(NLDO) - Khanh Hoa Provincial People's Court announced the first instance verdict to annul the decision of Khanh Hoa Provincial People's Committee on approving land prices at the request of enterprises.
On the morning of February 20, the People's Court of Khanh Hoa province announced the first instance verdict on the administrative lawsuit between the plaintiff, Ha Quang Real Estate Joint Stock Company (Ha Quang Land), and the defendant, Khanh Hoa Provincial People's Committee.
After deliberation, the panel of judges accepted the plaintiff's lawsuit request and annulled administrative decisions including Decision 2282 dated August 2024 on approving specific land prices to calculate land use fees and land rent payable for the Le Hong Phong II project and Notices 11456, 11596, 11573 of the Tax Department.
Khanh Hoa Provincial People's Court accepted Ha Quang Land's lawsuit request.
Accordingly, the panel of judges determined that the process of determining land prices in Le Hong Phong II urban area was carried out at the time when Article 37 of Decree 71 regulating the surplus method took effect from June 27, 2024.
However, on July 31, 2024, the Department of Natural Resources and Environment submitted to the People's Committee of Khanh Hoa province to issue Decision 2282 (attached with the Minutes of the Provincial Land Valuation Council meeting, documents issued by the Valuation Consulting Unit), these agencies and organizations did not apply Article 37 of Decree 71.
This leads to the fact that this locality still applies the surplus method to determine land prices for projects according to the provisions of Decree 12 which has expired.
Based on Decision 2282, the Provincial Tax Department issued Notices 11456, 11596, 11573, requiring the investor to pay more than VND 1,245 billion in land use and land rental fees for the project.
Based on the above grounds, the court declared Decision 2282 and 3 notices of Khanh Hoa Provincial Tax Department to be annulled.
Le Hong Phong II Urban Area Project has not yet had a Land Use Rights Certificate.
Ha Quang Land was first allocated land by Khanh Hoa Provincial People's Committee in 2004 with an area of 100 hectares for the Le Hong Phong II project. In 2015, the Provincial People's Committee annulled the above decision and issued a new decision, handing over more than 51 hectares of land to Ha Quang Land to implement the Le Hong Phong II project.
Since then, the project has not yet determined the land price. On August 29, 2024, Khanh Hoa Provincial People's Committee issued Decision 2282 on approving the land price to calculate the land use fee and land rent payable for the Le Hong Phong II project.
Previously, Nguoi 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.
Source: https://nld.com.vn/ubnd-tinh-khanh-hoa-thua-kien-doanh-nghiep-19625022018304701.htm
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