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Build projects without land allocation
The Ho Chi Minh City inspector determines that the project has many errors in investment, construction, and real estate marketing. |
In particular, the investor voluntarily used land in Subdivision 11B to invest in the construction of works without allocation of land by the competent authorities in the field, construction of works outside the permitted scope, using housing. Construction contractors do not have certificates of operational capacity.
For the above violations, the main and direct responsibility belongs to the legal representative of East Mekong Company; State agencies such as the Phuoc Kien Commune People’s Committee, the leaders of the Nha Be District People’s Committee, the leaders of the Inspector of the Department of Construction, and the leaders of the Departments: Construction, Natural Resources and Environment are assigned in the relevant period. Responsibilities in the supervision, supervision and state management of the execution of the project as decentralized.
There are indications of tax offenses.
According to the conclusion of the inspection, the East Mekong Company mortgaged 22,931 square meters of land2 In the case of subdivision 11B for VPBank when this land has not received a certificate of land use right, it does not comply with the provisions of the 2013 Land Law. VPBank products in the relevant period.
Many related departments have to review their responsibilities due to many errors in this project. |
In terms of state management, the Department of Construction issues a construction permit when the investor has not yet approved an investment project for construction work, the land has not yet been delivered by a competent authority in the field, it has not complied with obligations. funding, without a certificate of land use right and not yet adjusted by the Nha Be People’s Committee, detailed planning 1/500 East Mekong residential area.
Building on the above mistakes, the Chief Inspector of Ho Chi Minh City proposed and was unanimously agreed by the Chairman of the Ho Chi Minh City People’s Committee, and concluded many important contents.
First of all, the East Mekong Company must strictly comply with the provisions of the law, urgently meet all financial obligations of the land allocated by the State with the collection of land use fees in accordance with taxes, other fees and charges in the project. While awaiting the conclusions on the revaluation of the land use rights, the company must continue to pay the amount of VND 50.1 billion according to the notice of the Ho Chi Minh City Tax Department and the decision of the inspector of the city to get the money back. HCM City. If the company continues to delay and delay meeting its financial obligations, the Ho Chi Minh City People’s Committee will assign the Department of Natural Resources and Environment to consider and propose to withdraw the project to be managed.
In addition, the investor urgently implements the project’s extension procedures, clearly establishing progress commitments and financial capacity to continue building complete urban technical infrastructure systems. social layer; completed and delivered 320 resettlement apartments to the Nha Be People’s Committee in quarter 4/2021.
In order to guarantee the rights of the households whose land is acquired, the company must undertake and be responsible for paying an amount equal to the temporary residence fee to support the households in case of late delivery of the apartment. With the commitment period, this allowance is paid from the moment you agree to deliver the apartment at the end of quarter 4/2021 until the moment of delivery of the actual apartment.
Review the responsibilities of many departments
The Construction Department handles violations of East Mekong Company’s construction, housing and real estate law, while at the same time strengthening law enforcement management, oversight and inspection. investor law.
The director of the Ho Chi Minh City Tax Department is responsible for inspecting the sale of apartments in the project, but has not reported income, value added tax, corporate income in violation of tax law to handle in accordance with the Law regulations, if there are indications of a crime of tax evasion, they will be transferred to the police unit for investigation and handling.
The Chairman of the H. Nha Be People’s Committee chairs and coordinates with the East Mekong Company Building Department the plan to receive, use and transfer resettlement apartments to homes. The leaders of the Ho Chi Minh City People’s Committee also assigned department directors: Construction, TN-MT, Director of the Tax Department and Chairman of the H. Nha Be People’s Committee to organize a review of the responsibilities of collectives and individuals under administration. defects, errors.
The Ho Chi Minh City inspector also asked the State Bank of Vietnam – Ho Chi Minh City Branch to verify the mortgage on a 22,931 square meter piece of land.2 between VPBank and East Mekong Company for its handling in accordance with the law.
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