The flaw in land use conversion in the Vietnamese Land Law has unknowingly created the opportunity to enrich many SOEs.
According to the provisions of the Land Law, organizations and individuals, when converting land use purposes, must be licensed by competent state agencies. Owners can move from agricultural land to non-agricultural land, non-agricultural land, non-agricultural land used for public purposes to commercial and service land. open to state-owned enterprises to make the profit.
National Property lost by loophole Land law
According to the General Department of Taxation, within 60 years, 60 state-owned enterprises have converted their land use purposes, of which the majority of them have been converted from agricultural land, production land, Land for housing projects, high-rise buildings, schools and mixed-use housing. This will not matter if the business is not spilling law to profit.
Previously, most of the land was handed over very easy because then the country’s circumstances are difficult, people have not thought that the land will lay eggs as it is today, but simply provide land to business operations, serving the needs of the people and economic development. But nowadays, they turn into the prime location in accordance with the standard “land, gold”.
Therefore, after the equitization or relocation, state-owned enterprises do not hand over land to the State, transfer, convert or change the purpose of land use to implement works, project. This is done silently, not through public auction so no one knows the actual value of the land at the moment, but certainly the price difference at the time of the initial handover with the transition time. It is not a small number.
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Actually, according to the Land Law, it is clear that such a transfer is not wrong, but it has caused the State’s wealth to be lost a lot.
According to Nguyen Tran Nam, former vice minister of the Ministry of Construction, president of Vietnam Real Estate Association, the employment of businesses has affected the country’s property, so the inspection and examination are a must do… However, how do we solve this problem?
After completion of procedures for changing the land use purpose, the enterprise has quickly deployed the projects, construction works. Now, if the suspension is to be checked, it should be considered because it has many undesirable remedies, such as affecting the rights of homebuyers, affecting the employment of workers. in projects, affecting both the interests of the investor …
Moreover, despite being a form of spelling rule, it is undeniable that completed projects have helped people stabilize their lives, improve urban infrastructure and at the same time create more value. and the profit.
Mr. Le Hoang Chau, Chairman of HOREA, should not suspend the project under construction inspection. Dr. Pham Sy Liem said that the project must be constructed and handed over to create benefits, the State should recover the value of losses from it to solve the problem.
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