Series of land and construction violations
Recently, the Government Inspectorate issued the Inspection Conclusion on the implementation of laws on inspection, citizen reception, settlement of complaints and denunciations, and anti-corruption; management and use of land, licensing of land and stone mines for construction materials; planning in Ninh Binh province.
Headquarters of Ninh Binh Provincial People’s Committee
Through the inspection of 18 projects, the Government Inspectorate found 7 projects with deficiencies and violations in planning work such as improper approval of planning, failure to adjust the master planning, planning objectives that are not suitable with higher-level planning or construction standards. Projects with an area of over 5 hectares but without a detailed 1/500 planning, no arrangement of social housing. These 5 projects include: The Yen Thang Lake 54-hole golf complex and sports center; Dong Thai ecological tourism area; Eastern Bus Station in Ninh Binh City; High-end timber processing plant in Xich Tho commune, Nho Quan district; Binh Minh residential area, Nho Quan district; Gian Khau Industrial Park; New urban area in the north of Ninh Binh City and Hoa Lu district.
These 7 projects have restrictions, deficiencies, and violations in determining land use fees, land lease fees, failure to determine additional land lease fees (adjustment of detailed planning, increased floor area), late payment of land lease fees, failure to adjust land lease prices after a stable period of 5 years, exemption of land lease fees. Specifically, these projects are: The Yen Thang Lake 54-hole golf complex and sports center; Tan An commercial and service center; Ninh Binh general wholesale market; 3 industrial clusters (Gia Van, Gia Phu, Khanh Thuong); Eastern Bus Station in Ninh Binh City.
The inspection found that in 5 projects, the investors received the transfer of agricultural land use rights without the documents permitted by competent authorities (Ninh Binh general wholesale market; Hanoi Ha Thanh integrated business and service district, Phuoc Loc; Restaurant and production facilities serving tourism in Van Gia commune, Gia Vien district; Ha Anh petroleum depot; High-end timber processing plant, Xich Tho commune, Nho Quan district). The Eastern Bus Station in Ninh Binh City has not implemented the conversion of land use purpose for a part of the area, 3,738m2.
In the Phuc Son Industrial Park managed by the Joint Stock Company – Phuc Loc Industrial Park Development and Investment Corporation, the Government Inspectorate found that the Ninh Binh Provincial People’s Committee approved the investment project proposal and the Industrial Park Management Board issued investment certificate for 4 commercial and service projects that are not suitable with detailed planning regulations, and do not comply with the Construction Law and the Investment Law.
The Ninh Binh Provincial People’s Committee leased land for 3 commercial and service projects that do not comply with the land use plan, in violation of the Land Law. The investor of this industrial park infrastructure project was concluded to have not fulfilled the financial obligations and was not granted land use rights certificate, but allowed sub-investors to lease land.
The Industrial Park Management Board issued investment certificates for 6 projects in the industrial park that have not ensured the required records.
The inspection conclusion clearly states: “The Department of Construction advised the Ninh Binh Provincial People’s Committee to approve the list of land use projects with investor selection for urban projects that are not within their authority, in violation of Decree No. 30/2015 of the Government”. The Government Inspectorate requested a review and handling of the above-mentioned violations. The Ninh Binh Provincial People’s Committee is requested to conduct a thorough review of responsibilities and handle them strictly according to their authority.
The State Bank (if necessary, in coordination with relevant ministries and departments) should inspect and review the transfer of ownership, determine the transfer price of 66,842,700 shares (75% of capital ownership) at PV-Inconess Company from Vietinbank Mutual Fund Management Company to TCG Land related to the investment project of constructing Dong Thai ecological tourism area and Yen Thang Lake 54-hole golf complex and sports center. Ensure the determination of share prices and the transfer in accordance with the provisions of the law.
Poor asset and income declaration
Regarding inspection work in the period 2016 – 2022, the Ministry of Finance concluded that some agencies in this province have not paid enough attention to the responsibility of the heads of agencies; some units have not completed their approved inspection plans; some inspections have not met the required procedures and processes.
The handling of letters has been slow due to the delay in issuing internal regulations and rules; regular reception of citizens by some heads of agencies and units does not meet the minimum number of days; guidance and supervision after citizen reception, after handling complaints and denunciations have not been effective and timely; classification and processing of letters are still mistaken in content and fail to properly consider the nature of the case.
The settlement of complaints and denunciations has some cases without the issuance of decisions to suspend the settlement process when the citizen withdraws the letter; delays in receiving and resolving complaints, failure to meet the deadline, failure to publicly announce decisions on settling complaints and denunciations.
In terms of anti-corruption work, the Ministry of Finance believes that some agencies have not developed plans to organize inspections and self-inspections; many units have not properly implemented the regulations of the 2018 Law on Prevention and Control of Corruption regarding asset and income declaration, many inspected declarations are incorrect and do not comply with the guidelines…
Suggesting financial sanctions worth hundreds of billion dong
In the management and use of land from 2011 to 2022, the Ministry of Finance concluded that there are still 48 works and projects in Ninh Binh province related to the protection and development of paddy fields with debts of over VND 50.7 billion; 79 other projects owe land lease fees of over VND 194 billion.
In addition, there are 942 works and projects serving the purpose of the new rural development with land from public purposes or donated by the people, but by the time of the inspection, these cases have not completed land procedures, posing potential future disputes; 320 cases of households and individuals arbitrarily converting agricultural land use purposes to residential land, production land, non-agricultural business land with an area of 91.30 hectares; 197 cases of encroachment on public land and unauthorized construction.
Based on the inspection results, the Government Inspectorate suggested that the Prime Minister direct the Chairman of the Ninh Binh Provincial People’s Committee to review and guide individuals with the obligation to declare assets to understand and correctly comprehend the legal provisions on asset and income declaration; urgently amend and supplement regulations and rules on citizen reception at units where they are lacking; open notebooks, well-implement guidance and supervision after citizen reception, after complaint and denunciation settlement, and after inspection.
For violations in land management, the Provincial People’s Committee needs to complete land procedures as regulated for projects and works serving the new rural development with the use of land not in accordance with cadastral records; review the determination of land use fees, additional land lease fees (if any) to collect to the state budget.
In particular, it is necessary to completely handle the debt of over VND 50.7 billion for the protection and development of paddy fields in Ninh Binh and over VND 194 billion of land lease fees for 79 projects.
The Ministry of Finance also suggested that the Ninh Binh Provincial People’s Committee direct the heads of relevant agencies, units, and localities to conduct a review, clarify responsibilities of each organization and individual involved in the violations.
If the inspection process discovers cases of budget losses or signs of criminal law violations, they shall transfer them to the investigative agencies for handling according to regulations.
