On January 19, Mr. Bui Ngoc Lam – Deputy Inspector General of the Government signed a written notice of inspection conclusions on the observance of legal regulations in the management and use of land and construction investment management. basically in Ha Nam province (period 2012 – 2018).
The project has many violations
Notably, the Government Inspectorate decided to transfer the case file related to the project of a complex of hotels, commercial centers and apartments for sale and rent in Muong Thanh to the Ministry of Public Security for consideration and handling according to regulations. provisions of law.
| Muong Thanh Hotel, Phu Ly, Ha Nam (Photo: Muong Thanh Hotel). |
According to the inspection conclusion, the project of a complex of hotels, commercial centers and apartments for sale and rent in Muong Thanh on an area of 1.25 ha. Land for project implementation is clean land and has been cleared.
However, the Standing Board of Ha Nam Provincial Party Committee has concluded No. 11-KL/TU dated December 10, 2015 unanimously appointing the No. 1 private construction company in Dien Bien province as the investor to implement the project. and Ha Nam Provincial People’s Committee issued Decision No. 1537/QD-UBND dated October 6, 2016 to decide on investment policy and select project investor without going through auction of land use rights.
This violates the provisions of Point a, Clause 2, Article 22 of the Law on Housing 2014 and Point a, Clause 1, Article 18 of Decree 99/2015 of the Government.
Moreover, the project does not conform to the general planning of Phu Ly city in terms of floor height, plot function, and violates Clause 3, Article 6 of the Law on Housing 2014; Clause 3, Article 16, Clause 4, Article 26 of the Law on Urban Planning 2009 and Clause 4, Article 14 of Decree 37/2010 of the Government.
After the inspection ended, the People’s Committee of Ha Nam province issued Decision No. 819/QD-UBND approving the partial adjustment of the general planning of Phu Ly city at the project location to adjust the height of the work to 30 floors. , the plot function is mixed soil.
Ha Nam Department of Construction issues construction permits for projects when the People’s Committee of Ha Nam province has not yet issued a decision on land allocation or land lease (only a temporary record of land handover in the field), violating the Construction Law. The license to build 28 floors is not in line with the approved general plan of Phu Ly city (in fact, the building has 25 floors).
The inspection conclusion indicated that the investor had started construction of the project without having been allocated or leased land, violating the Land Law, the Construction Law and Decree 59/2015 of the Government.
“Constructing works not in accordance with the issued construction permits, transferring 118/130 apartments when not eligible for transfer – without a certificate of land use rights, violating the Law on Real Estate Business”. The Main Inspector pointed out the investor’s violation.
The Central Inspection Committee considers individual liability related to violations
The Government Inspector said that the Muong Thanh project had been completed, put into operation and business since June 2017, but by the time of inspection, the People’s Committee of Ha Nam province had not yet decided to allocate or lease land. determine financial obligations (land use levy, land rent).
For the land area for construction of a mixed-use building of 4,343m2, during the inspection, Ha Nam Department of Natural Resources and Environment hired a consulting unit to appraise the land price, temporarily determine the land use fee with the amount. over 69 billion VND. For the remaining area, the tax authority shall temporarily collect the annual land rental payment according to the land use purpose.
The Government Inspectorate proposed the Prime Minister to direct the Chairman of the People’s Committee of Ha Nam Province to request the relevant authorities and the project investor to urgently complete procedures for investment, construction, land, and land use levy determination. lease land and pay the state budget.
Regarding economic handling, the People’s Committee of Ha Nam province must review and recover the amount of over 69 billion dong of temporarily determined land use levy for the land area for construction of a mixed-use building of 4,343m2 of the hotel complex project. Muong Thanh. According to the inspector, on June 24, 2021 and July 22, 2021, the project investor has temporarily paid the amount into the state budget.
In addition, the Government Inspectorate has also transferred the inspection conclusions to the Central Inspection Committee to consider and handle according to its competence organizations and individuals related to the violations and shortcomings raised. in the conclusion of the investigation.