These violations have existed for a long time, but have not been checked and handled by the authorities in HCMC in a timely manner. Therefore, the Government Inspectorate recommends that the People’s Committee of Ho Chi Minh City take measures to deal with units and individuals that commit violations, collect land use levy, recover illegal revenues…
Not only residential and housing projects, but also many industrial parks also committed violations according to the Government Inspector’s conclusion (Artwork). The Government Inspectorate has just issued the conclusion of Inspector No. 757/KL-TTCP on state management and law implementation in planning, construction management, land and environment for industrial parks and zones. urban; the conversion of houses and public land in a prime location to another purpose in Ho Chi Minh City “POINTS” MULTIPLE PROJECTS OF WRONG PROJECTS At the conclusion 757/KL-TTCP, the Government Inspector has “pointed out” many wrong projects. Specifically, in the project Lacasa Residential Area in Phu Thuan Ward (District 7) with a total area of 61,280m2 invested by Van Phat Hung Company. Through inspection results, this project was licensed by the Department of Construction 253/GPXD on December 30, 2016 (phase 1) to build blocks 3A-3B, 4A-4B, 6A-6B and basement. Commercial and service blocks, offices with accommodation, kindergartens with 2 basements are not in accordance with the approved planning. According to Decision 152/QD-UBND dated December 25, 2015 of the People’s Committee of District 7, the project has only 1 basement. A series of land violations in Ho Chi Minh City have been “pointed” by the Government Inspector and asked the Ho Chi Minh City People’s Committee to take measures to handle the responsibility for relevant individuals and organizations. … With the Vision project in Tan Tao A ward, Binh Tan district, invested by Khang An Real Estate Investment Co., Ltd., the Government Inspector concluded that this project has been converted to use the entire 59,236m2 of land to invest in the construction of residential areas when the project is not included in the land use plan, convert agricultural land to build a residential area, and are not included in the list of projects that need to use land in the use plan. The city’s 5-year land for the period 2001-2005 was approved by the Prime Minister, allowing residential areas to use land for a long time, but when allocated land, the investor did not register the land use demand. Not only that, the height of this project was built with 25 floors, 10 floors higher than the 1/200 plan previously issued by the People’s Committee of Binh Tan District. At the commercial apartment building at 38 Kim Bien and 88 Go Cong streets, invested by Saigon Real Estate Development Joint Stock Company 5 with an area of 1,827m2 and currently this land is leased as a parking lot. The inspection results showed that the People’s Committee of Ho Chi Minh City approved the change of land use purpose and assigned Real Estate Development Joint Stock Company 5 to be the investor to build the apartment building according to the planning without auction. The land use right price is not in accordance with the provisions of law. Due to the slow implementation of the project by the investor, the People’s Committee of Ho Chi Minh City is requested to consider withdrawing the project according to regulations. Another project of Saigon Real Estate Corporation as an investor is a luxury hotel at 458 Nguyen Tat Thanh, District 4 with an area of 5,950 m2. This is land managed by the State and assigned to the Department of Housing and Land of Ho Chi Minh City (formerly, now separated into Department of Construction and Department of Natural Resources and Environment). The inspection results showed that the People’s Committee of Ho Chi Minh City approved the policy of transferring some warehouse space to Saigon Real Estate Corporation – One Member Limited to repay the capital of phase 1 Rach U Cay and deliver The Saigon Real Estate Corporation continues to change the purpose of land use at 458 Nguyen Tat Thanh without auction, which is not in accordance with regulations… At the time of the project inspection, there was no decision on land allocation, no land use fee was determined, and no construction investment was implemented. Therefore, the Government Inspectorate proposed the People’s Committee of Ho Chi Minh City to review and consider to handle the withdrawal in accordance with the provisions of the Land Law. For the Phuoc Long B housing project (District 9), the investor compensates the people themselves, with the land use and site clearance unit with a total land area of more than 9,000m2, the project is calculated as follows: land use levy by the residual method. Through inspection, the People’s Committee of Ho Chi Minh City has the decision to allocate land No. 3852 (June 26, 2011) with an area of 2,180m2 and No. 1400 (April 2, 2004) with an area of more than 6,300 m2 for housing project but not included in the city’s land use plan for the period 2001 – 2005 approved by the Prime Minister. MULTIPLE INDUSTRIAL PARKS CHANGE YOUR PLAN ONLY In addition, the Government Inspectorate also pointed out many violations in industrial zones in the city. Accordingly, the investor has changed the planning by himself, built in accordance with the planning, used the land for the wrong purpose, obtained illegal profits, caused waste and loss of state property … Specifically, businesses lease land in industrial zones but do not exploit and use it, leading to a waste of more than 53,000 m2 of land. In which, Hiep Phuoc Industrial Park of Hung Vuong Joint Stock Company is nearly 42,000 m2, Le Minh Xuan Industrial Park of Vietnam Investment Joint Stock Company is more than 7,200 m2, in Tan Binh Industrial Park of the Company. limited liability Russia Bangkok is 4,000 m2… Many investors have changed their own planning, built improperly, used land for wrong purposes, obtained illegal profits, and caused waste and loss of state assets. At the Cu Chi Northwest Industrial Park, Cu Chi Trading Company and Saigon Beer Alcohol Beverage Joint Stock Company (Sabeco) signed Contract No. 04/HDCT on June 1, 2004 to lease 50 hectares for construction and operating the beer factory for 43 years, Sabeco has paid the entire land rent of more than 188 billion dong. However, by the time of inspection, Sabeco had only invested and used about 26 hectares, the remaining area had not been put into use for 9 years but did not apply for an extension of the land use period. The Government Inspectorate determined that this violated Article 15 of Decree No. 36/1997 of the Government, causing waste of land and the paid land rent of about VND 18 billion. In the existing Tan Tao industrial park, the investor is ITACO Company, which signs contracts for businesses, banks, etc. to lease land that is not in accordance with the approved regulations. The management board of the industrial park agreed to adjust the planning for more than 95,000 m2 of land that was not in accordance with its authority in the land areas planned for green trees, wharfs, etc. In the expanded Tan Tao Industrial Park, the investor leased land to 93 investors and earned about VND 1,041,953.2 million and more than USD 5.8 million in the period before July 1, 2014, but until July 1, 2014, has not yet fulfilled its financial obligations to the state, causing damage to the state budget… With Vinh Loc industrial park, for more than 20 years, the site clearance has not been completed, and the infrastructure of the industrial park has not been fully invested in according to the approved detailed planning, but only invested in each work item to allow to rent. Not to mention, the investor has been using a number of land plots not for the right purpose compared with the approved plan, using a part of the land as a treasure for Ben Thanh Tobacco Company to lease to build a factory and use the land. trees to build a wastewater treatment plant… For Hoang Quynh Joint Stock Company to build a brewery with a capacity of 100 million liters/year but without a construction permit, the construction did not conform to the planning criteria. approved… These violations have existed for a long time, but have not been checked and handled by the authorities in HCMC in a timely manner. Therefore, the Government Inspectorate recommends that the People’s Committee of Ho Chi Minh City take measures to deal with units and individuals that commit violations, collect land use levy, recover illegal revenues, request the investor to thoroughly remedy the violations. The Government Inspectorate also suggested that the Prime Minister assign the People’s Committee of Ho Chi Minh City to direct and organize the review of responsibilities and handle according to its competence to the concerned collectives and individuals. In case of exceeding competence or showing criminal signs, it shall be reported to competent authorities for consideration and handling according to regulations.
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