To handle the Nghi An Orange Garden Project, the Provincial People's Committee issued Document No. 4340/UBND-TD assigning Nghe An Coffee - Rubber One Member Co., Ltd. and the Department of Finance to implement Inspection Conclusion No. 460/KL-UBND dated August 18, 2020...
The Nghi An Orange Garden Project incident was reported by Nghe An Newspaper through the following articles:Big question mark about the land to implement Nghi An Orange Garden Project”; ““Trouble” arises at Nghi An Orange Garden Project”; “Cancellation of contract for sale of Nghi An Orange Garden”…
Based on information from Nghe An Newspaper and the report of Nghi An Commune People's Committee, on May 25, 2022, Vinh City People's Committee issued Official Dispatch No. 2575/UBND-TNMT to the Provincial People's Committee. Here, Vinh City People's Committee cited Article 3, Decision No. 60/QD-UBND.DC of the Provincial People's Committee to lease land to Nghe An Coffee - Rubber One Member Co., Ltd. to implement the project of maintaining, preserving and developing orange gardens: "After 12 months from the date of receiving land handover in the field, if Nghe An Coffee - Rubber One Member Co., Ltd. does not put the allocated land into use or the progress of use is 24 months slower than the progress recorded in the project without permission from the competent State agency, Nghe An Provincial People's Committee will reclaim it according to the provisions of law".
At the same time, report and propose: "According to the report of Nghi An Commune People's Committee in Report No. 20/UBND-DC dated May 5, 2022, the reflection of Nghe An Newspaper related to the land to implement the project, since the Provincial People's Committee decided to lease the land in 2013 until now, the Investor, Nghe An Coffee - Rubber One Member Co., Ltd., has not contacted Nghi An Commune People's Committee, has not implemented the project, so the land has become wild, people have many recommendations and complaints.
Therefore, the City People's Committee reports and recommends the Provincial People's Committee and the Department of Natural Resources and Environment to review, inspect and handle the implementation of the High-Quality Organic Orange Garden Project in Kim Phuc hamlet, Nghi An commune according to regulations."
On May 30, 2022, the Provincial People's Committee issued Official Dispatch No. 3818/UBND-NN assigning the Department of Natural Resources and Environment to preside over and coordinate with relevant agencies to consider the proposal of the Vinh People's Committee. On June 7, 2022, the Department of Natural Resources and Environment issued Official Dispatch No. 3245/STNMT-QLDD, reporting the results of the inspection, review and recommendation to the Provincial People's Committee: "To implement the land recovery of the project to maintain, conserve and develop orange gardens in Kim Phuc hamlet, Nghi An commune of Nghe An Coffee - Rubber Company and put this land fund into use according to the planning, in accordance with the provisions of law (as requested by the Vinh City People's Committee), the Department of Natural Resources and Environment respectfully requests the Provincial People's Committee to direct the Department of Finance and Nghe An Coffee - Rubber Company to implement in accordance with the contents of Inspection Conclusion No. 460/KL-UBND dated August 18, 2020 of the Provincial People's Committee".
Pursuant to Official Dispatch No. 3245/STNMT-QLDD of the Department of Natural Resources and Environment, dated June 15, 2022, the Provincial People's Committee issued Official Dispatch No. 4340/UBND-TD directing the handling of the implementation of the Nghi An orange garden project. The direction of the Provincial People's Committee here is as follows: "Regarding the content of the proposal of the Vinh City People's Committee, the Provincial People's Committee has established an interdisciplinary inspection team and issued Inspection Conclusion No. 460/KL-UBND dated August 18, 2020 on compliance with the law on financial, asset and land management at Nghe An Coffee - Rubber One Member Co., Ltd.; in which Nghe An Coffee - Rubber One Member Co., Ltd. and the Department of Finance have been assigned to handle the problems in the sale of the orange garden in Nghi An commune, Vinh city of Nghe An Coffee - Rubber One Member Co., Ltd.
Therefore, in order to carry out the land recovery of the project to maintain, preserve and develop the orange garden in Nghi An commune, Vinh city according to the proposal of Vinh city People's Committee and put this land fund into use according to the planning, in accordance with the law, the Provincial People's Committee assigned Nghe An Coffee - Rubber One Member Co., Ltd. and the Department of Finance to continue to organize the implementation of the contents in Inspection Conclusion No. 460/KLUBND dated August 18, 2020 of the Provincial People's Committee".
Regarding the Inspection Conclusion No. 460/KL-UBND dated August 18, 2020, related to the Nghi An Orange Garden Project, the Provincial People's Committee concluded that Nghe An Rubber Coffee One Member Co., Ltd. had shortcomings and defects: "Organizing the sale of assets attached to land (Nghi An orange garden) when the Provincial People's Committee had agreed in principle but had not yet had a plan to arrange and handle assets and land approved by competent authorities was not in accordance with the provisions of Decision No. 09/2007/QD-TTg dated January 19, 2007 of the Prime Minister on rearranging and handling State-owned real estate. When the auction organization had not submitted to competent authorities for approval the value of the orange garden attached to land in Nghi An commune, it was not in accordance with the provisions of Article 3, Article 6 - Circular 137/2010/TT-BTC dated September 15, 2010 of the Ministry of Finance on determining the starting price of assets. State assets auctioned".
To handle the above shortcomings and shortcomings, the Provincial People's Committee assigned: "Nghe An Coffee and Rubber One Member Co., Ltd. to work with the Nursing and Rehabilitation Joint Stock Company to cancel the contract for selling the orange garden property attached to the land in Nghi An commune (Vinh city). Assign the Department of Finance to preside over and coordinate with the Department of Natural Resources and Environment and the Department of Justice to guide Nghe An Coffee and Rubber One Member Co., Ltd. to develop a plan to arrange and handle public assets according to Decree 167/2017/ND-CP dated December 31, 2017 of the Government, organize appraisal and submit to the Provincial People's Committee for approval; organize the auction of land use rights to rent the orange garden in Nghi An commune according to the direction of the Provincial People's Committee in Official Dispatch No. 7469/UBND-KT dated September 28, 2014".
In an exchange with Nghe An Newspaper on August 22, 2022, according to a representative of the Department of Finance, the Orange Garden land in Nghi An commune of Nghe An Rubber Coffee One Member Co., Ltd. was leased by the People's Committee of Nghe An province in Decision No. 60/QD-UBND DC dated April 5, 2013 for the purpose of maintaining, preserving and developing the orange garden according to the planning and law; was granted a Certificate of Land Use Rights (No. BM 621532) by the Department of Natural Resources and Environment for the purpose of using the land for growing perennial fruit trees. According to the report of the Department of Natural Resources and Environment in Official Dispatch No. 4868/STNMTQLDD dated August 16, 2022, the time when Nghe An Rubber Coffee One Member Co., Ltd. was leased land and granted a certificate of land use rights was implemented in accordance with the provisions of the 2003 Land Law and implementing guidelines. Accordingly, the land for the Orange Garden project in Nghi An commune is identified as agricultural land.
Pursuant to the provisions of Clause 1, Article 1, Decree 167/2017/ND-CP dated December 31, 2017 of the Government on the rearrangement and handling of public assets, the Orange Garden land in Nghi An commune of Nghe An Rubber Coffee One Member Co., Ltd. is subject to the rearrangement and handling of houses and land. However, the Government has now issued Decree No. 67/2021/ND-CP dated July 15, 2021 on amending and supplementing a number of articles of Decree No. 167/2017/ND-CP. At point 2, clause 1, Article 1 of Decree 67/2001/ND-CP, there is a revised provision as follows: “2. Houses and lands managed and used by agencies, organizations, units and enterprises specified in clause 1, Article 2 of this Decree are not rearranged or handled according to the provisions of this Decree, including: ... d) Land and assets attached to land belonging to: special-use forest land, protective forest land, production forest land which is natural forest; production forest land, agricultural and forestry land”.
Based on the above regulations, the Orange Garden land in Nghi An commune of Nghe An Rubber Coffee One Member Co., Ltd. does not have to be rearranged or handled according to the provisions of Decree 167/2017/ND-CP dated December 31, 2017 and Decree No. 67/2021/ND-CP dated July 15, 2021. Therefore, the Department of Finance has sent a document requesting the Provincial People's Committee to assign Nghe An Rubber Coffee One Member Co., Ltd. to manage, use, handle and develop a land use plan for the Orange Garden Land in Nghi An Commune in accordance with the provisions of the law on land, the law on enterprises and relevant laws without having to develop a plan to rearrange and handle houses and land according to Decree No. 167/2017/ND-CP dated December 31, 2017 of the Government and Decree No. 67/2021/ND-CP dated July 15, 2021 of the Government.
