The State Bank of Vietnam has just issued a letter no. 386 / TB-KTTN announcing auditing results, financial statements, activities related to management and use of state capital and assets in 2017 of Agribank. In particular, many of the errors related to land use of Sagri and its member businesses are specified.
According to State Auditing (State Audit), Dairy City One Member Co., Ltd. Ho Chi Minh City and the one-member limited liability company. Ho Chi Minh City has allocated land for production to some households and individuals whose addresses are outside the area where land is allocated or contracted in excess of the prescribed limits.
In Sagri, Dairy City One Member Co., Ltd. Ho Chi Minh City and the one-member limited liability company. There are some areas of lent, dispute, encroachment, not recovered. The State Audit also pointed out that Sagri and Ho Chi Minh City One-Member Limited Liability Limited Liability Company have leased more than 5.4 ha of land in contravention of regulations.
In addition, Agri Foods Import Export Co., Ltd. (100% owned by Sagri) has signed 10 contracts to contribute capital to establish new legal entities to invest in 24 land plots with an area of over 1919 ha.
Of this 1,919ha, Sagri has handed over 140ha of land and assets on land of Dairy City One Member Limited Company. Ho Chi Minh City for Sagri Agriculture Co., Ltd. handed over to Vineco Sagri Agriculture Co., Ltd. over 452ha, without a written approval of the People’s Committee of Ho Chi Minh City, no decision on land recovery and land allocation of the agency. authorization. This is contrary to Decision No. 09/2007 / QD-TTg of the Prime Minister and Decision No. 5039 / QD-UBND dated 16 September 2013 of the City People’s Committee on the recognition of land use rights with limited liability MTV Dairy HCMCity companies.
Of the 10 co-operation contracts, there are two contracts in which the real estate business is profitable, the trades must be withdrawn in accordance with Decision 929 / QD-TTg of the Prime Minister and in the areas not allowed to invest in Decree 91/2005 / ND-CP of the Government; 6 contracts have announced stopping cooperation but have not liquidated the contract.
In addition, Sagri has signed seven cooperation contracts (no new legislation) with 4 units for business cooperation on 7 facilities with a total area of 114ha.
In particular, Sagri has 6 co-operation contracts in the form of business organization on the land entirely by the partners in full authority. In return, Sagri is entitled to a fixed return that does not depend on the results of the business on the land. The substance of the cooperation contract is Sagri sublease land, contrary to regulations and no document approved by the People’s Committee of Ho Chi Minh City.
As for the cooperative project of Lang Le – Bau Co Industrial Park, Sagri also changed its partner from Hong Linh Transport Construction Investment Joint Stock Company to Phong Phu Corporation approved by the People’s Committee of Ho Chi Minh City.
SAV also said that when transferring the project of residential area in Phuoc Long B ward, District 9, Sagri also fails to perform additional financial obligations when adjusting the planning criteria, determining the transfer price is incorrect, This leads to a decrease in tax payments to the state budget.
With the issues raised, the State Audit raised six issues, suggesting the audited companies to do so.
Firstly, Dairy City One Member Co., Ltd and Ho Chi Minh City One-Member Limited Liability Company urgently review the land areas assigned to households and individuals in contravention of regulations; Revoking the land area borrowed by households, contracting grass planting in contravention of regulations.
Secondly, Sagri and Ho Chi Minh City Plant Company Limited reviews for the liquidation of contracts for lease of assets attached to land, which are leased by the State to pay annual rent, not in accordance with regulations.
Thirdly, Sagri, Dairy City One Member Limited Company and the Ho Chi Minh City One-Member Limited Liability Company urgently resolved to recover the disputed land, encroachment, loan
Wednesday, Sagri, Dairy City of Ho Chi Minh City Co., Ltd., JSC Vietnam, Agricultural Import and Export Co., Seafood and Seafood Joint Stock Company Saigon Plant Protection. With the authorities of the city, signed land lease contract for land area without land lease contract as prescribed.
Fifth, Nong Lam Seafood Import Export Co., Ltd has liquidated the contract with Trung Thuy Group Joint Stock Company. The area is not allowed to invest.
Friday, Sagri liquidated the cooperation contracts, contributed capital to establish a new legal entity, to cooperate business investment, on the land of the Corporation and the plant limited company of Ho Chi Minh City, not properly regulations. In addition, Sagri reported to the city’s authorities to determine additional financial obligations, due to a change in the housing project plan, in Quarter 4, Phuoc Long B Ward, District 9.
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