Dozens of projects face difficulties due to regulations

41 projects have not yet allocated land or leased land.

Playing an important role in the economic structure, creating revenue for the local budget and attracting many domestic and foreign investors, Dung Quat Economic Zone (Binh Son district, Quang Ngai province) has many projects facing a "dilemma" due to legal regulations.

According to statistics, in Dung Quat Economic Zone, there are currently 41 commercial and service projects that have been granted investment policy decisions but have not yet allocated or leased land.

Dung Quat Economic Zone is located in Binh Son district ( Quang Ngai province).

According to the investigation, these projects were granted investment policy decisions in the previous phase. At the time of granting investment policy decisions, based on Decree 30 dated March 17, 2015 of the Government detailing the implementation of a number of articles of the Law on Bidding on Investor selection and Decision No. 96 dated January 20, 2017 of the People's Committee of Quang Ngai province approving the list of investment projects using land with high commercial value to select investors, commercial and service projects in Dung Quat Economic Zone (an area with particularly difficult socio-economic conditions) were not included in the list of investment projects using land with high commercial value to select investors.

According to regulations, investment projects in the field of trade and services in Dung Quat Economic Zone are not subject to bidding to select investors.

At the same time, according to the provisions of the 2013 Land Law: projects using land for production and business purposes in investment incentive sectors or investment incentive areas (except for commercial housing construction investment projects) are exempted from land use fees and land rent in cases where land use rights are not auctioned when the State allocates or leases land.

Therefore, commercial and service projects in Dung Quat Economic Zone (investment incentive area) are not subject to land allocation or land lease through land use rights auction.

However, according to the provisions of the law on land and bidding after amendments and supplements, commercial and service land use projects are subject to land allocation and land lease through the form of land use rights auction and project bidding using land.

Therefore, for projects in the trade and service sectors that have been granted investment policy decisions according to previous regulations but have not been allocated or leased land, continuing to implement the project is no longer in accordance with current legal regulations and investors must be selected.

There is insufficient legal basis to decide to terminate.

Implementing the direction of the Provincial People's Committee regarding the resolution of difficulties in implementing projects in the field of trade and services from non-budgetary capital sources, the Management Board of Dung Quat Economic Zone and Quang Ngai Industrial Parks (IPs) has reviewed trade and service projects in Dung Quat Economic Zone that have been granted investment policy decisions according to previous regulations but have not been allocated or leased land.

At the same time, work with investors to inform about legal regulations after amendments and supplements; instructions of the Provincial People's Committee related to the settlement of projects; procedures to be followed to select investors to implement commercial and service projects according to regulations. In which, there is the content that investors must terminate the project themselves according to the provisions of the law on investment to have a basis to implement the next steps.

As a result, 11/41 commercial and service projects have ceased operations. For these projects, the Management Board works with investors to determine valid and reasonable costs, submits them to competent authorities for approval; and at the same time guides the implementation of related procedures to approve investment policies and select investors.

Many investors have not voluntarily terminated the project because they wish to continue implementing it.

For the remaining 30 projects, investors have not yet voluntarily terminated the projects because they wish to continue implementing them and hope that the land law regulations will change in a similar direction to previous regulations so that the projects can continue to be allocated land, leased land, etc.

On the other hand, among these 30 projects, there are a number of projects located within the land area planned to be industrial land, which must temporarily suspend the implementation of procedures and will be considered and resolved after the construction zoning plan of the project area is approved by the competent authority.

According to Dam Minh Le, Deputy Head of the Management Board of Dung Quat Economic Zone and Quang Ngai Industrial Parks, the above situation is due to changes in legal policies, not the fault of the investor. Therefore, the State agency does not have enough legal basis to decide to terminate the project.

"In the coming time, the Board will continue to work and encourage investors to voluntarily terminate the project to serve as a basis for implementing the next steps. At the same time, we will guide investors who wish to continue implementing the project to carry out procedures to participate in the auction of land use rights and bidding to select investors" - Mr. Dam Minh Le informed.

Source: https://kinhtedothi.vn/quang-ngai-hang-chuc-du-an-gap-kho-vi-vuong-quy-dinh.html