Developers in many places are willing to donate money to subsidize their studies, which is a good deed, but in Langfang City, this kind of deed has been questioned and changed. Recently, several developers in Langfang City reported to reporters of the Beijing News that they had signed a donation agreement with the Langfang Charity Association, donating different amounts of money, millions of yuan and tens of millions of yuan, but their hearts were not taste, because this kind of donation seemed voluntary, but it was a bit forced. If no donation is made, developers will not be able to get the signature of the relevant regional education department of Langfang City, and the whole planning approval process of the project will not be able to continue.
New Beijing News reporters have interviewed the relevant regional education departments in Anci District, Guangyang District and Development Zone of Langfang City successively for this purpose, and received similar replies. The main meaning is that enterprise donation is a voluntary principle, but if enterprises do not donate, it is difficult to say whether they can obtain project approval procedures.
On July 10, the responsible person of Langfang Education Bureau responded that the city had indeed issued donation-aided learning methods, but in accordance with the spirit of voluntary and gratuitous donation, other district donation-aided learning methods were also formulated in accordance with the spirit of the citys documents. As for the possible forced donation, he did not know much about it, but he was strong. It is illegal to adjust this practice.
Developers: Donations are not voluntary
We are willing to donate money to help students, but we cant nominally volunteer. In fact, we are forced to do so. Recently, the responsible persons of several developers in Langfang City reported to the reporters of the Beijing News the strange things happened to them. According to the relevant laws, after the real estate development enterprises take the land, in the process of obtaining the five certificates, they still need approval from planning, fire protection, education and other departments, while the development enterprises in Langfang City occur. The donation of financial aid is related to the approval procedure of the education department.
According to the person in charge of a development enterprise in Langfang City, the company has a project development in Langfang area. Last year, before the project joint drawing stage, i.e. the project planning license, the company learned from the local education department that the relevant department of Langfang had issued a document requiring the development enterprise to follow the development project. The proportion of the population contributes to the education fund. At first, company leaders were reluctant to take the money, but our planning procedures were blocked. It wasnt until 2019 that we paid the money that the formalities were completed.
Some enterprises take land in Langfang Development Zone and have received documents from relevant departments of Langfang Development Zone for donation before they go through planning procedures. Other regions basically collect this donation according to the document model of Langfang Development Zone. A person in charge of a local real estate enterprise introduced it to a reporter of the Beijing News.
Reporters received the Langfang Development Zone Real Estate Development Project Allocation Schools and Kindergartens Construction Management Measures (referred to as Measures) promulgated by the Langfang Development Zone Management Committee this year. Chapter II, Article 11 of the Measures clearly stipulates that new residential areas should be built in schools and kindergartens according to the total number of residential population. The development and construction enterprises shall pay the funds allocated for the construction of educational facilities in full and one-time. The methods further clarify the payment methods of education supporting funds at different stages of education.
The formulas for calculating the payment of kindergarten education supporting funds are as follows: the total population of residential district planning (total planning * 3.2 persons) * 4% * the average building area of students (14.8/ person) * the construction cost of kindergarten (5000 yuan /);
The formulas for calculating the payment of supporting funds for primary education are as follows: the total population of residential district planning (total planning * 3.2 persons) * 8% * the average building area of students (10_per person) * the construction cost of kindergartens (5000 yuan /);
The formula for calculating the payment of supporting funds for junior middle school education is as follows: the total population of residential district planning (total planning * 3.2 persons) * 4% * the average construction area of students (11.4/ person) * the construction cost of kindergartens (5000 yuan /).
This document of Langfang Development Zone Management Committee clearly defines the calculation method of education supporting fund paid by development and construction enterprises.
The person in charge of the above-mentioned related enterprises said, At present, if the development of Anci District, Guangyang District and Development Zone in Langfang City takes place, we need to pay the education fund in accordance with the relevant provisions mentioned above. For example, a residential area of 1,000 households produces about 384 degrees in accordance with the calculation of 1,000 households by 3.2 (+8%+4%). Each degree needs to pay education funds ranging from 40,000 to 60,000 yuan.
When we took the land, we had already paid the land transfer fee and tax according to the regulations, and the government had no basis to collect money from us again. Now the relevant regional education departments let us pay extra part of the education fund, are in accordance with the so-called free voluntary donation form of donation to the Langfang City Charity Association. We sign a voluntary donation agreement with the charity association, and then go to the local education bureau to sign the agreement, receipt and other related materials before proceeding with the next approval process. We all make voluntary contributions. Said the person in charge of the above-mentioned enterprise.
New Beijing News reporter learned that in Langfang, there are more than one development enterprise. According to local leaders of anonymous development enterprises, at present, some enterprises have been forced to donate money to Langfang Charity Association because of the urgent development and recovery of funds. They have paid several million yuan less and tens of millions more. They have also reported this matter to the relevant departments of Langfang City, and the leaders of Langfang City have also met to study this matter, but there is no further information.
Receipts and samples of donated funds provided by several development enterprises in Langfang City.
The receipt provided by the person in charge of the aforementioned enterprise shows that the donation items are generally funds for new expansion and maintenance of primary and junior high school campuses, and the recipient is the Langfang Charity Association. We have donated one time this year, but then we have a project to develop, and the scale is very large. So, do we still have to pay a lot of money?
Langfang related districts belong to the Education Bureau: enterprises do not donate money, it is difficult to say whether they can pass the examination and approval.
On July 9, a reporter from the Beijing News contacted the Langfang Charity Federation. The person in charge said, We have collected the money. Enterprises make voluntary donations. We will donate it to primary and secondary schools in the original amount according to the wishes of the enterprises. Whether the enterprises will not be able to carry out land acquisition planning procedures due to non-donation does not fall within the scope of our responsibilities. Within.
On July 8, the relevant personnel in charge of the Education Bureau of Anci District, Langfang City, told the Beijing News on this matter, We need to determine the amount of education fund that needs to be paid according to the size of the plot, the number of students and the number of degrees produced. In some cases, it is not necessary to pay. Each degree is also collected in the form of a donation of 100 million yuan.
When the reporter asked, Is it possible to plan land appropriation without donating relevant education funds, as stated by the enterprise? When the enterprise first took the land, it had already paid the land transfer fee and tax according to the regulations. Why should it continue to pay the relevant education fund? When it comes to related issues, the above-mentioned staff said, Its not that our Bureau of Education cant get through this, but that we have to listen to the government. If an enterprise fails to perform its duties or is not fit for construction and the government does not approve it, our opinions will not work.
Reporters also asked, If you do not submit, it is voluntary not to approve the planning process? The above-mentioned staff responded, You can ask our government! Our director doesnt count!
On July 9, the reporter contacted the Education Bureau of Guangyang District, Langfang City, and the relevant person in charge said, The procedure of dealing with this matter in our bureau is basically the same as that in the Anci District. The reporter contacted the Management Committee of Langfang Development Zone, and the relevant staff said, This matter should be asked by Langfang Development Zone Education Bureau. Langfang Development Zone Educational Bureau said, Leaders tell me what to do, I will do it!
According to a document obtained by the journalist, the Langfang Municipal Peoples Government issued a Notice on the Ways to Publish Langfang Citys Donation and Subsidy for Learning in September, 2018. The purpose is to encourage donors to donate voluntarily and gratuitously to Langfangs educational cause, without compulsory meaning.
The picture above is part of the announcement of the Langfang Peoples Government on the publication of the donation and financial aid measures for Langfang City.
In this regard, Langfang Municipal Government staff let reporters to Langfang Education Bureau for detailed information. On 9 July and 10 July, the relevant staff of Langfang Education Bureau confirmed the existence of this document and emphasized that Langfang City advocated voluntary free donation of enterprises to subsidize learning. Other relevant documents of districts were also issued in accordance with the spirit of the city documents, which are also voluntary and free in the matter of enterprise donation to subsidize learning. We do not know the above areas. As regards the practice of degree fees by the Education Bureau, we encourage the donation of financial aid in accordance with the spirit of the above-mentioned document notification, but there is no other statement (compulsory donation). Whoever told you the above statement, who would you go to? The relevant development procedures must be signed if they conform to the procedures, otherwise they are illegal.
Experts: Forced voluntary contributions suspected of irregularities
In response to this, Zhao Xiuchi, vice-president and secretary-general of Beijing Real Estate Law Society and professor of Capital University of Economics and Trade, said, According to relevant legal procedures, real estate enterprises generally pay land transfer fees and taxes according to the agreement when signing relevant land transfer contracts, which basically include the above-mentioned Education Fund package. Included, the enterprise does not need to make additional payments. If the relevant departments of Langfang City can not provide a strong basis or reason for the payment, they are not entitled to allow enterprises to pay the above-mentioned additional payments.
Zhao Xiuchi further believed that even if the relevant departments of Langfang eventually put forward the basis for collecting money, they should also collect it according to the prescribed procedures, instead of using the so-calledvoluntary donationmode, which is suspected of violating the rules.
Source: Responsible Editor of Beijing Newspaper: Chengyu_NBJ11143