Handling the issue of land allocation to the wrong subjects in the planning area of ​​Dong Canh Phuong

(Baonghean) - On October 21, 2013, Nghe An Provincial People's Committee issued Official Dispatch No. 7454/UBND-KT and on October 30, 2013 issued Official Dispatch No. 7713/UBND-KT correcting Official Dispatch No. 7454/UBND-KT on handling cases of land allocation to the wrong subjects in the planning area of ​​Dong Canh Phuong, Nghi Phu commune, Vinh city.

Considering the report and proposal of the Department of Natural Resources and Environment in Official Dispatch No. 79/STNMT-QLDD dated January 10, 2013 and Official Dispatch No. 392/STNMT-QLDD dated February 7, 2013 and the inspection results of 44 land lots assigned to the wrong subjects in the Dong Canh Phuong Planning Area, Nghi Phu Commune, Vinh City; the consensus of relevant departments, branches and localities at the meeting chaired by the Provincial People's Committee on January 21, 2013; after receiving the opinion of the Standing Committee of the Provincial Party Committee in Official Dispatch No. 2420-CV/TU dated September 27, 2013 on handling issues related to the Dong Canh Phuong Residential Planning Area, Nghi Phu Commune, Vinh City, Nghe An Province. The Provincial People's Committee has the following opinions:

1. Handling of land use rights for land lots assigned to the wrong subjects in the residential planning area of ​​Dong Canh Phuong:

a. Handling 5 land lots that the Inspection Team (chaired by the Provincial Inspectorate) previously determined to have been assigned to the wrong subjects, but the inspection and review process of the Department of Natural Resources and Environment showed that they had been assigned in accordance with the province's regulations (the specific list is stated in Document No. 79/STNMT-QLDD dated January 10, 2013 and Document No. 392/STNMT-QLDD dated February 7, 2013 of the Department of Natural Resources and Environment), then the Land Allocation Decision and the issued Land Use Right Certificate (for cases where the certificate has been issued) will be maintained, and the land use right certificate will be issued according to regulations for cases where the certificate has not been issued.

Implementation results are reported to the Provincial People's Committee and the Department of Natural Resources and Environment (for synthesis) before November 30, 2013.

b. Handling 39 land lots assigned to the wrong subjects through inspection and review (specific list is stated in Document No. 79/STNMT-QLDD dated January 10, 2013 and Document No. 392/STNMT-QLDD dated February 7, 2013 of the Department of Natural Resources and Environment):

b1. In cases of land allocation to the wrong subject, but at the time of land allocation, households and individuals have been exempted or partially reduced from land use fees:

- In case the Land Use Right Certificate has not been granted or the Land Use Right Certificate (or Land Allocation Decision) has been revoked, the settlement shall be in the direction of allowing the procedures for granting the Land Use Right Certificate, and at the same time, collecting the previously exempted land use fee according to the principle: converting the exempted land use fee at the time of land allocation to the land area that has not fulfilled financial obligations; then calculating the land use fee payable for the above land area that has not fulfilled financial obligations and the state unit price at the time of granting the Land Use Right Certificate.

- If the Land Use Right Certificate has been granted and the Land Use Right Certificate has not been revoked, the settlement shall be in the direction of allowing the land use right certificate that has been granted to remain intact, and at the same time, the land use fee that has been exempted or reduced shall be collected (according to the same principles as in the case at point a above).

- Assign Vinh City People's Committee to send the list of cases that must be handled according to the above regulations to the Department of Finance and tax authorities (district and provincial levels).

- Based on the records and list of cases that must handle financial obligations sent by Vinh City People's Committee, the Department of Finance shall preside over and coordinate with the Department of Natural Resources and Environment and Vinh City People's Committee to determine the amount of money that households and individuals must pay in addition, and send the results to Vinh City People's Committee and tax authorities (district and provincial levels) before November 15, 2013.

- Assign tax authorities (district or provincial level according to authority) to cancel decisions on exemption or reduction of land use fees issued to households and individuals who were allocated land to the wrong subjects according to the list sent by Vinh City People's Committee before November 15, 2013.

- Assign the Vinh City Tax Department to notify households and individuals of financial obligations that must be paid in addition (according to the data determined by the Department of Finance and current regulations). The notice shall be sent directly to households and individuals before November 20, 2013, and at the same time urge and inspect the implementation of financial obligations according to regulations.

- After December 31, 2013, if households and individuals do not pay the additional amount as notified by the tax authority, Vinh City People's Committee will handle the matter by reclaiming the land and refunding the land use fees that households and individuals have previously paid to the budget.

b2. For the remaining land lots: In case the Land Use Right Certificate has not been granted or the Land Use Right Certificate has been granted but has been revoked, the issuance (re-issuance) of the Land Use Right Certificate that has not been revoked shall be resolved in the direction of allowing the retention of the granted Land Use Right Certificate.

Request Vinh City People's Committee to complete the handling of land use rights for 44 plots of land in the above-mentioned Dong Canh Phuong Residential Planning Area before December 31, 2013. The results of implementation shall be reported to the Provincial People's Committee before January 15, 2014.

2. Handling the responsibilities of relevant organizations and individuals who have caused violations.

2.1 Assign the Director of the Department of Natural Resources and Environment, Chairman of Vinh City People's Committee, Chairmen of People's Committees of wards and communes and heads of organizations and individuals involved in the inspection, confirmation and approval of land allocation dossiers that violate regulations for 39 land lots in the Dong Canh Phuong Residential Planning Area (according to the detailed list stated by the Department of Natural Resources and Environment in Official Dispatch No. 392/STNMT-QLDD dated February 7, 2013) to organize a review and draw lessons (in particular, for groups and individuals who confirm inaccurately and violate regulations on land allocation applications, they need to review and take appropriate measures).

2.2 Assign the Chairmen of the People's Committees of wards and communes to coordinate with the Party Committees of wards and communes to review and take disciplinary action against individuals and Party members (according to the detailed list stated by the Department of Natural Resources and Environment in Official Dispatch No. 392/STNMT-QLDD dated February 7, 2013) who have declared their land allocation application documents in violation of regulations in order to be allocated land.

Implementation results report to the Provincial People's Committee before November 30, 2013.

3. The Department of Natural Resources and Environment is assigned to send documents to relevant organizations and individuals that need to organize, review and draw lessons (or have a form of handling) according to the results of the inspection and review assigned by the Provincial People's Committee in this Document.

Provincial People's Committee