According to information from TTCP, for the 2,291m2 land plot at 120 Hoang Quoc Viet, Cau Giay District (Hanoi), the Hanoi People's Committee approved the land use purpose conversion fee for the High-rise Housing, Office and Service Project at 120 Hoang Quoc Viet not in accordance with the equitization plan of Vietnam Steel Corporation approved by the Prime Minister, resulting in the total land use fee payable to the budget of area A (932m2) being 57,595 billion VND lower than the land use right value approved by the Ministry of Industry and Trade in the enterprise value at the time of January 1, 2010 when equitizing Vietnam Steel Corporation, the risk of reducing the value of the equitized enterprise will lead to a corresponding reduction in the amount payable to the State Budget.
Regarding the project implementation status, the Government Inspectorate pointed out that from May 21, 2012 to present, the High-rise Housing, Office and Service Project at 120 Hoang Quoc Viet has not been implemented, Vietnam Steel Corporation and the land management agencies have violated the provisions of the Land Law. On the other hand, some people have encroached on the land, seriously violating the provisions of the law on land management and use but have not been thoroughly handled by Vietnam Steel Corporation, Hanoi People's Committee and relevant agencies according to the provisions of the law, leading to the risk of losing land use rights.
Regarding the 23,380m2 land plot at 275 Nguyen Trai, Thanh Xuan District, the TTCP determined that the Hanoi People's Committee reclaimed 23,380m2 of production land of Precision Mechanical Joint Stock Company No. 1 and transferred it to Hung Viet Trading Joint Stock Company in the form of land allocation with land use fee collection to implement the housing project, without compensation or site clearance for auction of land use rights according to the provisions of the 2003 Land Law. On the other hand, the two companies signed an appendix to the joint venture contract, including support for relocation and compensation for assets on the land of Precision Mechanical Joint Stock Company No. 1. In addition, the Hanoi People's Committee transferred 3,557m2 of land (belonging to the city's 20% land fund) to Hung Viet Trading Joint Stock Company in the form of land allocation with land use fee collection to implement the housing project for officials and civil servants of the Hanoi Department of Natural Resources and Environment, violating Article 1 of the Law on Land. 58 Land Law 2003.
TTCP believes that the fact that Precision Engineering Joint Stock Company No. 1 contributed capital to the joint venture in cash, in fact in the value of land use rights, expressed through the capital contribution of a part of the relocation support fund and compensation for assets on the land that are the assets of Precision Engineering Joint Stock Company No. 1, is not in accordance with the provisions of the law on land. Then, the value of the capital contribution to the joint venture was not re-determined to recalculate the benefits enjoyed by the State capital in the joint venture. On the other hand, Precision Engineering Joint Stock Company No. 1 transferred 3.2 million shares in Hung Viet Trading Joint Stock Company to Hoang Huy Financial Services Investment Joint Stock Company at par value, without auction, without appraising the price of shares when transferring, violating the provisions of Decree No. 09/2009/ND-CP of the Government.
Regarding the 14,346.6m2 land plot on Phap Van Street, Hoang Liet Ward (Hoang Mai District), the TTCP believes that the Vietnam Agricultural Construction Corporation (JSC) contributed 100% of the capital to establish Phuong Dong Investment LLC to implement the project (in 2017), the capital contribution is mainly the use and commercial value of the right to use 14,375m2 of leased land to pay annual land rent, which is not in accordance with regulations. This action led to the Hanoi People's Committee deciding to reclaim the land of the Vietnam Agricultural Construction Corporation and assign it to Phuong Dong Investment LLC to lease as an office headquarters. Then, Phuong Dong Investment Company Limited was allowed to change the purpose of using 14,346.6 square meters of land to implement the Housing, Office, Trade and Service Complex Project, which was not in accordance with the land use plan in the equitization plan of the Agricultural and Rural Development Construction Corporation approved by the Prime Minister, and not in accordance with Article 2 of Decree No. 82/2019/QH14 of the National Assembly.
In complying with the legal regulations of the investor, Phuong Dong Investment Company Limited implemented the project without being assigned land, leased land, changed land use purpose, or approved to adjust the project investment policy by the Hanoi People's Committee, which is a violation of the provisions of the 2013 Land Law.
Notably, the Government Inspectorate discovered that Phuong Dong Investment Company Limited sold 11 townhouses and 110 apartments for sale before the Hanoi Department of Construction granted a construction permit and notified that it was eligible to sell future housing, violating the Law on Real Estate Business. In addition, Phuong Dong Company sold 312 apartments for short-term lease under the form of long-term ownership, which was not in accordance with the project investment policy approved by the Hanoi People's Committee.
After discovering the above violations, the Government Inspectorate requested the Ministry of Public Security to receive information and documents to review, investigate and handle according to the provisions of law violations at the High-rise Housing, Office and Service Project at 120 Hoang Quoc Viet; Housing, Office and Commercial Service Complex Project at Phap Van Street, Hoang Liet Ward (Hoang Mai District); Investment project to build a Trade Center, Service and Housing Area at 275 Nguyen Trai, Thanh Xuan District, Hanoi.
Source: https://daidoanket.vn/3-du-an-dat-vang-o-ha-noi-bi-kien-nghi-dieu-tra-vi-sao-10292220.html
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