The Government Inspectorate has just announced the conclusion of the inspection of land management and use in accordance with the spirit of Resolutions 73 and 116 of the Government; planning and implementation of construction planning of Hai Phong City People's Committee.
During the inspection period, 5 equitized enterprises changed the land use purpose from production land of the equitized enterprise to land business and housing construction, including: Hachimex Trading Joint Stock Company, Matexim Hai Phong Joint Stock Company, Hai Phong Wagon Joint Stock Company, Binh Phat Chemical Materials Joint Stock Company, Ngo Quyen Construction Joint Stock Company.
In addition, there are 5 equitized enterprises that have handed over land to the state for management and use because it is not suitable for planning, purpose, and business lines according to regulations, with a total area of over 23,000m2. Among them, there are Hai Phong Funeral Service Joint Stock Company, Hai Phong Green Park Joint Stock Company, Hai Phong Bus Station Joint Stock Company, Hai Phong Waterway Traffic Assurance Joint Stock Company, and Hai Phong Water Supply Joint Stock Company.
Regarding the implementation of Resolution 73, the Government Inspectorate found that the People's Committee of Hai Phong City has not actively urged, guided, inspected, reviewed, and approved land use plans for equitized enterprises but have not had their land use plans approved by competent authorities, have not completed procedures for land allocation, land lease, and issuance of land use right certificates, especially for equitized central enterprises located in Hai Phong City.
Through inspection, the Government Inspectorate said that the implementation of Resolution 116 by the Hai Phong City People's Committee still has some limitations and shortcomings, such as the slow preparation and approval of planning and land use plans, which have not ensured progress. Through direct inspection of a number of projects, it was found that the time of approving investment policies, land allocation and land lease still has cases that are not in accordance with the planning and are not included in the annual land use plan.
In its conclusion, the Government Inspectorate also stated the results of granting certificates of land use rights, house ownership rights and other assets attached to land to organizations using land that were allocated land or leased land to implement projects in urban areas in Hai Phong City. Specifically, in the period 2011-2023, 218 organizations were allocated land or leased land, with 241 projects, totaling more than 9,957 hectares.
According to the inspection conclusion, the results of granting “red books” in Hai Phong City still have limitations and shortcomings. Specifically, some projects have not been granted “red books” because the project is adjusting the planning and investment policy or the investor has not fulfilled financial obligations. These include the project of a commercial center, office, apartment, luxury villa for sale and lease, 5-star hotel and night market food court in Thuy Nguyen district; the project to develop a residential area in Vinh Bao town.
In its conclusion, the Government Inspectorate also pointed out a number of shortcomings, limitations and deficiencies in the planning and implementation of construction planning for the 2015-2022 period in Hai Phong City. Specifically, investment resources for planning, investment in technical infrastructure, and social infrastructure are still limited; the progress of priority projects is still slow. By 2022, some key planning indicators have achieved low rates.
18 projects still have limitations and shortcomings
The Government Inspectorate also pointed out that in the process of deploying and implementing 18 projects in Hai Phong City, there are still some limitations, shortcomings and violations. Specifically, 11/18 projects still have limitations and shortcomings in planning work; 2/18 projects still have limitations and shortcomings in selecting investors to implement housing projects (International Overseas Vietnamese Village project, no bidding to select investors; Vu Yen Island Entertainment, Housing and Ecological Park project, selecting investors before consulting the Ministry of Construction to submit to the Prime Minister for consideration and decision is not in the right order).
Of the 18 projects above, the Government Inspectorate also said that 8 projects had limitations and shortcomings in determining land use fees. Specifically, applying the surplus method to determine land prices but analyzing and selecting comparable assets did not ensure compliance with regulations; determining some revenue and expense items without basis; determining the infrastructure investment capital rate that is not correct for the project scale...
For the two BT counterpart projects (Hoang Huy - So Dau project, Hoang Huy Green River New Urban Area project), Hai Phong City People's Committee did not determine to terminate loan interest when implementing land allocation according to the provisions of Clause 5, Article 3 of Decree 69. However, the Department of Construction and the investor later had a record confirming the completion of payment for the BT project, in which late payment interest was not calculated according to the BT contract.
According to the Government Inspectorate, the responsibility for the above limitations and shortcomings lies with the Chairman and Vice Chairman of Hai Phong City People's Committee in charge of the relevant field during the period; the Hai Phong City Land Valuation Council in charge of the relevant field during the period; the Directors and Deputy Directors in charge of the fields of the Departments of Natural Resources and Environment, Construction, Finance, Planning and Investment, etc.
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