Khanh Hoa Provincial People's Committee (old) illegally leased land and sold assets on land without auction.

The conclusion of the Khanh Hoa Provincial Inspectorate shows that the Provincial People's Committee sold assets on land at 07 Hung Vuong, Loc Tho Ward, Nha Trang City without auction, which is a violation of regulations.

The Art Nest Hotel (Hung Vuong Street, Nha Trang Ward), investor is Forio Nha Trang Company Limited - Photo: NGUYEN HOANG

Khanh Hoa Provincial Inspectorate has just concluded a thematic inspection of projects with difficulties, obstacles, slow progress, and low efficiency in the province, in which it determined that The Art Nest Hotel project had many violations.

Land planned for construction of public works becomes commercial service land

The Art Nest Hotel project is being implemented on a land area of ​​835.75m² at 07 Hung Vuong, Loc Tho ward, Nha Trang city (now 33 Hung Vuong, Nha Trang ward). The total investment of the project is 150 billion VND, the investor is Forio Nha Trang Company Limited.

According to the inspection conclusion, the Department of Agriculture and Environment of Khanh Hoa said that at the time of granting the investment certificate, according to the adjustment of land use planning until 2010 and the 5-year land use plan (2006 - 2010) of the People's Committee of Khanh Hoa province decided by the Government, the above land plot No. 07 was planned as land for construction of public works.

At the time of land lease in 2009 and 2014, according to the adjustment of land use planning until 2010 and the 5-year land use plan (2006 - 2010) of Khanh Hoa Provincial People's Committee, land plot No. 07 was planned as land for construction of public works and land use planning until 2020.

Next, in the first land use plan (2011 - 2015) of Nha Trang City approved by the Provincial People's Committee, this land plot was still planned for construction of public works.

Regarding land allocation and leasing, the Inspectorate determined that on May 25, 2009, Van Phong Investment and Development Joint Stock Company submitted an application to lease land at 07 Hung Vuong, after which the Khanh Hoa Provincial People's Committee issued a decision to lease land at 07 Hung Vuong to this enterprise to build an office and a high-class hotel.

By 2024, based on the proposal of the Department of Natural Resources and Environment, the Provincial People's Committee issued a decision to reclaim the land leased by Van Phong Investment and Development Joint Stock Company and lease the land to Forio Nha Trang Company Limited to implement the Van Phong luxury hotel project.

The Inspectorate determined that the People's Committee of Khanh Hoa province leased land to Van Phong Investment and Development Joint Stock Company (purpose of use: land for production and business facilities), Forio Nha Trang Company Limited (purpose of use: commercial - service land) to implement the above project while the land was planned for construction of public works, which is a violation of regulations under the 2003 Land Law and the 2013 Land Law.

Up to now, according to the land use planning until 2030 of Nha Trang City, the above land plot is planned as commercial and service land, which is suitable for the project. Therefore, the Inspectorate concluded that this project is currently in accordance with the approved planning.

Determining the time of calculating land rent in violation of regulations

The land at 07 Hung Vuong (now 33 Hung Vuong, Nha Trang ward) is located next to the headquarters of Khanh Hoa Provincial Labor Federation - Photo: NGUYEN HOANG

The inspection conclusion clearly stated that the Khanh Hoa Provincial People's Committee's determination of the time to calculate land rent for Forio Nha Trang Company Limited from March 3, 2014 violated the provisions of the 2013 Land Law.

Khanh Hoa Provincial People's Committee leased land without auction in violation of the provisions of the 2003 Land Law and the 2013 Land Law.

Responsibility for these violations belongs to Khanh Hoa Provincial People's Committee in 2009 and 2014; Department of Natural Resources and Environment in 2009 and 2014 and related individuals.

Notably, regarding the handling of assets on land, the Inspectorate determined that the real estate at 07 Hung Vuong is under the management of the Center for Housing and Apartment Management.

Khanh Hoa Provincial People's Committee has not yet arranged and handled real estate at the above address according to the provisions of the Prime Minister 's decision on rearranging and handling state-owned real estate dated January 19, 2007, but has sold assets on the land in the designated form, which is a violation.

Responsibility for the violations belongs to the Provincial People's Committee, the Provincial People's Committee Office, the Department of Construction, the Department of Finance of Khanh Hoa province in 2008 and related individuals.

From the above conclusions, the Provincial Inspectorate recommends that the Chairman of the People's Committee of Khanh Hoa province direct according to his authority or recommend competent authorities to direct inspection and clarify the responsibilities of organizations and individuals related to the shortcomings and violations stated in the inspection conclusion for strict handling according to the provisions of law.

NGUYEN HOANG

Source: https://tuoitre.vn/ubnd-tinh-khanh-hoa-cu-cho-thue-dat-sai-ban-tai-san-tren-dat-khong-qua-dau-gia-2025100516481867.htm