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The 225 Nam Ky Khoi Nghia land, District 3, Ho Chi Minh City withdrew capital without auction is one of 12 cases that the Government Inspector proposed to the Prime Minister to assign to the Ministry of Public Security to investigate Enforcement violations – Photo: TTD
This is one of the notable contents raised by the Government Inspection at the conclusion of the inspection of compliance with the law in the management and use of land, in which the land originates from state-owned agricultural and forestry companies in Vietnam Rubber Industry Group, Vietnam Forest Corporation and Vietnam Tea Corporation.
It is worth mentioning that when the Government Inspector verified that the Tea Corporation brought 12 plots of land to contribute capital, this unit responded “without documents.”
Divestment without auction
In addition to the inspection of the management and use of agricultural and forest lands, the Government Inspector has clarified many errors related to the reorganization of state-owned real estate in 3 groups and declared corporations. in.
One of the most serious violations that has been noted is having many state real estate establishments contribute capital to joint ventures or associates of Tea Corporation.
The inspection agency said that according to the documents provided, related to 12 plots with a total area of more than 68,500 square meters, before the habilitation, the Board of Directors, the Board of Directors of Tea Corporation sent to contribute capital to joint ventures . linkage for the right to use the land, divestment, transfer of investment value. However, so far, most of these real estate establishments, including thousands of square meters of land, areas with prime locations in Hanoi and Ho Chi Minh City, have fallen into private hands.
Specifically, the 1,500 square meter land in Tran Khat Chan Street, Thanh Nhan District, Hai Ba Trung District, Hanoi, is authorized by the Ministry of Agriculture and Rural Development to be a joint venture with Tea Import-Export and Development. Company with foreign partners. Invest in the construction of a tea auction center and the Huong Tra International Hotel.
Tea Corporation spent 3.8 billion VND to offset the cleanup of the site, but because no joint ventures were implemented, the Board of Directors of the Corporation decided to assign the CEO to transfer the value of the investment rights. it is 8.5 billion dong.
In September 2011, the corporation representing Song Chau Company signed a unified contract with the corporation’s contents to transfer the project, in which the corporation’s capital contribution is 10 billion dong. At the time of inspection, this land was managed by Song Chau Company.
The land area of more than 1,800m2 in 126 Lach Tray, Ngo Quyen District, Hai Phong was temporarily leased to the corporation by the Hai Phong City People’s Committee since 1981 to expand Huong Tea Enterprise. In March 2008, the Corporation’s Board of Directors issued a resolution approving the capital contribution to establish a joint stock company (Duyen Hai Investment Joint Stock Company).
A joint venture capital contribution agreement signed between the corporation and representatives of Ngoc Hai Joint Stock Company, Ltd. 2-9, under which the parties agree to contribute capital to establish Duyen Hai Investment Joint Stock Company with a share capital of 20 billion VND, each party contributes 25%.
In 2009, the Board of Directors of the Corporation issued a resolution on the divestment of all capital in Duyen Hai Company, including this territorial area. At the time of inspection, this land was managed and used by the Duyen Hai Company.
Similarly, the land area of more than 11,600m2 at 341 Van My, Da Nang Street, Hai An District, Hai Phong was contracted by the Hai Phong City People’s Committee for Tea Industry Materials Enterprise since 1986. In 2009 , the Board of Directors. The company has a resolution on the restructuring of this real estate location.
Thanh Dat Corporation and Thanh Dat Company (a private unit) have signed a cooperation agreement to exploit the land on this land, together to contribute capital to establish a new legal entity called Nam Cuong Joint Stock Company. The total capital contributed is determined to be 25 billion VND, of which Tea Corporation contributes 20.5 billion VND, which represents 85% of the share capital.
The Board of Directors of the Corporation then issued a resolution approving the Van My – Hai Phong Warehouse Investment Association to establish a new joint stock company named Nam Cuong Trading Joint Stock Company and Exporter. Two years later, the corporation divested all of the capital in Nam Cuong Company. At the time of the inspection, this land was managed and used by Nam Cuong Company. The violations in the 3 land areas mentioned have been transferred to the Ministry of Public Security by the Government Inspectorate for investigation.
The land at 25D Cat Linh, Hanoi is also one of 12 cases proposed by the government inspector to investigate – Photo: VIET DUNG
Corporations say “no more documents”
Also in accordance with the conclusion of the inspection, the Hanoi People’s Committee allowed the Material Transportation Station of the Tea Import and Export Company to lease the 6,000m2 area for storage. In 2009, the Corporation’s Board of Directors issued a resolution approving the asset restructuring at the Co Loa – Dong Anh warehouse.
On August 26, 2013, the corporation signed a contract with Ms. Pham Thi Nga on the agreement to establish Viet Hung Company with a registered capital of VND 15 billion. The Corporation contributes capital with the value of land assets of VND 5.3 billion.
Just two days later (August 28), the Board of Members of the Corporation had a resolution to approve the previous contract and restructure the assets of this land. However, in collaboration with the inspection agency, the unit reported that “there is no resolution on the divestment.”
Viet Hung Company has paid the corporation 4.8 billion VND, the remaining 500 million VND reporting unit has been paid, but “lost records, documents.” Currently, this land is managed and used by the Viet Hung Company.
The 13,600-square-meter plot of land was leased by the Hoa Binh Province People’s Committee to the Luong Son Tea Factory since March 2011. Just 3 months later, Tea Corporation issued a resolution approving the restructuring of the Luong Tea Factory. They are asking for the cooperation of joint ventures to establish a new legal entity.
Representatives of the corporation and several private companies cooperated to establish the HOTSUN-JAPAN joint venture with a registered capital of 4.5 billion VND. The corporation that contributes capital for this land is determined at the asset value of VND 5.5 billion.
More than a year later, the Board of Members of the Corporation issued a resolution on divestment and this company paid the corporation 5.5 billion dong. Currently, this land is managed and used by the HOTSUN-JAPAN company.
According to the conclusion of the inspection, when examining about 12 real estate areas that the corporation contributes to contribute capital to the joint ventures, “the reporting unit so far does not have any more documents or documents or does not deliver all the related documents. Agency.”
In particular, the inspection agency suggested that Vietnam Tea Corporation provide documents and documents for authorities to investigate and handle violations in the use of real estate, capital contribution to joint ventures. Opinion of the owners, disinvestment not through auction, signing of lease contracts for houses and land in violation of land regulations.
180,000ha of land has been produced in 30 provinces that need to be managed
According to the conclusion of the inspection, there are more than 180,000 hectares of land in 30 provinces and cities where errors occur and need to be managed. In which, the unresolved invaded area is almost 20,000 hectares, the land overlaps, the same certificate of land use rights is nearly 3,000 hectares.
In particular, with Rubber Group, there are still many problems in Phu Rieng Rubber One Member Company Limited, Chu Se Rubber One Member Company Limited, companies in Binh Duong, Binh Phuoc.
In the Forestry Corporation, according to the Government Inspector, the People’s Committee of Hoa Binh province has the decision to recover the land from the Hoa Binh Forestry Company for investors to use it, build works on forest land, although before This area of land has been approved by the Prime Minister for companies after the approval of state-owned companies.
In addition to transferring files related to 12 parcels of land for investigation by the Ministry of Public Security, the Government Inspectorate also believes that the People’s Committees in Hanoi, Ho Chi Minh City, Hai Phong and many localities are responsible for the state management of a Some real estate establishments have fallen into private hands.
The Government Inspectorate proposes that the Prime Minister instruct the Popular Committees of the localities to review, rectify and resolve the errors and deficiencies indicated in the conclusion.
The Ministry of Agriculture and Rural Development directs the review and management of the responsibilities of the units and individuals of the Tea Corporation. The company’s State Capital Management Committee reviews and manages the liability of organizations and individuals who have infringed on Rubber Group and Forestry Corporation.
