VietNamNet Bridge - According to the Ministry of Justice, the Government Inspectorate's conclusions about some of the contents related to the management of land in the central city of Da Nang have a legal basis.
Da Nang to report to the Politburo the “$160 million losses”
The city of Da Nang.
The Ministry of Justice has sent a written report to the Prime Minister regarding the legality of some of the content of the inspection conclusion No. 2852, dated November 2, 2012, of the Government Inspectorate of the responsibilities of chairman of the Chair of Da Nang People's Committee--in the observance of law on inspection, complaints and denunciations and anti-corruption and inspecting a number of investment projects that have mixed opinions in recent times. The Ministry of Justice said the review of the legality of the inspection conclusion was performed at the request of the Government Office.
The Ministry of Justice confirmed the conclusions of the Government Inspectorate have legal basis. For example, it is not in compliance with the provisions of the Land Law and Decision No. 216 of 2005 of the Prime Minister, when Da Nang did not organize auction of the land use right with 44 projects. It is contrary to the provisions of Land Law 2003 when the Da Nang People's Committee assigned project management boards or some companies to sign contracts to transfer land use rights for investors.
The Da Nang People's Committee collecting land use fees that were lower than the prices issued by itself, for some cases is the violation to Article 4 of Decree No. 198, dated 2004 of the Government. Furthermore, the reduction of 10 percent of the land use fees for the households that were allocated land for resettlement, for organizations and individuals that were allocated or transferred with the land use right is the violation to the provisions of the Government.
In addition, 10 projects that the Da Nang People's Committee extended the deadline for paying land use fees is ultra vires. The collection of the land use fees is for the purpose of production and business, but the land use right certificates were noted as land for long-term use is also the violation to the Land Law 2003, causing great losses to the budget.
Previously, Mr. Nguyen Duc Hanh, Deputy Chief Inspector of the Government, said the inspection conclusions published in Da Nang is the final conclusion of the Prime Minister and Da Nang must perform it.
In the conclusion, the Government Inspectorate said that Da Nang willful violated the provisions of the Land Law and the construction regulations, causing VND3,400 billion (around $160 million) of loss to the State budget.
Nguoi Lao Dong