Inadequate regulations cause loss of land and state capital from equitization

At the opening session of the second group of questions, National Assembly Chairwoman Vuong Dinh Hue said that 79 National Assembly delegates had registered to question Finance Minister Ho Duc Phuc.

Delegate Nguyen Thi Le (HCMC) asked questions about the review, arrangement, and handling of housing, equitization, many difficulties and delays due to complicated land legislation, especially determining the value of advantages, land use rights with annual leased land… when determining the starting value according to Decree 32.

Delegates Nguyen Thanh Cong (Ninh Binh), Nguyen Minh Son (Tien Giang) also raised problems in arranging and handling land of State enterprises with large land areas in many localities.

Answering these questions, Mr. Phuc acknowledged that the arrangement of housing and land, approval of the land use plan was the bottleneck in equitization. Recently, equitization has been slow because of this stage. The approval of plans by provinces is currently slow, so it is necessary to improve the law.

In addition, COVID-19 greatly affected the financial market situation, stock in the country and in the region, affecting the determination of enterprise value, the formulation of land use plans for equitization, and the auction of state capital in accordance with regulations.

According to him, the arrangement of housing and land into equitization, if the enterprise’s assets are attached to the annual leased land, it is not included in the enterprise value, but if the one-time payment of land fee is included in the enterprise value, it is a loss. gaps, need to be created to ensure that after the transition to equitization, land is not lost.

The change of land use purpose not according to the approved plan is against the provisions of the Land Law. The Minister of Finance explained that the situation of loss through equitization of state-owned enterprises is mainly from land such as Saigon Agricultural Corporation, Tan Thuan Corporation. The core is the transfer of land use rights, conversion of land use purposes, when the Provincial People’s Committee approves it as rented land, but the enterprise pays a lump-sum payment for 50 years, when converting, it applies for a change of land use purpose, so the land are charged a different price and not close to the market price, causing losses, state assets are transferred to private properties.

Land is represented by the State, so when a State-owned enterprise is leased land, if there is no need to use it, it should be returned to the State, then the land is held at auction so that the difference in land rent does not flow into the land. business bag. The equitization aims at improving production capacity, not dissolving enterprises and collecting the difference in land rent.

Therefore, the solution in the coming time is to change the land use purpose, after equitization enterprises must comply with the planning, ensure the conditions, order and procedures for the auction of land use rights according to regulations.

“Resolutely recover land in accordance with the law in case of violation“, emphasized Minister Ho Duc Phuc.