Eurowindow Nha Trang illegally returned land rent exempted by the province for 10 years

Eurowindow Nha Trang high-end eco-tourism and resort project - Photo: PHAN SONG NGAN

According to the Department of Natural Resources and Environment of Khanh Hoa province, the enterprise has returned all land rent previously given incentives by the province, exempted from collection for 10 years for the Eurowindow Nha Trang high-end eco-tourism and resort project (in the north of Cam Ranh peninsula).

The Department of Natural Resources and Environment has just inspected the project's documents to provide information and documents as requested by the People's Court of Ha Tinh City, after some customers who bought tourist villas in this project sued the investor.

As a result of the inspection, Eurowindow Nha Trang Tourism Investment Joint Stock Company was granted a certificate of land use rights, house ownership rights and other assets attached to land at the project in Cam Ranh peninsula by the Department on December 19, 2017.

The total area of ​​the project has been granted over 33.33 hectares. Of which, 58,771 ^{square meters} of land is intended for rural residential use, specifically "residential land not forming residential units".

The rest is commercial and service land ( ^274,557m2 ), the project owner is allowed to lease the land and pay the fee once. The land use and lease term is until January 2, 2063.

In April 2015, Khanh Hoa Provincial Tax Department decided to exempt land rent for project investors during the 3-year construction period (from December 2012 to December 15, 2015).

After that, the project owner will receive investment incentives and land rent exemption for the next 7 years, until December 15, 2022.

In total, Eurowindow Nha Trang Tourism Investment Joint Stock Company is exempted from land rent for the above project for up to 10 years, with a total exempted amount of more than VND 11,016 billion.

According to the inspection conclusion of the Central Inspection Committee and the inspection conclusion of the Government Inspectorate (from 2019, 2020), Khanh Hoa province's exemption of land rent and land allocation, and conversion of commercial and service land use purposes to "residential land without forming residential units" at the above-mentioned project and many other projects in the province are violations and contrary to the law. Therefore, the province is forced to remedy the consequences.

After that, Eurowindow Nha Trang Tourism Investment Joint Stock Company paid the full amount of money recovered according to the decision of Khanh Hoa Provincial Tax Department (5-2012), a total of more than 29,168 billion VND.

Of which, more than 11 billion VND of land rent was exempted (10 years) as recorded on the land use right certificate that the company was granted in December 2017 mentioned above.

Tourist villas at the Eurowindow Nha Trang luxury eco-tourism and resort project - Photo: PHAN SONG NGAN

Not yet returned the land use right certificate, already mortgaged

According to the Khanh Hoa Department of Natural Resources and Environment, after paying the remedial fee, including more than 11 billion VND of exempted land rent (10 years) mentioned above, up to now, Eurowindow Nha Trang Tourism Investment Joint Stock Company has not yet returned the land use right certificate that was granted (with "residential land not forming residential units") along with the registration file for changes and additional registration of assets, which are villas and tourist apartments that have been built and formed attached to the project land.

Meanwhile, the owner of the Eurowindow Nha Trang luxury eco-tourism and resort project has mortgaged future assets of the project (including 45 villas) and land use rights of the project at Vietnam Prosperity Joint Stock Commercial Bank - Nha Trang branch.

That mortgage has been confirmed by Khanh Hoa Land Registration Office on the above mentioned land use right certificate since July 30, 2018, and the mortgage has not been cleared yet.

On the other hand, before 2020, the project owner sold 118 tourist villas and many tourist apartments on "residential land that does not form residential units" to customers, but up to now has not been able to provide certificates of property ownership for the villas sold to customers.

Because up to now, Khanh Hoa province is still overcoming the consequences according to the inspection and examination conclusions of central agencies, ending the existence of "residential land without forming residential units" in violation of the Land Law in all projects in the province.

Source: https://tuoitre.vn/eurowindow-nha-trang-nop-lai-tien-thue-dat-duoc-tinh-mien-10-nam-trai-phap-luat-20240902210622604.htm