Government Inspector: 'Dai Thanh Project shows signs of serious violations'

The Government Inspectorate discovered that the Dai Thanh Project (Thanh Tri District, Hanoi) had signs of serious violations by the state management agency under the Hanoi People's Committee. At the time of the inspection, the project had not yet had a land allocation decision, had not been approved by the competent authority, the purpose of land use was to produce bricks and tiles, and the parties involved in the project had illegally transferred the land.

Dai Thanh Apartment.

Deputy Inspector General of the Government Ngo Van Khanh has just signed the announcement of the conclusion of the inspection of the compliance with policies and laws in the inspection, examination and prevention of state budget loss activities for the Ministry of Finance, the General Department of Taxation and the Hanoi Tax Department. Thereby, the Government Inspectorate has recommended transferring the investigation of two cases to the police.

The first is the case of 21 enterprises using illegal invoices (20 enterprises abandoned their business addresses and Apa Green Construction and Energy Development Joint Stock Company) with a total value of nearly 823 billion VND to declare taxes, deduct taxes, and refund taxes, showing signs of tax evasion as prescribed in Article 161 of the Penal Code.

Second, the case of the Dai Thanh mixed-use construction project (Ta Thanh Oai commune, Thanh Tri district, Hanoi) showed signs of serious violations by the state management agency under the Hanoi People's Committee; the parties participating in the project seriously violated state regulations (Investment Law, Construction Law, Land Law, Housing Law and Real Estate Business Law...) during the project implementation process.

"Up to the time of inspection, the investor (Construction Enterprise No. 1 of Dien Bien province - PV) had not yet fulfilled all financial obligations to the state, showing signs of loss of state budget money" - the conclusion clearly stated.

According to the conclusion of the Government Inspectorate, the Hanoi People's Committee has committed violations in land and construction management, leading to many investors using state land for a long time but not paying land use fees to the state; as of December 31, 2014, it is estimated to be over 7,166 billion VND.

In particular, the Dai Thanh mixed-use construction project had not yet had a land allocation decision at the time of project inspection, had not been approved by the competent authority, the purpose of land use was brick and tile production, the parties involved in the project had illegally transferred the land, the investor had not yet paid the land use fee to the state, but the investor had started construction since March 2012, and there were many violations during the construction process.

The Government Inspectorate has recommended that the files of two cases be transferred to the police for investigation and clarification.

The Government Inspectorate recommends that the Prime Minister direct the Hanoi People's Committee to conduct a review of relevant units and individuals who have been lax and irresponsible in land management in the area, leading to many violations by investors using state land.

Request the Hanoi People's Committee to implement solutions to review and immediately determine the financial obligations of investors who have used state land in the area, especially for projects where investors intentionally avoid or delay fulfilling their obligations to the state and commit violations, there will be resolute solutions to handle them, including considering criminal liability.

Previously, when meeting with voters in Hoan Kiem district in mid-December 2016, Chairman of Hanoi People's Committee Nguyen Duc Chung said that recently the city had inspected Dai Thanh housing area and discovered extremely serious violations, including illegal construction, construction in green planning areas, inadequate fire prevention and fighting standards, and residents had not been granted red books.

Based on the conclusion of the Government Inspectorate and the City Inspectorate, Mr. Nguyen Duc Chung said that the Hanoi City Party Committee has proposed and received approval from the Standing Committee of the City Party Committee to transfer the entire file to the investigation agency of the Hanoi City Police for handling and prosecution according to the provisions of law.

In addition, according to Mr. Chung, Hanoi also transferred the investigation agency to clarify violations related to construction order in a number of other projects. "For example, violations of Hanoi Housing Development Management Company with resettlement houses, we also transferred the investigation agency, not to let the situation as you said just keep punishing to exist, ignoring the law" - Mr. Chung affirmed.

According to Dan Tri