Name of recommendations: Recommendations on the continuation of renting this land and changing the of land use purpose into trade - services to do business and production activities
Status: Has not been responded
Recommended by units: The Dak Lak Import Export Investment Joint Stock Company
Official letter: 1602/ PTM - VP, dated: 2018-07-25
The Dak Lak Import - Export Investment Joint Stock Company (INEXIM DAKLAK) – precursor is the Dak Lak Import -Export Investment Joint Stock Company - Inexim Daklak (SOE) was established in accordance with a Decision No. 591 / QD-UB dated September 29, 1992 of the Dak Lak Provincial People's Committee on the basis of its initial activities, namely the Dak Lak Foreign Trade Department (under the Ministry of Trade) established and operating since August 20, 1976 as the first unit operating in the import and export of the province, contributed a lot in the investment - development of coffee in Dak Lak Province.
In 2007, implementing the guideline of the Government on the equitization of state-owned enterprises in accordance with the Decision No. 377 / QD- UBND dated February 13, 2007 by the People's Committee of Dak Lak Province, the Dak Lak Import -Export Investment Company was transformed into the Daklak Import - Export Investment Joint Stock Company and was established on April 21, 2007 by the General Meeting of Shareholders. Business the Registration Certificate No. 6000179365 of the company issued first time by the Business Registration Office of the Department of Planning and Investment of Dak Lak Province on April 21, 2007, changed to 07th on May 15, 2017..
On April 19, 2011, the People's Committee of Dak Lak Province issued a Decision No. 996 / QD-UB "on the name of organization using land; adjust the land area for Dak Lak Investment Import - Export Joint Stock Company in accordance with Article 1, Decision No. 3159 / QD-UB dated December 28, 1998 of the Provincial People's Committee. " leased land area from 13,951m2 to 13,618m2. In which area of 2.125m2 is in planning area of the Ton Duc Thang road; The remaining land area is 11,493m2, in which in the East of Ton Duc Thang Street - 23 Chu Van An is 7.586m2, in the West of Ton Duc Thang Street - 23 Chu Van An is the area of 3,907m2.
Since after equitization and transformation of SOEs into joint-stock companies, including state shareholders, shareholders are employees and shareholders are initial investors. Up to now, the company has only used less than 10 years, moreover during this transition period, the company has focused on strengthening its organizational structure, maintaining its operations, and at the same time, impacted by the new planning and the harsh market fluctuations for coffee-agro-enterprises. Since then, in the past 10 years, the company has suffered much in the use of leased land.
In the face of the reality, the Company has been moving its trades – services’s business (T - S) and carried out procedures for changing the purpose of land use in accordance with general planning for the l next ease period..
Throughout the land use process, up to now, in 2018, the Company has fulfilled its obligation to pay taxes to the state budget on annual land rental and non-agricultural land tax according to regulations and there is not any outstanding land rental or land tax.
People’s Committee of Dac Lac Province has just issued a document No. 3834 / UBND-NN & MT dated May 18, 2018, in which it is included a sentence "... no extension of land area of 13,618 m2 at 23 Chu Van An of the Company…."
- Pursuant to Clause 2, Article 73 and Clause 3, Article 126 of the Land Law 2013 and Article 69 of the Decree No. 43/2014 / ND-CP dated 15 May 2014 of the Government detailing the implementation of a number of articles of the Land Law; the Small and Medium Enterprise Assistance Law 2017; the Decree No. 39/2018 / ND-CP dated March 11, 2018 of the Government detailing some articles of the Law on Support to Small and Medium Enterprises;
- Pursuant to the Resolution 19 / NQ-CP, dated February 6, 2016; the Resolution No. 35 / NQ-CP, dated 16 May 2016 of the Government on Support and Development of Enterprises to 2020; the Directive 07 / CT-TTg, dated March 5,2018 by the Prime Minister "on further strengthening the implementation and effective implementation of the Resolution No. 35 / NQ-CP dated 16 May 2016 on support and the Prime Minister's Directive No. 26 / CT-TTg dated June 6, 2017 on effective implementation of the Resolution No. 35 / NQ-CP dated 16 May 2016 in the spirit of the Government that companions to businesses in 2018 ".
The company would like to recommend as follows:
The fact that the Provincial People’s Committee has not renewed the land lease which has seriously affected the employment of employees and shareholders who have contributed capital since the transformation of SOEs into the join stock company. Therefore, we would like to ask the provincial People's Committee to consider and create conditions for enterprises to operate and develop.
- The time that Dak Lak Investment Export - Import Joint Stock Co., Ltd used land after transition from SOEs has only been nearly 10 years, but most of the companies have to maintain, consolidate and meet difficulties by urban development planning. In order to meet the realities of development, to ensure the livelihood of the employees, the existence of enterprises in the area, the Company would like to propose to allow the company to change the purpose of land use that is leasing to trades-services lease land with an extended time for using period of next 20-years of land use;
- To meet future development demand when the Ton Duc Thang Road was planned with an area of 2.125m2 in the total area of 13.618m2 of land area, the remaining area is 11.493m2 and be divided into 02 lots : The East of Ton Duc Thang Road - 23 Chu Van An with the area of 7.586 m2; The West of Ton Duc Thang Road - 23 Chu Van An with area of3,907m2
In this document, the Company would like to propose the Provincial People's Committee to allow the company to continue leasing land and to convert the purpose of land use to trade - services to do business activities.