The land lot that caused the Textbook Printing Joint Stock Company in Hanoi to violate land laws

The Hanoi Department of Natural Resources and Environment has just announced a list of 84 cases of land law violations with a total area of land violations reaching hundreds of thousands of square meters.

The list of violations includes the names of many large enterprises such as Hoang Thanh - Capital Land, An Phat real estate, Xuan Mai, Booyoung Vietnam, Constrexim construction, Pacific Thang Long...

According to the above list of violations, the businesses with land areas in violation range from the lowest of 2,000 - 3,000m2 to the highest of hundreds of thousands of m2 such as VNT Company Limited with the investment project to build the Lake Park in the Southwest Urban Area of Hanoi.

Many reasons for violations were pointed out, mainly because the land was allocated or leased by the State to carry out investment projects but was not used for 12 consecutive months or the land use progress was delayed by more than 24 months from the date of land handover.

Some cases are due to lack of site clearance or arbitrary transfer of land use rights without permission, or transfer not in accordance with the provisions of the Land Law.

Most of the violations were recommended to be handled with a 24-month extension of land use and to pay the State an amount of money equivalent to the land use fee and land rent for the period of delay in project implementation during this period. Some cases were recommended to be handled with the cancellation of the land allocation decision or land recovery.

According to Lao Dong's investigation on January 29, among the violations, the Textbook Printing Joint Stock Company in Hanoi attracted attention with its project to expand production space on a 7,662m2 plot of land in Tien Duong commune, Dong Anh district, because the project was planned to be implemented 13 years ago.

Documents obtained by Lao Dong show that in a document sent to the State Securities Commission, in 2010, the Textbook Printing Joint Stock Company in Hanoi had a capital contribution contract in the form of jointly controlled assets with the Educational Materials Joint Stock Company in Hanoi, the Hanoi Education Investment and Development Joint Stock Company, the Northern Educational Equipment and Books Joint Stock Company and the Educational Books Joint Stock Company in Hanoi to jointly implement the Project of requesting land to expand the production area on the above-mentioned 7,662m2 land plot.

The land plot of the Textbook Printing Joint Stock Company in Hanoi City was extended for 24 months, according to the decision from May 2020. Photo: Document capture

Accordingly, the Textbook Printing Joint Stock Company in Hanoi City is the representative unit to carry out the procedures and monitor the project costs. The land use right certificate is in the name of the Textbook Printing Joint Stock Company in Hanoi City.

The capital contributors will be able to use the product as a part of the land area corresponding to the capital contribution ratio compared to the total investment capital of the project. The total expected capital contribution is 7,662 billion VND.

After 3 years of having the above capital contribution contract, in June 2013, the 5 companies agreed to continue implementing the project and jointly contribute funds to carry out the remaining phases of the project.

However, according to the announcement of the Hanoi Department of Natural Resources and Environment, by the end of 2023, the above land will not be used for 12 consecutive months or the land use progress will be delayed for more than 24 months from the date of land handover.

In May 2020, Hanoi City decided to extend the land use term for the Textbook Printing Joint Stock Company in Hanoi City for 24 months and must pay the State an amount of money equivalent to the land use fee and land rent for the period of delay in project implementation.

"If the investor has not put the land into use after the extended period, the State will reclaim the land without compensation for the land and assets attached to the land, except in cases of force majeure" - the decision of Hanoi City stated.

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