Resolutely deal with land encroachment projects
(Baonghean.vn) - Every year, the Provincial People's Committee often organizes inspections of investment projects in the province. After each time, many projects that are behind schedule are terminated and their land is reclaimed. However, in addition to being slow in implementation, some projects are also slow in returning land to the state for management.
WASTE OF LAND RESOURCES
Recently, the Provincial People's Committee has directed functional agencies and localities to strengthen State management of land. EspeciallyStrengthen inspection of projects that have been allocated land, land leasing in the province to detect projects that have not been implemented according to regulations or have been implemented but are behind schedule in order to promptly take measures to handle them. However, through inspection, it is shown that there are still many projects using land in the whole province that are behind schedule. This has caused many consequences, specifically wasting land resources, affecting the investment environment, when many businesses really need to lease land to implement projects, there is no land, many households have accepted to clear the land to give up land for projects, but there is no land left for production, affecting jobs and income of workers...
About 6 years ago, in 2017, the people of Thuong Son commune (Do Luong) were delighted when an investment project appeared in the area. That was the Roofing Tile Factory Project (high-tech fired clay) invested by An Trach Son Company Limited. In particular, the local people were very excited when the project was implemented, it would create many jobs for their children, helping the people here no longer have to "go far away to make a living" in remote provinces.
However, after 6 years, the project is still only on paper, making people very upset. Mr. Thanh Dang Long - Chairman of the People's Committee of Thuong Son commune said: In the past 6 years, the project is just an empty land, the investor has not built anything on the land. Recently, the Provincial People's Committee has decided to terminate the project, canceling all legal documents related to this project. The locality also hopes that after canceling this project, the land handed over to the investor will be recovered soon so that other investors can be invited, otherwise it will cause a huge waste of land fund.
In Vinh City, in 2019, the Provincial People's Committee issued Decision 2164 approving the investment policy of the Kids House Kindergarten Project invested by Tuoi Tho Education and Entertainment Investment Company Limited. The project is implemented in Quan Bau Ward, Vinh City. According to the plan, this project is implemented on an area of over 3,325m2. This kindergarten is designed with 2 blocks of 2-storey classrooms; a block of gifted classrooms; a landscape garden area; a security house; a playground... However, after many years, the investor has not yet made a deposit to ensure project implementation; has not completed the next procedures for implementation... As a result, the land area of more than 3,325m2Located in a prime location of Quan Bau Thanh ward where weeds grow wildly, causing great waste.
Faced with the situation where enterprises have not implemented or are behind schedule despite having been approved by the Provincial People's Committee for investment and land lease, in recent years, the Provincial People's Committee has established many interdisciplinary teams to inspect and handle the situation. Most recently, on September 12, 2023, based on the review reports of the interdisciplinary teams, the Provincial People's Committee issued Decision No. 2842/QD.UBND approving the inspection results of the interdisciplinary inspection team in 2022 on the inspection of investment projects in Nghe An province (phase 2).
Accordingly, the Provincial People's Committee decided to terminate the operation and cancel the relevant legal documents for 7 projects in the whole province. In particular, in addition to the Kids House International Kindergarten Project and the Roofing Tile Factory Project (high-tech fired clay) mentioned above, the Provincial People's Committee also terminated the operation of 5 other projects, such as the Project to Expand the Precast Concrete Components Factory and Prestressed Concrete Products, invested by Hoa Hiep Company Limited, implemented in Nam Giang Commune (Nam Dan). It is worth noting that this project has been extended twice and the extension period has expired. However, the investor has not completed the land lease procedures to implement the project (this case is a case of auctioning land use rights).
Or like the Restaurant and Hotel Project of Phu Ha An Company Limited in Dong Hieu Commune (Thai Hoa Town), although it has been extended once, and the extension period has expired, the investor has not yet completed the procedures to lease land to implement the project...
SLOW IN RETURN OF LAND
Not only the projects that were terminated in 2023, previously, in 2022, the Provincial People's Committee also decided to reclaim land for many projects. However, up to now, the land reclamation of many projects has not been implemented.
5 projects in Quynh Thien ward, Hoang Mai town have had their land reclaimed by the Provincial People's Committee but have not yet been handed over:
1. Commercial service area project of Pacific Seafood Import-Export Service Trading Company (2,210m2).
2. Supermarket and product introduction project of Manh Xuan Company Limited (5,000m2).
3. Project of Trade Center, entertainment services of Hung Hoang Company Limited (3,000m2).
4. Furniture and construction service supermarket project of Construction Quality Inspection Consulting Company (2,000m2).
5. Project of commercial service supermarket for refrigeration, electronics, civil electricity and equipment repair and processing workshop invested by Tuong Tram Private Enterprise (3,050.2m2).
Specifically, on March 18, 2022, the Provincial People's Committee issued Decision No. 1793 to handle projects that are behind schedule. Of which, 7 projects had their land and projects revoked and related legal documents canceled. Of these, 5 projects are located in Quynh Thien ward, Hoang Mai town, and were leased land by the Provincial People's Committee from 2010 to 2015. However, the investors did not use the land for the right purpose, built against the planning, and even leased it to other units...
Immediately after that, the Provincial People's Committee issued a decision to reclaim the land, assigning the Provincial Land Fund Development Center to manage the entire area of reclaimed land mentioned above to organize an auction of land use rights for lease. At the same time, coordinate with the People's Committee of Hoang Mai Town to develop an auction plan according to regulations. However, up to this point, the investors whose land and projects were reclaimed have not yet handed over the land to the management units.
Ms. Nguyen Thi Huong - Head of the Department of Natural Resources and Environment, Hoang Mai Town said: Although there was a decision to reclaim the land and the town had urged many times, the units still did not move the assets to return the land to the locality as well as the Provincial Land Fund Development Center to manage and organize the auction.
Most recently, in early October 2023, the People's Committee of Hoang Mai Town continued to issue an official dispatch requesting these units to immediately dismantle the constructions on the land area that the Provincial People's Committee had decided to reclaim, and hand over the site to the State, to be completed before October 20, 2023. However, in reality, this has not been done. Even before the deadline, some enterprises sent a commitment to self-dismantle the constructions and asked to keep the assets on the land until the competent authorities conduct the auction of land lease rights, and they will also participate in the auction. If they win, they will carry out investment procedures, if they fail, they will self-dismantle the assets on the land and return the site.
NEED TO DEAL WITH RESOLUTION
On July 14, 2022, the Provincial People's Council issued Resolution No. 31 to strengthen State management of suspended projects, projects behind schedule and projects using land for the wrong purpose in the province. Information from this Resolution shows that in the period 2016-2021, interdisciplinary inspection teams established by the Provincial People's Committee conducted 489 inspections of 391 projects. The results were to terminate operations, reclaim land, and cancel related legal documents for 92 projects; extend the progress of 179 projects; allow continued implementation of 30 projects and handle other matters for 90 projects.
The resolution also pointed out the remaining shortcomings. Specifically, many projects that were not implemented or were behind schedule were inspected and granted extensions, but when the extension period expired, they were still not implemented and continued to be delayed. Many projects violated the laws on land, investment and construction such as encroachment, delay in putting land into use, construction against planning, and use of land for the wrong purpose. Some investors have not fulfilled their financial obligations, owing land rent, land use fees, etc.
In this Resolution, the Provincial People's Council also requested the Provincial People's Committee to direct departments, branches and localities to strictly implement the provisions of the law on management and investment projects using land in the province. Enhance the responsibility and quality of investor capacity assessment before allowing site survey or approving investment policies; closely assess the investment preparation work of land-using projects, especially the assessment of financial capacity and experience of investors; do not approve new investment projects for investors who violate the provisions of the law on land. At the same time, resolutely and synchronously implement solutions to handle and resolutely recover suspended projects, projects that have been behind schedule for many years, projects that violate investment laws, are built in violation of planning, and use land for the wrong purpose due to irresponsibility and incompetence of investors, etc.
It can be seen that, in addition to the legal provisions clearly stated in the Land Law, Investment Law... Resolution 31 of the Provincial People's Council is considered an important legal corridor of the State power agency in the locality. Immediately afterwards, on September 5, 2022, the Provincial People's Committee also issued Official Dispatch No. 6680/UBND-CN, directing departments, branches and localities to strictly implement the provisions of law on management and supervision of investment projects in the province.
However, many opinions say that it is necessary to be more drastic in cutting off "sore" projects that are behind schedule, regardless of whether they are large or small projects. There needs to be transparency from the land use planning stage to the handling of violations. This is considered a "remedy" to prevent land "enclosure" and ensure effective management, maximizing land resources. Because after all, putting land into timely, effective, and appropriate use, in order to create development resources, is still the final destination...
