Nghi An Orange Garden Project Case: Proposing the Provincial People's Committee to direct the implementation of Inspection Conclusion No. 460

On May 30, 2022, in Official Dispatch No. 3818/UBND-NN, the Provincial People's Committee directed the Department of Natural Resources and Environment to preside over and coordinate with relevant agencies to consider land recovery for implementation.Nghi An Orange Garden Projectaccording to the recommendation of Vinh City People's Committee.

On June 7, 2022, the Department of Natural Resources and Environment issued Document No. 3245/STNMT-QLDD on land recovery for the Orange Garden project of Nghe An Coffee - Rubber One Member Limited Liability Company in Nghi An commune (hereinafter referred to as Nghe An Coffee - Rubber Company), Vinh city to the Provincial People's Committee.

Document No. 3245/STNMT-QLDD dated June 7, 2022 of the Department of Natural Resources and Environment. Photo: Nhat Lan

In Document No. 3245/STNMT-QLDD, the Department of Natural Resources and Environment cited the proposal of Vinh City People's Committee in Official Dispatch No. 2575/UBND-TNMT dated May 25, 2022 (see news)“Vinh City People's Committee proposes to reclaim land to implement Nghi An Orange Garden Project”– Nghe An Electronic Newspaper on May 27, 2022).

At the same time, the Department of Natural Resources and Environment cited Inspection Conclusion No. 460/KL-UBND dated August 18, 2020 of the Provincial People's Committee on compliance with the law on financial, asset and land management at Nghe An Coffee - Rubber Company, including the contents of the Interdisciplinary Inspection Team's comments and conclusions on the transfer and sale of orange gardens attached to land in Nghi An (see article“Cancel the Contract to Sell Nghi An Orange Garden”– Nghe An Electronic Newspaper, May 25, 2022).

According to the Department of Natural Resources and Environment, based on the inspection conclusion of the Provincial People's Committee, Nghe An Coffee - Rubber Company is a state-owned enterprise holding 100% of the charter capital, so the handling of houses and land (assets on land and land use rights) must be carried out in accordance with the provisions of Decision No. 09/2007/QD-TTg dated January 19, 2007 of the Prime Minister on rearranging and handling houses and land owned by the State (now Decree No. 167/2017/ND-CP dated December 31, 2017 and amended and supplemented in Decree No. 67/2021/ND-CP dated July 15, 2021). The recovery or retention of use of land and assets on land belonging to the State's public assets can only be carried out when there is a plan to rearrange and handle assets when approved by competent authorities.

Cover of an article about the Nghi An Orange Garden Project in Nghe An Newspaper. Photo: Nhat Lan

For the 91,354.0m2 land plot belonging to the project of Maintaining, conserving and developing orange gardens in Kim Phuc hamlet, Nghi An commune of Nghe An Coffee - Rubber Company, the assets attached to the land (excluding the value of land use rights) were auctioned to the Nursing and Rehabilitation Joint Stock Company with the winning auction amount of VND 12,692,653,600.

However, the transfer of the orange garden of Nghe An Coffee - Rubber Company was concluded by the Interdisciplinary Inspection Team to be carried out without a plan to rearrange and handle the housing and land facilities approved by competent authorities, which was not in accordance with the provisions of Decision No. 09/2007/QD-TTg dated January 19, 2007 of the Prime Minister.

To handle the existing problems in the project of Maintaining, preserving and developing orange gardens in Kim Phuc hamlet, Nghi An commune of Nghe An Coffee - Rubber Company to ensure compliance with current legal regulations and to ensure the harmony of interests between investors, in Inspection Conclusion No. 460/KL-UBND dated August 18, 2020, the Provincial People's Committee concluded as follows:

“1. To Nghe An Coffee - Rubber Company:

- Work with the Nursing and Rehabilitation Joint Stock Company to cancel the contract to sell the orange garden property attached to the land in Nghi An commune, Vinh city.

- Carry out the rearrangement and handling of public assets according to the provisions of Decree 167/2017/ND-CP dated December 31, 2017 of the Government, send it to the Department of Finance for appraisal, and submit it to the Provincial People's Committee for approval (including the orange garden in Nghi An commune).

2. Assign to the Department of Finance:

- Preside and coordinate with the Department of Natural Resources and Environment and the Department of Justice to guide Nghe An Coffee - Rubber Company 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 auction of land use rights to rent orange gardens in Nghi An commune according to the direction of the Provincial People's Committee in Official Dispatch No. 7469/UBND-KT dated September 28, 2018".

Nghi An Orange Garden Project is currently a wasteland of over 9 hectares. Photo: Nhat Lan

From the above contents, it can be seen that currently there is no basis to recover land from Nghe An Coffee - Rubber Company for the project of Maintaining, conserving and developing orange gardens in Kim Phuc hamlet, Nghi An commune according to the provisions of the 2013 Land Law (because it belongs to the public property of the State).

Therefore, in order to recover land for the project of Maintaining, preserving and developing 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 proposed by 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 comply with the contents of Inspection Conclusion No. 460/KL-UBND dated August 18, 2020 of the Provincial People's Committee.