(NLDO) - Khanh Hoa Provincial People's Court has decided to temporarily suspend the implementation of two decisions of the Provincial People's Committee on approving specific land prices for two projects in Nha Trang City.
Accordingly, the People's Court of Khanh Hoa province has decided to apply emergency measures to temporarily suspend the implementation of two decisions on approving specific land prices to calculate land use fees at two projects in Nha Trang city.
These two projects include: Napoleon Castle I Apartment Project at 25-26 Nguyen Dinh Chieu, Vinh Phuoc Ward, Nha Trang City by Cat Tiger Khareal Company Limited; Le Hong Phong 2 Urban Area Project by Ha Quang Real Estate Joint Stock Company.
The two above mentioned companies are the plaintiffs, suing the People's Committee of Khanh Hoa province in the administrative case of "Complaints about administrative decisions on land use". The defendants are the People's Committee of Khanh Hoa province and the Tax Department of Khanh Hoa province.
Pursuant to the Plaintiff's request, Khanh Hoa Provincial People's Court temporarily suspends the enforcement of Decision No. 2281/QD-UBND (dated August 29, 2024) of Khanh Hoa Provincial People's Committee until there is an effective judgment on the settlement of the lawsuit requests of Cat Tiger Khareal Company Limited.
Similarly, Decision No. 2282/QD-UBND dated August 29, 2024 is also temporarily suspended from implementation until there is an effective judgment on the settlement of the lawsuit request of Ha Quang Real Estate JSC.
According to the document of Khanh Hoa Provincial People's Court, after reviewing the evidence related to the application of temporary emergency measures, it is considered necessary to apply temporary emergency measures by the plaintiff to temporarily suspend the above two decisions and the collection notices of Khanh Hoa Provincial Tax Department.
Pursuant to Article 69 of the Law on Administrative Procedures, Khanh Hoa Provincial People's Court ordered Khanh Hoa Provincial People's Committee to carry out this temporary suspension.
The Lao Dong newspaper reported that hundreds of households in Le Hong Phong II Urban Area have not been granted land use rights certificates or property ownership certificates attached to the land for decades because the Khanh Hoa Provincial People's Committee has not approved the land use fee for the project and the investors have not fulfilled their financial obligations.
Previously, Nguoi Lao Dong Newspaper reported that on August 29, 2024, Khanh Hoa Provincial People's Committee issued Decision 2282/QD-UBND approving specific land prices to calculate land use fees and land rent payable for the Le Hong Phong II new urban area project. The total amount that Khanh Hoa Provincial People's Committee required businesses to pay is more than 1,250 billion VND.
Ha Quang Real Estate JSC filed a lawsuit against Decision 2282 because it believed that the Khanh Hoa Provincial People's Committee determined land prices in violation of the principles of the Land Law, creating a huge financial burden for investors.
Specifically, this enterprise believes that it is necessary to determine land prices according to Article 37 of Decree 71, especially the price appraisal certificate, price plan submission, and land price approval decision.
Source: https://nld.com.vn/tam-dinh-chi-2-quyet-dinh-phe-duyet-gia-dat-cua-ubnd-tinh-khanh-hoa-196241210164610064.htm
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