The Department of Natural Resources and Environment of Lam Dong province has just responded to the request of Trung Nguyen Coffee Joint Stock Company. The company requested to continue using the area of 4,337m2 at the Trung Nguyen Legend Coffee Exhibition and Display Area project - Loc An, Bao Lam district.
According to this Department, the Land Law stipulates that in case the State reclaims land due to violations of land laws regarding project implementation time, after the extended time has expired but the investor has not put the land into use, the State will reclaim the land without compensation for the land and assets attached to the land.
The inspection conclusion dated December 23, 2021 of the Ministry of Planning and Investment also stated that the project was behind schedule and slow to put the land into use.
Pursuant to Decree No. 10/2023 of the Government, Trung Nguyen Legend - Loc An project of Trung Nguyen Company is subject to land reclamation by the State without being allowed to continue using the land for 24 months from the date the project is terminated and is not allowed to transfer land use rights or sell legal assets attached to the land to other investors.
Therefore, the Department of Natural Resources and Environment of Lam Dong province affirmed that the proposal of Trung Nguyen Company has no basis for consideration.
The Trung Nguyen Legend coffee product display and viewing area has not been completed (Photo: An Khang).
Previously, Trung Nguyen Company, with Mr. Dang Le Nguyen Vu as General Director, submitted a petition to the People's Committee of Lam Dong province, requesting to continue using the 4,337m2 land at the Trung Nguyen Legend - Loc An project.
Since 2022, Lam Dong province has decided to terminate the project's operations due to the delay in putting the land into use in violation of the provisions of the 2013 Land Law, and the slow progress of project investment in violation of the 2014 Investment Law and the 2020 Investment Law.
However, the petition of Trung Nguyen Company pointed out that 4,337m2 was legally transferred by the enterprise from Tien Dat II Tea Company Limited according to the land use right certificate issued by Lam Dong Provincial People's Committee in April 2002. The remaining 11,192m2 of the total area of 15,529m2 of land recovered at the project was leased by Lam Dong Provincial People's Committee.
From 2007 to 2016, the company used this land area to establish a branch. By 2017 (ie 15 years after receiving the transfer), the company invested this 4,337m2 along with 11,192m2 leased by the State into the Trung Nguyen Legend project.
According to Trung Nguyen Company, the area of 4,337m2 is not land allocated or leased by the State. When the project is terminated, the company must receive this land area back.
The company proposed that the Lam Dong Provincial People's Committee and relevant departments accept the company's right to use the land. At the same time, the company was allowed to transfer this area to Trung Nguyen Franchising Joint Stock Company.
Source
Comment (0)