Official announcement of inspection results of the 'mansion' case in Yen Bai

Mr. Pham Sy Quy's family changed the purpose of more than 13,581 square meters of land against regulations.

The house of Mr. Pham Sy Quy's family. Photo: Giang Huy

On the afternoon of October 23, at the headquarters of the Yen Bai Provincial People's Committee, the working delegation led by Mr. Bui Ngoc Lam - Deputy Inspector General of the Government, announced the conclusion of the inspection of land management, construction licensing and construction management according to the licenses of the competent authorities for the land at Group 42, Group 52, Minh Tan Ward, Yen Bai City, Yen Bai Province.

The inspection agency also announced the compliance with the provisions of the law on transparency of assets and income of Mr. Pham Sy Quy - Director of the Department of Natural Resources and Environment of Yen Bai province (wife is Ms. Hoang Thi Hue) related to the above land.

Changing the purpose of more than 13,581 m2 of land against regulations

The inspection conclusion stated that Yen Bai City People's Committee allowed Ms. Hoang Thi Hue to convert more than 13,581 square meters of agricultural land to residential land without assessing the need to change the land use purpose, which is not in accordance with the provisions of Decree No. 43 guiding the implementation of the Land Law.

In 2015, Yen Bai City People's Committee allowed the conversion of land use purpose from agricultural land to residential land, exceeding 3,854 m2 of land compared to the 2015 land use plan of Yen Bai City approved by the Provincial People's Committee.

This agency also allowed Ms. Hue to change the purpose of using more than 1,012 square meters of aquaculture land to residential land which was not in the approved plan.

The main responsibility for the above violations lies with the Chairman of Yen Bai City People's Committee; Vice Chairman of Yen Bai City People's Committee in charge of the field; Department of Natural Resources and Environment of the City; Office of Land Registration and Land Fund Development of Yen Bai City, and related agencies and individuals.

According to the inspection agency, the Yen Bai City Tax Department did not notify or handle the late payment of land use fees and registration fees by Ms. Hue. This is not in accordance with the provisions of the Law on Tax Administration, causing loss of State budget revenue. The responsibility belongs to the Yen Bai City Tax Department and related individuals.

Without handling the late payment of land use fees and registration fees, the City People's Committee issued a Land Use Rights Certificate to Ms. Hue, which is not in accordance with the provisions of the Land Law.

Furthermore, the cost of digging and filling the ground of more than 2 billion VND deducted for Ms. Hue when determining the land use fee lacks basis and reality.

Mr. Pham Sy Quy under-declared thousands of square meters of land.

The inspection conclusion stated that from August 18, 2016 to February 10, Ms. Hue continued to transfer land use rights to 14 households (who signed agreements and contributed money) out of the total land area that the City People's Committee allowed to change the purpose of use to residential land.

During this time, Mr. Quy was the Deputy Director assigned to be in charge of the Department of Natural Resources and Environment, and was later appointed as Director of this Department. The transfer of land use rights of Mr. Quy's wife was related to the scope and field under Mr. Quy's direct management.

“According to regulations, Mr. Quy violated Clause 4, Article 37 of the Law on Anti-Corruption, because Mr. Quy was not allowed to let his wife do business within the scope of his direct management,” the Government Inspectorate concluded.

The inspection agency also pointed out that when he was appointed as Director of the Department of Natural Resources and Environment, Mr. Quy under-declared more than 7,905 square meters of residential land and more than 27,500 square meters of agricultural land under Ms. Hue's name; did not declare a house with a construction area of ​​600 square meters in Group 51, Minh Tan Ward (under construction); did not declare a bank loan of more than 9.1 billion VND and owed friends 60 taels of gold.

Accordingly, Mr. Pham Sy Quy violated regulations on the responsibility of those who are obliged to declare; violated regulations on prohibited acts in Decree No. 78 on transparency of assets and income; caused suspicion about family assets, created bad public opinion against officials in the State apparatus...

"The above violations of Mr. Pham Sy Quy are serious enough to require strict disciplinary action," the Government Inspectorate assessed.

Review responsibility and discipline a series of related individuals

With the above conclusions, the Inspector General recommends that the Prime Minister assign the Chairman of the People's Committee of Yen Bai province to direct strict handling according to the law for the violations of Ms. Hue's family regarding illegal construction on the family's land in Group 42, Minh Tan Ward, Yen Bai City; and the self-construction of traffic roads on agricultural land that has been returned to the State, ensuring compliance with the urban planning of Yen Bai City.

Along with that, review responsibilities and consider disciplinary action against relevant collectives and individuals of Yen Bai City People's Committee, including the Chairman and Vice Chairman in charge of the field that allowed the violations mentioned in the conclusion to occur.

“The organization will review and take strict disciplinary action against Mr. Pham Sy Quy for violations in declaring assets and income; violating the provisions of the Law on Anti-Corruption in his role as head of the Department of Natural Resources and Environment,” the conclusion stated.

Yen Bai Provincial Tax Department directed to handle the late payment penalty for Ms. Hue, organize review, and discipline according to authority individuals who violated at Yen Bai City Tax Department.

The Government Inspectorate also recommended that the Prime Minister assign the Chairman of the Yen Bai Provincial People's Committee to direct the strengthening of inspection work on land management and construction investment; inspection of responsibility in compliance with the law on corruption prevention and control, focusing on transparency of assets and income.

Urgently develop and issue documents guiding the procedures, processes, and documents for approving the cost of excavation and land filling and applying the land price coefficient to fully and accurately determine the land use fee paid to the State budget; check, review, and handle the amount of land leveling fee that has been deducted when calculating the land use fee for Ms. Hue to recover it to the State budget.

The People's Committee of Yen Bai City must review and promptly adjust urban planning in Yen Bai City, ensuring consistency and synchronization with land use planning and plans, as a basis for managing investment in construction, urban development, and socio-economic development of the City; rectify the granting of permits for urban housing construction, ensuring compliance with legal regulations; strengthen state management of land, construction planning and management of urban construction order, promptly detect, prevent and handle violations.

The results of implementing the recommendations, Yen Bai Provincial People's Committee must report to the Prime Minister and the Government Inspectorate before November 30.

The inspection conclusion on the mansion area by the Director of Yen Bai Department of Natural Resources was released more than two months later than expected.

Earlier at the Government press conference on October 3, Deputy Inspector General Bui Ngoc Lam admitted that the delay was due to both objective and subjective reasons. "Our view is that the case must be concluded carefully, accurately and objectively," he said.

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According to VNE