Unilaterally change land use purpose, delayed tax payment

The Kiên Giang Inspectorate has just issued inspection conclusion No. 01 on inspection of the planning and implementation of construction planning for some related units in the province.

According to the inspection conclusion, Phu Cuong Kiên Giang Joint Stock Company (Phu Cuong Kiên Giang Company) adjusted the local land use planning in the BT31 land area, belonging to Zone I, the new urban area of ​​Phu Cuong, Rạch Giá City. Notification of land use fee payment was submitted on July 3, 2023 to the Kiên Giang Provincial Tax Department.

However, the company has still not paid more than VND 46 billion in land use fees despite the overdue notification.

Phu Cuong new urban area, Rạch Giá City, Kiên Giang of Phu Cuong Kiên Giang Joint Stock Company. Photo: KTĐT

In addition, Phu Cuong Kiên Giang Company has implemented a project to adjust the local commercial and service land areas in the central roundabout of Phan Thị Ràng (Phu Cuong new urban area, Rạch Giá City), changing the land use purpose but has not yet completed the procedure for changing the land use purpose.

At the same time, the inspection also pointed out violations at the Truong Phat Training and Examination Center for drivers owned by Trường Phát Limited Liability Company and the Kiên Giang Motor Vehicle Registration Center owned by Đoàn Thịnh Phú Company that have not completed the procedure for changing the land use purpose.

Based on these shortcomings, the Kiên Giang Inspectorate recommends that the Chairman of the Provincial People’s Committee direct the Director of the Department of Construction to promptly correct the violations that have been pointed out during the inspection.

Regarding the financial obligations for land arising from the adjustment of planning and new construction items of project investors, the Kiên Giang Inspectorate recommends that the Chairman of the Provincial People’s Committee assign the Department of Finance and the Provincial Tax Department to promptly re-determine the land prices according to the instructions in Notification No. 2872 dated December 19, 2023.

The provincial Inspectorate also recommends that the Chairman of the Provincial People’s Committee assign the People’s Committee of Rạch Giá City to take the lead in coordinating with the Department of Natural Resources and Environment, the Department of Construction, and other relevant agencies to inspect and review the above-mentioned 3 projects that have not completed the procedure for changing the land use purpose for proper handling according to legal regulations.

Recommendation to handle collective and individual responsibilities

The inspection conclusion also pointed out the responsibility of the People’s Committee of Rạch Giá City in the slow establishment and adjustment of planning tasks (4 projects).

The collection of public opinions on tasks and planning projects does not comply with the regulations on time and forms of collecting opinions (1 project).

In addition, the dossier of planning tasks does not include a diagram of the location of the planning area and a map determining boundaries – studying and determining the scope of zoning planning in the planning task dossier; the approved planning project does not specify the area of ​​land for social housing construction, public housing (1 project), which is not in accordance with regulations.

There are two planning projects that have been approved but are not suitable for the overall adjustment of general planning of Rạch Giá City. Two planning projects approved are not in accordance with the land use planning until 2020 of the city…

According to the inspection conclusion, the Department of Construction of Kiên Giang has appraised and submitted to the Provincial People’s Committee for approval of 51 projects.

Results of random checks of 7 projects, 2/7 projects have shortcomings and violations such as: Detailed planning approved the size of adjacent lots for attached and separate houses with two sides adjacent to major road networks of main roads (more than 60m) but not arranging pedestrian paths with a minimum width of 4m. One approved project has land for construction of social housing but arranges an area of ​​apartments exceeding the prescribed limits for the construction of social housing.

In terms of construction management, the Department of Construction of Kiên Giang has issued 293 construction permits. During the random inspection of 50 dossiers, 41 dossiers were found to be lacking content; 6 dossiers did not have on-site inspection records; 17 dossiers adjusted the floor area but did not have documents appraising the adjustment of basic design; 34 cases were found during on-site inspections without construction permits, but the Department of Construction of Kiên Giang did not handle administrative violations related to construction order according to their authority.

Nguyen Le