In fact, through the inspection process, the Government Inspectorate pointed out that the People's Committee of Vinh Long province in the period of 2013-2020 has allowed a number of housing development projects not included in the approved housing development plan, not in accordance with Article 30 of the Housing Law in 2005 and Article 14 of the Housing Law in 2014.
Among these, along with the Hoa Lan Housing Area project, there are also Hoang Hao Housing Area, Truong An Housing Area, Bach Dan Housing Area, Hamlet 3 Housing Area (Ward 3, Vinh Long City) and Tan Loc Home Residential Area (in Hamlet 1, Ward 8, Vinh Long City).
Notably, with the project of Hoa Lan housing area, the Department of Natural Resources and Environment of Vinh Long province has allowed to separate 33 land plots with an area of 11,188.6 m² on land that has been agreed by the Department of Construction to plan the overall project of traffic land (10,601.3 m²) and greenery (587.3 m²) for investor of the project to transfer before construction of infrastructure for households, in accordance with the provisions of the Decree 43/2014 Regarding the conditions for transfer of land use rights in the investment project to build housing business for sale or semi -semi -composite for rent.
After receiving the transfer, people build solid houses (even without a construction permit), and the Department of Natural Resources and Environment allows them to change the land use purpose and issue a Certificate of Land Use Rights with the purpose of use being residential land.
The Government Inspectorate pointed out that this is "not in accordance with the overall site planning agreed upon by the Department of Construction in Document No. 675/SXD-KTQH dated September 25, 2012".
Hoa Lan residential area is also among the projects pointed out by the Government Inspectorate with the Department of Natural Resources and Environment of Vinh Long province issuing detailed Land Use Rights Certificates to each plot of land, not in accordance with the provisions of Article 26 of Decree 43/2014/ND-CP; issuing overlapping certificates for the entire or part of the area on traffic land and green land according to the approved planning authority.
The People's Committee of Vinh Long Province also issued decisions that allow the change of land use purpose for Hoa Lan housing project (3 decisions in 2016). On that basis, the method of land price adjustment coefficient to calculate the collection of land use levies while the total area change area of the project calculated according to the land price at the land price list promulgated by the Provincial People's Committee is worth over 20 billion VND, not in accordance with Article 112 of the 2013 Land Law, Article 18 of Decree 44/2014/ND-CP and apply the land position to calculate the land use fee inaccurate.
With the violations pointed out in the inspection conclusions, along with the proposal of the Ministry of Public Security to receive documents to investigate, the Government Inspectorate also asked the People's Committee of Vinh Long Province, Chairman of Vinh Long People's Committee to rectify, overcome and strictly handle the shortcomings, violations and shortcomings in accordance with the law.
"During the implementation of the Inspection Conclusion, if a case is discovered causing loss of state assets, showing signs of violating criminal law, it will be transferred to the police for strict handling according to the provisions of law" - the Government Inspectorate stated.
