The Ministry of Natural Resources and Environment has issued Conclusion No. 12/KL-BTNMT on the inspection of compliance with land and environmental laws by Five Star International Group Joint Stock Company (Five Star Company) when implementing the Five Star Urban Area project (commercial name: Five Star Eco City) in Phuoc Ly commune, Can Giuoc district and Long Trach and Long Khe communes, Can Duoc district, Long An province.
According to the inspection conclusion, on September 27, 2011, the People's Committee of Long An province issued a decision to allocate 282,451 m2 of land to Nam Sao Company for investment purposes in Nam Sao Urban Area (phase 1). Of which, 88,446 m2 of land for construction of public works (including 47,834 m2 of green land, water surface; 40,612 m2 of traffic land) was handed over to the locality for management after construction according to the approved planning, with a long-term use period.
Main gate of Five Star Eco City project.
On October 24, 2011, Long An Provincial People's Committee issued a decision approving land prices to determine financial obligations for the Five Star Urban Area project (phase 1).
On December 18, 2011, the Department of Natural Resources and Environment of Long An province issued land use right certificate (LURC) No. BH 703180 to Nam Sao Company, area of 283,451 m2 of rural land (plot 142, map sheet No. 4), long-term use.
On December 17, 2015, the People's Committee of Long An province issued a decision to allocate 89,775 m2 of land to Nam Sao Company (phase 2 of 39 ha area). Of which, 8,584 m2 of land is allocated with land use fee collection; 81,191 m2 of land is allocated without land use fee collection for the construction of public works not for business purposes.
On February 24, 2016, the Long An Provincial Tax Department announced the payment of land use fees, the area for calculating land use fees is 8,584 m2; the price for calculating land use fees according to the land price list has a land use right value of less than 20 billion VND and applies the adjustment coefficient method to calculate land use fees. The total land use fee that Nam Sao Company must pay is 2,278,986,700 VND (average land price is 265,492 VND/m2), the compensation and support amount deducted from the land use fee is 958,555,866 VND. The remaining amount to be paid to the State budget is 1,320,3430,800 VND.
On March 23, 2017, the Department of Natural Resources and Environment of Long An province issued Land Use Right Certificate No. CH 755092 to Nam Sao Company, area of 8,584 m2 of rural land (plot 368, map sheet No. 4), long-term use.
Thus, for phase 1 of the Five Star Urban Area project, at the time of inspection, Five Star Company had been issued 2 decisions by the Long An Provincial People's Committee to allocate 373,226 m2 of land to implement the project. Of which, 203,589 m2 of residential land and 169,637 m2 of land for construction of public works not for business purposes. Five Star Company was granted 2 Land Use Rights Certificates by the Department of Natural Resources and Environment of Long An Province with a total area of 292,035 m2 of rural residential land, with a long-term use period.
Series of violations
However, the inspection results show that the People's Committee of Long An province issued decisions on land allocation and land lease to Nam Sao Company according to the progress of compensation and site clearance, not according to the land use needs expressed in the approved investment project, which is inconsistent with the provisions of the 2013 Land Law.
Determining land price for the area of 8,584m2 of rural residential land (phase 1) assigned to Nam Sao Company to implement the project according to the compensation and site clearance schedule to apply the adjustment coefficient method in calculating land use fees is not in accordance with the provisions of the Land Law.
Nam Sao Company was granted a land use right certificate for an area of 4,114 m2 of land in the planning of traffic corridors (provincial roads 826 and 835B) which is not in accordance with Government regulations.
Being granted a land use right certificate for 88,446 m2 of land for construction of public works at the project with the purpose of use being rural residential land, the origin of the land allocated by the State with land use fee collection is not in accordance with the purpose of land use, form of land use and is not in the case of being granted a land use right certificate according to the Government's regulations.
The land plot shown on the Land Use Rights Certificates issued to Nam Sao Company does not have closed boundaries and includes many different locations, which is not in accordance with the provisions of the Land Law.
The area of the land use right certificate has many areas with different purposes of use but is not shown for each land plot on the approved detailed construction plan, which is not in accordance with Government regulations.
Project perspective.
According to the detailed construction plan at a scale of 1/500 for phase 1 of the project, the total approved residential land area is 181,903.78 m2, but Nam Sao Company was assigned and granted a land use right certificate with a total area of 203,589 m2 of residential land (a difference of 21,685.22 m2). Through inspection, this difference in land area was planned to build a kindergarten, medical station land, and commercial construction land, so the above land allocation and land use right certificate issuance are not in accordance with the provisions of law.
The Long An Provincial People's Committee assigned Nam Sao Company 373,226 m2 of land to implement the Nam Sao Urban Area project (phase 1), but the company used and constructed technical infrastructure works on an area of 394,827.46 m2, exceeding the allocated land by 21,601.46 m2. This is an act of land occupation, violating Government regulations.
Nam Sao Company has transferred land use rights to organizations, households and individuals in the form of dividing and selling plots without permission from competent state agencies.
In addition, the determination of land price for the area of 156,069 m2 of rural residential land (land allocation phase 2, 3, phase 2) assigned to Nam Sao Company to implement the project according to the compensation and site clearance schedule to apply the adjustment coefficient method and comparison method in calculating land use fees is not in accordance with the provisions of the Land Law and the Government's Decree.
In addition, the land plots shown on the Land Use Right Certificates granted to Nam Sao Company do not have closed boundaries and include many different locations, which is not appropriate. The land area granted with the Land Use Right Certificates has many areas with different purposes of use, but is not shown for each land plot according to the approved detailed construction plan, which is not in accordance with regulations.
Most of the land area was assigned to Nam Sao Company but the construction of items and works approved by state agencies has not been implemented. The slow progress of land use has led to the project not ensuring the approved progress, violating the provisions of the 2013 Land Law.
Recommended treatment
From the above violations, the Ministry of Natural Resources and Environment recommends that the People's Committee of Long An province direct the Department of Natural Resources and Environment, the People's Committee of Can Giuoc district and relevant levels and sectors to closely inspect and monitor the compliance with legal regulations on land management, use, environmental protection as well as the progress of putting land into use for Nam Sao Company, and at the same time apply measures to handle violations according to legal regulations.
Review and overcome the above-mentioned shortcomings (land allocation, land lease, issuance of land use right certificates, extension of land use, compensation, support and site clearance, determination of land prices to calculate land use fees and land rent).
Strengthen inspection and examination of compliance with legal regulations on land and environmental protection for projects using land in the area to rectify and overcome shortcomings and errors in state management of land and environment.
Review, clarify responsibilities and take strict action against groups and individuals who commit the above violations.
The Ministry of Natural Resources and Environment requests Nam Sao Company to strictly comply with the provisions of the law on land and environment, use land for the right purpose, within the assigned boundaries. Speed up the project implementation progress, coordinate with state agencies to complete regulations and procedures on land and environment according to the provisions of law. Contact the Department of Natural Resources and Environment of Long An province for instructions on extending the land use progress.
In addition, complete and put into operation a centralized wastewater treatment system; collect all generated wastewater to a treatment system that meets national wastewater standards before discharging into the environment; collect, classify and treat solid waste according to regulations; manage and monitor the environment according to regulations.
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