On September 20, Mr. Nguyen Van Thi, Permanent Vice Chairman of Thanh Hoa Provincial People's Committee signed Decision 3364/QD-UBND on approving the collection of land use fees for the new residential area of Nam Cong Cheo in Trieu Son town, and recording the advance payment of costs for the implementation of the traffic road project connecting Provincial Road 514 and National Highway 47C, Trieu Son district (BT contract) for the first time.
Accordingly, based on legal documents related to the project, along with the recent proposal on September 11 of the Director of the Department of Finance in Document No. 5364/TTr-STC, the leaders of Thanh Hoa province signed to approve the recording of revenue and expenditure advances at the above BT project with an amount of more than 43.8 billion VND.
The 2.7km-long route caused Thanh Hoa province to "lose" 3 "beautiful" plots of land with a total area of dozens of hectares.
Also according to the content of the document, the Department of Finance is fully responsible before the law, the Provincial People's Committee and inspection, examination and auditing agencies, and relevant agencies for the accuracy of data, consulting content, and proposals on recording land use fees for the new residential area of Nam Cong Cheo in Trieu Son town, recording advance payments for the implementation of the traffic project connecting Provincial Road 514 and National Highway 47C, Trieu Son district.
At the same time, the People's Committee of Trieu Son district is also fully responsible before the law, the Provincial People's Committee and inspection, examination and auditing agencies, and relevant agencies for the accuracy of the value of the confirmed volume of the completed traffic project connecting Provincial Road 514 and National Highway 47C, Trieu Son district.
In the document, the Department of Finance is assigned to preside over and coordinate with the Thanh Hoa Provincial Tax Department and the Thanh Hoa Provincial State Treasury to carry out procedures for recording land use fees; recording advance payments for the implementation of the traffic road project connecting Provincial Road 514 and National Road 47C, Trieu Son District (BT contract) to ensure full compliance with legal regulations.
In a quick phone conversation with Nguoi Dua Tin , the leader of the Department of Finance said that this is just a revenue and expenditure entry according to accounting practices.
To learn more about this accounting entry, speaking with Nguoi Dua Tin , lawyer Le Thien, Director of Khang Loi Law Company Limited, said that, based on Article 16 of Decree 69/2019/ND-CP effective from October 1, 2019, the accounting of state budget revenues and expenditures for the value of public assets paid to investors implementing BT projects is carried out in the form of recording state budget revenues and expenditures. Accordingly, there are 2 cases: the project has been settled and not.
In case the BT Project settlement has been approved, if the actual payment value of public assets is greater than the BT Contract settlement value, then revenue and expenditure shall be recorded according to the BT Contract settlement value. When the BT Investor pays money to the State budget for the difference between the value of public assets and the BT Contract settlement value, then the State budget revenue shall be recorded for the value of public assets in accordance with the provisions of the law on the State budget. In case the actual payment value of public assets is less than the BT Contract settlement value, then the State budget revenue shall be recorded for the value of public assets paid and the State budget expenditure shall be recorded for the value of BT Contract settlement value in accordance with the provisions of the law on the State budget.
In case the BT Project settlement has not been approved, record the State budget revenue for the value of public assets for the value of public assets paid, record the State budget advance payment corresponding to the value of public assets paid to implement the BT Project. When the competent State agency approves the BT Project settlement, record the BT Project value according to the settlement value and record the revenue and payment of the difference (if any) according to the provisions of Clause 2 of this Article.
The "vip" Nam Cong Cheo land plot in Trieu Son town is one of three plots of land assigned by Thanh Hoa province to Trieu Son BT Company Limited to correspond to the BT project.
According to the reflection , related to the above approval decision, on November 27, 2020, Thanh Hoa Provincial People's Committee allocated land in the first phase to the contractor joint venture, Trieu Son BT Company Limited, with a total area of 198,998.8m2 (nearly 20ha), in Decisions No. 5086/QD-UBND, Decision No. 5085/QD-UBND, Decision 5084/QD-UBND.
After the land allocation decision, Thanh Hoa Provincial People's Committee also issued a decision on approving specific land prices as the basis for determining land use fees paid to the State budget at the Nam Cong Cheo project land area, Trieu Son town.
Accordingly, on November 3, 2021, the People's Committee of Thanh Hoa province issued specific land prices as the basis for determining land use fees paid to the State budget to implement the Nam Cong Cheo new residential area project in Trieu Son town, Trieu Son district (phase 1). The specific land price corresponding to the land area allocated by the State with land use fees, after deducting costs (excluding site clearance costs) at this site calculated per square meter is 2,201,099 VND/m2.
The specific land price mentioned above is determined under the condition that the investor must invest in all technical infrastructure according to the investment project, the approved detailed planning for the land area assigned to implement the project and the State allocates land with land use fees for an area of 34,029.3 m2 of residential land.
The traffic project connecting Provincial Road 514 and National Highway 47C, Trieu Son district is a project with a total initial investment of more than 79 billion VND, implemented by the Joint Venture of Tien Dat Construction Joint Stock Company - Viet Thanh Joint Stock Company (BT Trieu Son Company Limited). This is one of the last projects in Thanh Hoa province to be implemented in the form of public-private partnership, BT contract type (build - transfer), before this type is officially "killed" (effective from January 1, 2021.
To implement this project, Thanh Hoa province initially planned to use 5 beautiful plots of land, with a total area of nearly 28 hectares in Trieu Son town and neighboring communes of Trieu Son district to make counterpart payments for the project.
However, after reviewing and recalculating, Thanh Hoa province has officially decided to adjust the counterpart payment from 5 areas to only 3 above-mentioned land areas, equivalent to a reduction of 9.3 hectares for the reason of "excess counterpart", after considering ensuring the principle of parity according to the provisions of the Law on Management and Use of Public Assets 2017, and Government Decrees and other relevant legal provisions.
Viet Phuong
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