The Government Inspectorate has issued a document citing a string of land offenses, notably public property in Ho Chi Minh City, also requested to deal with the duties of relevant organizations and individuals.
Many companies are “spotted”
On May 13, 2021, the Government Inspectorate issued a review completion on condition law and management implementation in preparation, construction management, property and environment for industrial parks. ) Metropolitan regions; the conversion of both homes and public property in prime place to other functions in HCMC
Official Dispatch No. 757/KL-TTCP pointed out offenses in several enterprises and led to rigorously deal with these offenses.
The review bureau stated the companies were termed, such as: NoVa Real Estate Investment Group Joint Stock Company (Novaland); Joint Stock Commercial Bank for Investment and Development (BIDV); Construction Investment and Infrastructure Trading Company of Tan Tao Centralized Industrial Park (ITACO); Van Phat Hung Company; Van Thinh Phat Group, Bac Nam Construction Joint Stock Company 79; Hai Thanh Tourism and Service One Member Company Limited; ACC Aviation Construction Company; Tien Phuoc Company Limited, Company 990; City Real Estate Investment Company Limited; Nova Phuc Nguyen Real Estate Investment and Development Company Limited.
In the face of those offenses, the Government Inspectorate led the Ho Chi Minh City People’s Committee to examine and deal with the responsibility for those people and organizations included.
In addition, in regard to financial managing, the Government Inspector stated that the entire quantity of money and homes and property discovered by the review which have to be suggested for settlement has been VND 2,054.23 billion, USD 6,037,829.5 and 463,964.24m2 of property. .
In that, the Government Inspectorate led the retrieval into the State funding of 17,629 billion VND. At the exact same time, the City People’s Committee is responsible for thinking, managing based on its own proficiency, or proposing to manage 2,036.601 billion VND, 6,037,829.5 USD and 463,964.24m2 of property.
In the listing of companies named by the Government Inspectorate, it’s well worth noting the offenses at BIDV and Novaland.
Mistakes at job 39 – 39B Ben Van Don, investor Nova Phuc Nguyen
Project No. 39 – 39B Ben Van Don, Ward 12, District 4, Nova Phuc Nguyen Real Estate Development and Investment Company Limited is the investor having a land area of 6,202m2.
This is property owned by the country possessed by 02 components (Dong Nai Rubber Corporation and Ba Ria Rubber Company under the Vietnam Rubber Industry Group).
On December 29, 2009, the City Department of Planning and Investment issued a company registration certificate for a limited liability company with at least two associates to Viet Tin Co. , Ltd. , head office address 39 – 39B Van Don , Ward 12, District 4, Ho Chi Minh City. In that, Dong Nai Rubber Corporation One Member Company Limited donated 4.32 million VND (72 percent ); Ba Ria Rubber Company donated VND 1,680 million (accounting for 28 percent ); On March 25, 2010, the City People’s Committee issued Decision No. 1366/QD – The People’s Committee recovered and allocated property at No. 39-39b Ben Van Don, Ward 12, District 4 to Phu Viet Tin Co. , Ltd. to invest and do business under zoning.
On March 31, 2017, Phu Viet Tin Co. , Ltd signed a merger contract with Phuc Nguyen Real Estate Development and Investment Company Limited to Nova Phuc Nguyen Real Estate Development and Investment Company Limited.
The review results demonstrated that: Phu Viet Tin Co. , Ltd. Not establishing an investment project would be a breach of Clause 1, Article 6, Decree No. 12/2009/ND-CP obsolete February 12, 2009 of those Government “When investing in When investing in the construction of a work, the investor must organize the formulation of an investment project and submit it to the investment decider for appraisal and approval. The City People’s Committee’s Decision No. 1366/QD- People’s Committee dated March 25, 2010 on land acquisition, allocation and appointment of Phu Viet Tin Co., Ltd (new legal entity) as investor to implement Project No. 39 -39B Ben Van Don, ward 12, district 4 without an auction is not in accordance with Clause 1, Article 58 of the 2003 Land Law and Point 3.4, Section I of Circular No. 03/2009/TT – BKH dated 16 April 2009 Guidelines for selecting investors to invest in land-using projects by the Ministry of Planning and Investment.
Under the direction of the Government’s Standing Deputy Prime Minister in Document No. 22/TB/- VPCP dated March 25, 2021 of the Government Office, which requested the Government Inspectorate to supplement a number of relevant contents such as: : The plan to arrange and handle housing, the project investment of Phu Viet Tin Company, the merger of Phu Viet Tin Company into Nova Phuc Nguyen Company… However, according to the reports of the departments, In the industry under the City People’s Committee, this land location has been converted and used many times, transferring shares from Dong Nai and Ba Ria Rubber companies to a number of other enterprises over a long period of time; moreover, because of the time and scope conditions according to the inspection plan of the inspection team, the inspection team has not yet conducted a detailed inspection of these contents.
According to this conclusion, for this project of Novaland. Specifically, up to now, the project has been completed and sold out to users. Thereby, the Government Inspector found that the above housing position is public property, the settlement must be carried out according to the approved plan for arrangement and handling of state-owned housing. Therefore, the Government inspector asked the Ministry of Finance to conduct the inspection and take measures to handle in accordance with the law; During the inspection, if detecting signs of criminal damage to state property, the dossiers and documents shall be transferred to a competent agency for handling in accordance with law, so as not to lose the property of the State. government.
Wrongful project of Joint Stock Commercial Bank for Investment and Development of Vietnam (BIDV)
Office building and banking and finance center project at 117-119-121 Nguyen Hue street and 16 Ton That Thiep street, Ben Nghe ward, district 1 by BIDV as the Investor with the origin of land owned by the House. Water and private are alternately combined by 05 adjacent land plots with a total area of 2,735m2, including land areas belonging to the addresses: 117, 119, 121 Nguyen Hue and 16 Ton That Thiep, District 01; with the legal origin of the land as follows:
House No. 117 Nguyen Hue: Area: 273.5m2 (excluding the roadway); Formerly the headquarters of Transaction Office II – Bank for Investment and Development of Vietnam, managed by the State Bank of Vietnam – Ho Chi Minh City branch. The location and boundaries of the land area are according to the current map – position number 94173/ĐĐĐĐD-VPTT (1/3) made by the Center for Surveying and Mapping on February 13, 2007.
House No. 119 Nguyen Hue: Area: 1,638.8m² (excluding the road), managed and used by Banking University. In the land area, there is a 2-storey townhouse, which is the dormitory of Banking University (exit address: 08 Ton That Thiep, District 1), arranged for 05 cadres – employees to live; In which, 04 households on the first floor have been settled to sell their houses according to Decree 61/CP, 01 household on the ground floor is signing a house lease contract with the State.
According to the Government Inspector, in the boundary of the above-mentioned land area, there is also a land plot at 121 Nguyen Hue ground floor (land area = usable floor area = 96m²), which originated from Ben Thanh tourism service company management and use. Location and boundary of the land area according to the current map – position number 94173/ĐĐĐĐD-VPTT (2/3) prepared by the Center for Surveying and Mapping on February 13, 2007.
House No. 16 Ton That Thiep: Area 822.7m2 (not excluding the road), managed and used by Southern General Department Joint Stock Company, signed a rental contract with Thanh House Management and Business Company. city. Location and boundaries of the land area according to the current status map – the location approved by the Department of Natural Resources and Environment No.47002/CN-TNMT dated 12/02/2007.
05 households in the dormitory area with address 08 Ton That Thiep, District 01, located in the land area of 119 Nguyen Hue, District 1 and the ground floor at 121 Nguyen Hue, District 1.
On April 14, 2017, the State Bank of Vietnam issued Document No. 2603/NHNH-TCKT requesting BIDV to suspend the procedures for selling assets on land and transferring land use rights according to Decision No. 09/2007. /OD-TTg of the Prime Minister according to the direction of the Prime Minister in Document No. 342//TTg-VI dated March 7, 2017, pending the issuance of the decision to amend and supplement Decision No. 09/2007/QD. – TTg of the Prime Minister.
City People’s Committee issued Document No. 8773/UBND-TM dated December 17, 2007, Decision No. 4132/QD-UBND dated September 27, 2008 and Decision No. 3050/QD-UBND dated June 22, 2009 approving value of land use rights at these complex premises, before the issuance of Decision No. 5996/QD-UBND dated December 31, 2009 on allocating land to BIDV to use this land to invest in building construction. Offices and Banking and Finance Centers, in the form of land allocation with land use levy, are inconsistent with the provisions of Article 4 of Decree 198/2004/ND-CP, Clause 1, Article 5 of Decree 17. /2006/ND-CP of the Government, Clause 1, Article 4 of Decree 84/2007/ND-CP of the Government.
After being allocated land, since 2009 until now, BIDV has not put the land into use, has not implemented the project, but the City People’s Committee has not taken measures to handle and recover according to the provisions of Clause 12, Article 38 of the Law. Land 2003; Point i, Clause 1, Article 64 of the 2013 Land Law.
“At the period of review, the job hadn’t yet started construction investment, therefore the Government Inspectorate suggested the City People’s Committee to preside over and coordinate with all the State Bank to think about and manage according to regulations” Government Inspector recommended.