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(+84) 898 898 688The 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.
Accordingly, in relation to the feedback and proposal on Ba Ria – Vung Tau Lotte Trade Center, the agency outlined a series of mistakes in the land transfer.
According to the Government Inspectorate, on November 9, 2010, Ba Ria – Vung Tau People’s Committee issued Decision No. 2933 / QD-UBND on the recovery of 10,400 sqm of land at the corner of 3/2 – Thi Sach street (Ward 8). Vung Tau City), which is managed by the People’s Committee of Ward 8 and assigned to the Trung Duong – Thai Son Joint Stock Company for the construction of commercial services Ngoc Tuoc Pvilion.
On March 9, 2011, Ba Ria – Vung Tau People’s Committee issued Decision No. 490 / QD-UBND approving the land price to calculate the land use fee, of which the total land use fee was VND 102.2 billion . As of December 23, 2013, Trung Duong Thai Son Joint Stock Company has paid the full land use fee and registration fee in accordance with the notice of the tax office.
On July 26, 2013, Trung Duong Thai Son Joint Stock Company signed the contract of transferring the project with Lotte Vietnam Trading Company Limited with the price of over 187.3 billion dong.
At the end of January 2014, Ba Ria – Vung Tau People’s Committee issued Decision No. 268 / QD-UBND on the withdrawal of 10.400sqm of land previously assigned to Trung Duong Joint Stock Company and to Lotte Trade Center Co., Ltd Vietnam leases all of the land for the purpose of investing in building the Lotte Vietnam Trade Center Ba Ria – Vung Tau.
On May 9, 2014, the Department of Natural Resources and Environment signed a land lease agreement with Lotte Trading Center Vietnam.
According to the Government Inspectorate, after Ms. Le Thi Cong (former director of Ba Ria – Vung Tau Department of Natural Resources and Environment) brought the case to the mouth, the provincial People’s Committee Ba Ria – Vung Tau has Decision No. 1996 / QD-UBND on the withdrawal and cancellation of Decision No. 2933 / QĐ-UBND.
At the same time, Ba Ria – Vung Tau People’s Committee also issued Decision No. 1997 / QD-UBND on the withdrawal and cancellation of Decision No. 268.
However, on June 2, 2017, the People’s Committee of Ba Ria – Vung Tau province issued Decision No. 1501 / QD-UBND on the revocation of Decision No. 1997 dated August 28, 2015, continues to accept Lotte Vietnam Trading Company Limited leases land.
The Government Inspectorate said that this land is public land and is clean land, not compensation for ground clearance, subject to auction of land use rights in accordance with the law on land.
“The fact that the People’s Committee of Ba Ria – Vung Tau province allocated land with this land use fee to Trung Duong – Thai Son Joint Stock Company does not violate Article 58 of Land Law 2003 and Article 61 of the Law on Land Use. Government No. 181, “the Government Inspectorate said.
According to the Government Inspectorate, the People’s Committee of Ba Ria – Vung Tau Province has decided to cancel the land allocation decision for Trung Duong – Thai Son Joint Stock Company, and refund land use fees and registration fees to the joint venture. this amount is VND101.2 billion.
However, the agency said that due to the above violations, the People’s Committee of Ba Ria – Vung Tau province has to spend more than VND17.6 billion of state budget to pay interest and related costs. Trung Duong Joint Stock Company – Thai Son, causing damage to the state budget.
“We need to get this money back to the state budget,” the agency said.
In addition, the Government Inspectorate also said that through the land use project transfer agreement and the consent of the People’s Committee of Ba Ria – Vung Tau province, Lotte Vietnam Trading Center Limited, although not yet submitted The land rent has not yet been issued but has been illegally used to build the Lotte Department Store and has been in operation since December 2014.
According to the law, it is necessary to withdraw the project, to recover the land and to conduct auction of land use rights to avoid losing the state budget.
However, as explained by the People’s Committee of Ba Ria – Vung Tau Province, in order to ensure the investment environment and create conditions for attracting foreign investment, the provincial People’s Committee has allowed Lotte Vietnam to continue leasing land. and Lotte Vietnam has also built assets on land and operates since late 2014 so the Government Inspectorate has proposed the Prime Minister to consider and decide.
In cases where the Prime Minister approves the permission of the People’s Committee of Ba Ria – Vung Tau province to continue leasing land to Lotte Vietnam for project implementation, the Government Inspectorate shall request the provincial People’s Committee to determine the land rent paid in lump sum for both Leasing time with the amount of VND187.3 billion.
“In addition, Lotte Vietnam has to pay a fine for delaying the payment of VND187.3 billion dong from the date of actual handover to the time of paying land rent,” the Government Inspectorate said.
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