A series of land violations in Ba Ria – Vung Tau caused losses of nearly VND235 billion

The Government Inspectorate has just announced the inspection conclusions on state management of land, environment and capital construction investment in Ba Ria – Vung Tau province in 2011-2016 period.

Specifically, the Government Inspectorate said that through inspection of some documents of land allocation and lease at the Department of Natural Resources and Environment of Ba Ria – Vung Tau province, the inspection team discovered that the province allocated land Not through auction land use rights for 8 organizations to implement investment projects, with a total area of ​​540,976 sqm.

Lack of public land management

The results of the inspection at district-level People’s Committees under the Ba Ria-Vung Tau People’s Committee show that the management and use of public land funds are very loose and arbitrary; for households and individuals to encroach but not be handled definitely.

Particularly, Dat Do District People’s Committee uses 6,325 sqm of land for resettlement to allocate land with collection of land use fees to some cadres, civil servants and army officers working in the province without bidding land use rights, not yet in conformity with the law on land.

In addition, the agricultural land fund allocated to the communes directly managed also disseminated the loose management, leased land to the authorities, leased land not through auctions of land lease or using land for improper purposes.

Notably, in the period 2006-2016, the People’s Committee of Ba Ria – Vung Tau province approved 55 projects to convert 5,832ha of forest land for other purposes. Of which, the period of inspection (2011-2016), the conversion of 35 projects, 1,627 ha, but so far the provincial People’s Committee only appraised and approved 8 projects replanting forest or replacing plantations with replacement. Area of ​​71.24ha / 5.832ha.

In the financial management of land, according to calculations of inspection agencies, in the period 2011-2016 the total revenue from land reached VND5.602,7 billion, accounting for 0.92% of total budget revenues in the area. Liabilities of land use fees, land rent of organizations is about VND1,225 billion, accounting for 21.86% of land revenue.

Loss of state budget is nearly VND235 billion

According to the Government Inspectorate, the People’s Committee of Ba Ria – Vung Tau province shall determine the land unit price to serve as the basis for collection of land use levies and land rents at the actual land price at the time of actual land handover.

Specifically, the determination of land prices is not the actual time of handing over the land to the Rung Duong tourism resort owned by the Rung Duong Joint Stock Company, causing damage to the state budget amount of VND3.4 billion .

For the project of Phu My New Urban Area, Tan Thanh District invested by ATA Construction Investment Joint Stock Company, the Government Inspectorate said that it is necessary to re-determine the land unit price close to the transfer price of the right to use. Actual land use at the time of actual handover of land to avoid loss of state budget.

The agency also said that the People’s Committee of Ba Ria – Vung Tau province allowed extension of land use fees for the wrong objects, causing damage to the state budget amount of VND46.4 billion.

In addition, the province also approves two different land rents for the same purpose of non-agricultural production and business in the same location, with the same land use term, on the same land plot, in violation of subparagraph (b) 1, Article 56 of Land Law 2003, causing loss of state budget amount VND36.6 billion.

Phu My new urban area needs to re-determine the unit price land close to the actual transfer price of land use rights

In addition, the tax office shall reduce the land use levy for 20 years in cases where the land is allocated or leased from the State for non-agricultural production and / or business activities other than residential land and subject to land price re-determination. Market price is contrary to regulations. This reduction caused damage to the state budget of VND 139 billion.

The agency also said that the province does not charge fines for late payment to Ba Ria – Vung Tau Trade and Service Joint Stock Company, in violation of the Law on Tax Administration in 2007, causing losses to the state budget of the amount near VND200 million.

At the same time, the land use tax calculation for the change of land use purpose of Phuc Hung Holding Construction Joint Stock Company for the Hoan Cau Housing Project is not in accordance with the regulations, causing losses to the state budget of VND25 ,5 million.

In addition, the People’s Committee of Ba Ria – Vung Tau Province allocated land to Petrovietnam Real Estate Joint Stock Company for the purpose of residential land for the construction of Petrovietnam housing estate. However, the tax office calculated the land use fee for production purpose. Non-agricultural activities with a 50-year duration are not in line with Article 56 of the 2003 Land Law, causing losses to the state budget of nearly VND10 billion.

Xuyen Moc District People’s Committee appraised and approved the wrong compensation plan, leading to the tax agency deduct nearly VND460 million of compensation and support to land use fees for Bien Xanh Tourism Joint Stock Company Banh Xanh tourist area is not in accordance with the law.

You are reading the article A series of land violations in Ba Ria – Vung Tau caused losses of nearly VND235 billion in the Real Estate category at https://realestatevietnam.com.vn/.Any information sharing, feedback please email to contact.vietnamrealestate@gmail.com, Hotline (+84) 898 898 688 (24/7).

Special thanks!