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The Government Inspectorate has just announced the conclusion of the inspection in Hoai Duc district, Hanoi. One notable content is the violations at the Kim Chung - Di Trach project.

Kim Chung - Di Trach project (new name Hinode Royal Park) is a new urban area project with an area of 146.8 hectares, with a total investment of 41,248 billion VND located in Hoai Duc district, Hanoi . The project is invested by the Construction Trading Joint Stock Corporation (Viettracimex).

Regarding site clearance, the Government Inspectorate's conclusion pointed out many violations that were not in accordance with the law, such as: after 3 months from the decision to recover the total land, the People's Committee of Hoai Duc district issued a decision to recover land to each household and individual.

The Hoai Duc District Compensation and Clearance Council did not issue land recovery notices to each household and individual. Specifically, 104 files were checked and all lacked land recovery notices, which is not in accordance with regulations.

Hoai Duc District People's Committee carried out compensation and support for site clearance (GPMB) according to the area recorded on land use right documents, but not based on the actual measured area, which is not in accordance with legal regulations.

At the time of inspection, the land area of the project was handed over 136.48 hectares, a decrease of 1.68 hectares compared to the land area assigned in Decision No. 1174/QD-UBND dated May 8, 2008 of the People's Committee of Ha Tay province, but the project investor, the Construction Trading Joint Stock Corporation (Vietracimex) and the People's Committee of Hoai Duc district, had not proactively completed the documents to submit to the People's Committee of Hanoi to adjust the land area assigned to Vietracimex. At the same time, not handing over the land according to regulations for 10.28 hectares of land was a lack of effort, causing difficulties for the land use of the Project.

The main responsibility belongs to Vietracimex, Hoai Duc District People's Committee and related departments, offices and individuals.

Regarding land allocation and payment of land use fees, the Government Inspectorate also pointed out that the recovery of 138.17 hectares of land, handing over the project to Vietracimex but not specifying the land area allocated with land use fees, land lease, land use term... as a basis for determining land use fees, not basing on the approved detailed construction plan at a scale of 1/500, is not in accordance with regulations.

Before deciding to allocate land to Vietracimex, the Department of Natural Resources and Environment of Ha Tay province (old) did not assess the land use needs of the project.

The responsibility belongs to the People's Committee of Ha Tay province and the Department of Finance of Ha Tay province. The People's Committee of Hanoi city, relevant departments and branches and the investor are still carrying out the procedures to review, determine and pay the project's financial obligations according to regulations.

The functional departments, branches, and Hanoi City People's Committee have not inspected, reviewed, and specifically calculated to report to the Prime Minister to decide on the application of real estate risk costs and infrastructure maintenance costs that are not in accordance with regulations in the process of determining the land use fee of the Project with the amount of VND 89.3 billion according to Inspection Conclusion No. 2351/KL-TTCP dated September 17, 2012 of the Government Inspectorate, which is not in accordance with the direction of the Deputy Prime Minister.

Responsibility belongs to Hanoi City People's Committee, relevant departments and functional agencies of Hanoi City.

In addition, the Government Inspectorate also pointed out violations by the investor of this project, Vietracimex Company. Accordingly, Vietracimex invested in the construction of technical infrastructure works, construction works and houses of the Project without keeping records, drawings, detailed construction planning maps at scale 1/2000, 1/500 approved by competent state agencies; signed contracts to transfer land and houses to 16 customers when the project did not meet the conditions for transfer.

The Government Inspectorate requested the Hanoi People's Committee to direct the Hoai Duc District People's Committee to promptly complete the site clearance work and hand it over to Vietracimex to implement the project according to the overall adjustment of the approved 1/500 scale detailed planning, avoiding land waste; coordinate with Vietracimex to review and determine the amount of VND 20,362 billion that Vietracimex has paid, supporting the relocation of graves for subjects whose land was recovered to implement the project; develop a plan for compensation, support, and site clearance according to regulations; and correct errors in site clearance compensation.

Directing serious review, clearly defining responsibilities according to regulations for collectives and individuals due to improper implementation of legal regulations, allowing some shortcomings and problems to occur, and not actively implementing the Deputy Prime Minister's direction in inspecting, reviewing, calculating and submitting to the Prime Minister for decision to handle 89.3 billion VND due to the application of real estate risk costs and infrastructure maintenance costs that are not in accordance with regulations in the process of determining land use fees of the project.

Chau Anh

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