Civil administrative procuratorate
A "procuratorial proposal" to recover 25.5 million land transfer fees
Time: 2016-11-08 Author: News source: Xin'an Evening News [Font size: large | in | Small

A Lu'an Real Estate Co., Ltd. won the right to use a piece of state-owned construction land in Chengnan Town of the city through public transfer. The total transaction price was 47 million yuan. 21.5 million yuan was paid as the transfer fee in that year, and the remaining 25.5 million yuan was not paid in full within the time limit, and it lasted for nearly four years. In late September this year, the Yu'an District Procuratorate found the above problems in performing its duties and investigated them according to law. After finding out the facts, the court issued a "procuratorial proposal" to the Land and Resources Bureau of Yu'an District to supervise the bureau to take measures to recover the overdue land transfer fees. Xin'an Evening News Anhui Network reporter learned from the Yu'an District Procuratorate on November 4 that the Reply Letter from the Yu'an District Land and Resources Bureau on November 3 showed that the arrears had been paid on October 26.

   Performance of duties found that the enterprise was in arrears with a large amount of land transfer fees

   In September this year, when performing its duties, the Civil Bank Department of the Institute found that a real estate company in Chengnan Town, Yu'an District had been in arrears with the state-owned land transfer fees for a long time and the amount was very large, so it intervened in the investigation according to law and quickly found out the facts.

It turned out that Mr. Huang, the legal person of a real estate limited company in Lu'an City, won the right to use a piece of state-owned construction land south of the high-speed railway in Chengnan Town of the city through public transfer on August 30, 2012. The total transaction price of the land was 47 million yuan. According to the agreement, after Mr. Huang paid the transfer fee of 21.5 million yuan on August 29, 2012, he should pay the remaining transfer fee of 25.5 million yuan before October 10 of that year, otherwise the bidder will pay liquidated damages.

During this period, the Land and Resources Bureau of Yu'an District issued a "Notice on Paying Land Transfer Fees within a Time Limit" to the real estate limited company that was in arrears with the remaining transfer fees on August 15, 2013, but the company still failed to pay the outstanding land transfer fees and late fees until the District Procuratorate found the problem.

   The prosecution issues the Prosecutorial Proposal to urge the recovery

   After investigating the above issues, the People's Procuratorate of Yu'an District believed that the Land and Resources Bureau of the District, as the land management department, was the signatory of the state-owned land use right transfer contract and was responsible for recovering the land transfer fees owed by state-owned land users. A Lu'an Real Estate Co., Ltd. was in arrears with RMB 25.5 million of transfer fees and late fees, while the District Land and Resources Bureau only issued a "Notice on Paying Land Transfer Fees within a Time Limit" to the company on August 15, 2013, after which no active and effective measures were taken, resulting in the transfer fees being in arrears for up to four years. The behavior of the District Land and Resources Bureau is negligent in performing its statutory duties, and its behavior violates relevant laws and regulations.

The prosecution therefore believes that, according to the Decision of the Standing Committee of the National People's Congress on Authorizing the Supreme People's Procuratorate to Carry out Pilot Work of Public Interest Litigation in Some Areas and Article 40 of the Measures for the Implementation of Pilot Work of Public Interest Litigation Initiated by the People's Procuratorate, as Lu'an City is a pilot area of public interest litigation, Therefore, it proposed to the Land and Resources Bureau of the district that active and effective measures should be taken according to law to recover the land transfer fees and overdue fees owed by a Lu'an Real Estate Co., Ltd.

   Reply from the Land and Resources Bureau: the outstanding transfer fees have been paid

   In the face of the Procuratorial Proposal issued by the District Procuratorate, the Land and Resources Bureau of Yu'an District attached great importance to it and took positive actions and corresponding measures to recover the land transfer fees owed by the company.

The bureau held a meeting to study a variety of solutions to deal with maliciously unpaid land transfer fees, and successively adopted such measures as interviewing, urging and entrusting law firms to issue Lawyer's Letter to inform defaulting enterprises to pay the overdue land transfer fees in a timely manner as agreed in the contract, otherwise it will be resolved through legal means. The Land and Resources Bureau of Yu'an District submitted the Reply Letter to the District Procuratorate on November 3. Through the joint efforts of the District Procuratorate and the District Land and Resources Bureau, the Real Estate Co., Ltd. was forced to pay the owed land transfer fee of 25.5 million yuan on October 26. (Dou Zujun, reporter of Fang Tong Xin'an Evening News Anhui Net)