Multiple projects in Ninh Binh violate land-use history

The Government Inspectorate has recently identified a number of eco-tourism villa projects, golf courses, and residential areas in Ninh Binh province that have violated land, planning, and construction regulations.

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The Government Inspectorate has just issued Notice No. 203/TB-TTCP announcing the conclusion of the inspection of the implementation of laws on inspection, citizen reception, settlement of complaints and denunciations, and anti-corruption; land management, licensing of exploitation of land mines, and stone as construction materials; and planning work in Ninh Binh province.

The inspection conclusion clearly states that through the examination and consideration of the content of 18 projects, including 16 land use projects and 2 mineral exploitation projects, the Government Inspectorate has discovered 7 projects with restrictions, deficiencies, and violations in terms of planning work, such as approval of inappropriate planning ratios, failure to adjust general planning, inadequate planning criteria in accordance with upper-level planning or construction standards. These projects, with a scale of over 5 hectares, lack detailed planning at a 1/500 scale and do not allocate social housing, including: the Yen Thang lake golf complex; Dong Thai lake ecotourism area; Ninh Binh east coach station; high-end wood processing plant in Xich Tho commune, Nho Quan district; Binh Minh residential area, Nho Quan district; Gian Khau industrial park; northern new urban area of Ninh Binh city and Hoa Lu district.

There are 7 projects in this province that have restrictions, deficiencies, and violations in determining land use fees, land leasing, failure to determine additional land leasing fees (adjustment of detailed planning, increase in floor area), late payment of land leasing fees, failure to adjust the land leasing price after the stable period of 5 years, and exemption of land leasing fees. Specifically, these projects are: Yen Thang lake golf complex, Tan An commercial and service center, Ninh Binh wholesale market, 3 industrial clusters (Gia Van, Gia Phu, Khanh Thuong), and Ninh Binh east coach station.

Duong Quoc Huy, Deputy Chief Government Inspector, presides over the announcement of inspection conclusion in Ninh Binh province. (Photo: TTCP)

The Government Inspectorate also discovered that in 5 projects (Ninh Binh wholesale market, Ha Thanh general commercial and service area, Phuoc Loc general commercial and service area, Van Gia restaurant and tourism products manufacturing area in Gia Vien district, Ha Nh petrol station, and high-end wood processing plant in Xich Tho commune, Nho Quan district), the project owners received the transfer of agricultural land use rights without the required permission documents from competent authorities. The Ninh Binh east coach station project has yet to carry out land use change for a portion of the area.

In Phuc Son Industrial Park, where Phuc Loc Industrial Park Development and Investment Joint Stock Company is the investor, the Government Inspectorate found that the Ninh Binh Provincial People’s Committee approved investment proposals and the Management Board of Industrial Parks granted investment certification for 4 commercial and service projects that were inconsistent with detailed planning and failed to comply with the Construction Law and Investment Law.

The investor of the infrastructure project in the industrial park has not fulfilled financial obligations and has not been granted a land use right certificate, but has leased the land to a secondary investor. The Management Board of Industrial Parks granted investment registration certificates to secondary investors for 6 projects in the industrial park that did not meet the required documents. The inspection conclusion states clearly that the Department of Construction provided recommendations to the Ninh Binh Provincial People’s Committee for approval of the list of land use projects with investor selection for some urban projects that were not in accordance with its authority and violated Decree No. 30/2015/NĐ-CP.

The Government Inspectorate requested a review and handling of the above-mentioned violations. The Ninh Binh Provincial People’s Committee will organize an assessment to clarify responsibilities and take strict action according to its authority. The State Bank of Vietnam (if necessary, in coordination with relevant ministries) will inspect and review the transfer of ownership, determine the transfer price of 66,842,700 shares (75% of the total capital) in PV-Inconess Co., Ltd., from Vietinbank’s managed fund limited liability company to TCG Land, which is related to the investment project for the construction of Dong Thai lake ecotourism area and Yen Thang lake golf complex. It will ensure the determination of the share price and the transfer comply with the provisions of the law.

In terms of economic handling, the Government Inspectorate requested the Ninh Binh Provincial People’s Committee to direct functional agencies to inspect, review, and handle an amount of over VND 246 billion, including the following: debt for safeguarding and developing paddy fields of 48 projects, totaling VND 50,795 billion; and debt for land use and rental of 79 projects, totaling VND 194.19 billion.

The conclusion also shows that Ninh Binh has 65 state-owned enterprises that have been equitized with nearly 392 hectares of land. After equitization, these enterprises have switched to annual land leasing with rent payments, without changing the land use purpose.

“The implementation of auctions of assets and land use rights for 62 land and housing facilities without a settlement plan is inconsistent with Government Decree No. 167/2017 and Prime Minister’s Decision (No. 09/2007, 10/2008)”, the inspection conclusion stated.

SOURCEvneconomy
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