The Government Inspectorate has just issued Notice No. 3496/TB-TTCP Announcing the Inspection Conclusion of projects with difficulties and obstacles in Khanh Hoa province (old).
In which the Hotel, Service and Apartment Complex Project is invested by Nha Trang Bay Joint Stock Company; project implementation location: No. 25-26 Pham Van Dong, Bac Nha Trang ward, Khanh Hoa province.
Project investment objective: building a mixed-use complex of hotels, services and apartments.
The total investment of the project is 2,052.634 billion VND; land use area is 7,666.1m2. The project started construction in 2017 and has been basically completed.
According to reports, the Investor has sold all 704 apartments and put them into operation, but customers who bought apartments have not been granted a Certificate of Housing Ownership.
Through inspection, the Government Inspectorate said: There are no documents showing that the Ministry of National Defense is implementing the preparation of a plan to rearrange and handle land and housing facilities at No. 25-26 Pham Van Dong street, Vinh Hai ward, Nha Trang city, submitting it to the Prime Minister for decision after receiving opinions from the Ministry of Finance and Khanh Hoa Provincial People's Committee according to the provisions of Clause 2, Article 1 of Decision No. 09/2007/QD-TTg or agreeing with Khanh Hoa Provincial People's Committee, reporting to the Prime Minister for approval according to the provisions of Document No. 1869/TTg-KTN dated November 4, 2008 of the Prime Minister on the mechanism of using national defense land.
The Ministry of Information and Communications and the Ministry of National Defense agreed with the policy of transferring the land area at No. 25-26 Pham Van Dong Street, Vinh Hai Ward, Nha Trang City, Khanh Hoa Province to the People's Committee of Khanh Hoa Province to hand over to Nha Trang Bay Joint Stock Company to implement the project without auctioning land use rights, which is a violation of regulations.
The Provincial People's Committee allocating land to Nha Trang Bay Joint Stock Company to implement the project without auctioning land use rights is a violation of regulations.
The Provincial People's Committee approved specific land prices to calculate land use fees for projects lower than the land prices announced in 2014 by the province.
The Provincial People's Committee agreed to allow Nha Trang Bay Joint Stock Company to deduct compensation and support money with a total amount of 72 billion VND from the land use fee of the project (including 55 billion VND for the Ministry of National Defense; 17 billion VND for Thanh Thanh Tourism Co., Ltd. and CYBEER Co., Ltd.) which is not in accordance with the provisions of Article 15 of Decree 45/2014/ND-CP.
Responsibility for the above-mentioned shortcomings, limitations, and violations belongs to: the Ministry of National Defense, the Ministry of Information and Communications Command, the School of Command Officers - Information Technology and related organizations and individuals in the period 2010 - 2014; the Provincial People's Committee, the Department of Natural Resources and Environment, the Department of Finance, the Khanh Hoa Provincial Tax Department, organizations and individuals according to each relevant period and the Investor" - Inspection Conclusion Notice stated.
The Government Inspectorate proposed that the Prime Minister direct the Minister of National Defense according to his functions, tasks, and authority to organize self-criticism, clarify responsibilities to handle according to regulations for collectives and individuals in the period 2010 - 2014 related to shortcomings, limitations, and violations at the Project.
The Inspectorate also proposed that Khanh Hoa Provincial People's Committee recover the amount of 72 billion VND (from the investor Nha Trang Bay Joint Stock Company) to the state budget due to the deduction in land use fees of the project not being in accordance with regulations.
