Firm action will be taken against projects that involve the illegal occupation of land.
(Baonghean.vn) - Every year, the Provincial People's Committee regularly inspects investment projects in the province. After each inspection, 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 reluctant to return the land to the state for management.
WASTING LAND RESOURCES
Over the past period, the Provincial People's Committee has directed functional departments and localities to strengthen state management of land. In particular...Strengthen inspections of projects that have been allocated land.The purpose of land leasing in the province is to identify projects that have not been implemented according to regulations or have been implemented but are behind schedule, in order to take timely corrective measures. However, inspections have revealed that many land-using projects throughout the province are behind schedule. This has caused many negative consequences, specifically wasting land resources, affecting the investment environment, as many businesses that genuinely need land to implement projects lack it, and many households that have accepted land clearance for projects no longer have land for production, affecting the jobs and income of workers…
About six years ago, in 2017, the people of Thuong Son commune (Do Luong district) were delighted when an investment project appeared in their area. This was the High-Tech Clay Roofing Tile Manufacturing Plant Project, invested in by An Trach Son Co., Ltd. Local residents were particularly excited that the project would create many jobs for their children, helping them avoid having to migrate to distant provinces in search of work.
However, six years have passed and the project remains only on paper, causing great frustration among the local people. Mr. Thanh Dang Long, Chairman of the People's Committee of Thuong Son commune, said: "For the past six years, the project has been just an empty plot of land; the investor has not built anything on it. Recently, the Provincial People's Committee issued a decision to terminate the project and revoke all related legal documents. The local authorities also hope that after the cancellation of this project, the land already 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 resources."
In Vinh City, in 2019, the Provincial People's Committee issued Decision 2164 approving the investment plan for the Kids House Kindergarten Project, with Tuoi Tho Education and Entertainment Investment Co., Ltd. as the investor. The project is located in Quan Bau Ward, Vinh City. According to the plan, the project will be implemented on an area of over 3,325 square meters.2This kindergarten was designed with two two-story school buildings; a talent development building; a landscaped garden area; a guardhouse; a playground… However, after many years, the investor has not yet deposited the security fund to guarantee the project; nor has it completed the subsequent procedures to proceed with implementation… As a result, the land area of over 3,325 square meters remains undeveloped.2Located in a prime location in Quan Bau ward, the area is overgrown with weeds, resulting in a huge waste of resources.
Faced with the situation where businesses, despite having received investment approval and land lease decisions from the Provincial People's Committee, fail to implement or delay implementation, the Provincial People's Committee has established numerous inter-agency teams in recent years to inspect and handle the issue. Most recently, on September 12, 2023, based on the review reports of the inter-agency teams, the Provincial People's Committee issued Decision No. 2842/QD.UBND approving the results of the 2022 inter-agency inspection team's inspection of investment projects in Nghe An province (phase 2).
Accordingly, the Provincial People's Committee decided to terminate operations and revoke related legal documents for 7 projects throughout the province. In addition to the Kids House International Kindergarten Project and the High-Tech Clay Roofing Tile Factory Project mentioned above, the Provincial People's Committee also terminated operations for 5 other projects, such as the Expansion Project of the Precast Concrete Components and Prestressed Concrete Products Factory, invested by Hoa Hiep Co., Ltd., in Nam Giang commune (Nam Dan district). Notably, this project had been extended twice and the extension period had expired. Despite this, the investor had not completed the land lease procedures to implement the project (this case falls under the category of auctioning land use rights).
For example, the restaurant and hotel complex project of Phu Ha An Co., Ltd. in Dong Hieu commune (Thai Hoa town), despite being granted one extension and the extension period having expired, the investor has still not completed the procedures to lease the land to implement the project…
DELAY IN RETURNING THE LAND
Not only were projects terminated in 2023, but the Provincial People's Committee had also issued decisions to revoke land use rights for many projects in 2022. However, to date, the land revocation process for many projects has not been completed.
Five projects in Quynh Thien ward, Hoang Mai town, have had their land revoked by the Provincial People's Committee but have not yet been handed over:
1. Commercial Service Area Project of Pacific Seafood Import-Export Trading Company (2,210m²)2.
2. Supermarket and product showroom project of Manh Xuan Co., Ltd. (5,000m²)2.
3. Commercial, service, entertainment and recreation center project of Hung Hoang Co., Ltd. (3,000m²)2.
4. Furniture Supermarket and Construction Services Project of the Construction Quality Inspection Consulting Company (2,000m²)2.
5. Project for a supermarket providing refrigeration, electronics, household electrical services and a workshop for repairing and processing equipment, invested by Tuong Tram Private Enterprise (3,050.2m²).2.
Specifically, on March 18, 2022, the Provincial People's Committee issued Decision No. 1793 to address projects with delayed progress. This included the revocation of land use rights, project licenses, and the cancellation of related legal documents for 7 projects. Among these, 5 projects are located in Quynh Thien Ward, Hoang Mai Town, and had been leased land by the Provincial People's Committee between 2010 and 2015. However, the investors did not use the land for its intended purpose, constructed buildings contrary to the approved plan, and even subleased the land to other entities…
Shortly thereafter, the Provincial People's Committee issued a decision to reclaim the land, assigning the entire reclaimed land area to the Provincial Land Fund Development Center for management and auctioning of land use rights. Simultaneously, they coordinated with the Hoang Mai Town People's Committee to develop an auction plan in accordance with regulations. However, to date, the investors whose land and projects were reclaimed have still not handed over the land to the managing units.
Ms. Nguyen Thi Huong, Head of the Department of Natural Resources and Environment of Hoang Mai Town, said: Although a decision to reclaim the land has been made and the town has repeatedly urged them, the units involved still have not relocated their assets to return the land to the local authorities and the Provincial Land Fund Development Center for management and auction.
Most recently, in early October 2023, the People's Committee of Hoang Mai Town continued to issue a document requesting these units to immediately dismantle the structures on the land area that had been reclaimed by the Provincial People's Committee, and to hand over the land to the State before October 20, 2023. However, this has not been implemented in reality. Even before the deadline, some businesses submitted commitments to voluntarily dismantle the structures and request to retain the assets on the land until the competent authorities conduct an auction for land lease rights. They would participate in the auction if they win, and if they lose, they will dismantle the assets on the land themselves and return the land.
DECISIVE ACTION IS NEEDED
On July 14, 2022, the Provincial People's Council issued Resolution No. 31 to strengthen state management of stalled projects, projects with delayed progress, and projects using land for improper purposes in the province. Information from this Resolution shows that, during the period 2016-2021, inter-agency inspection teams established by the Provincial People's Committee conducted 489 inspections of 391 projects. As a result, 92 projects were terminated, land was reclaimed, and related legal documents were annulled; 179 projects had their progress extended; 30 projects were allowed to continue; and other actions were taken for 90 projects.
The resolution also pointed out existing shortcomings. Specifically, many projects that have not been implemented or have been implemented behind schedule have been inspected and granted extensions, but have still not been implemented and continue to be delayed after the extension period. Many projects violate land, investment, and construction laws, such as encroachment, delays in putting land into use, construction contrary to planning, and misuse of land. Some investors have not fulfilled their financial obligations, owing land rent and land use fees…
In this Resolution, the Provincial People's Council also requested the Provincial People's Committee to direct departments, agencies, and localities to strictly implement the legal regulations on the management of investment projects using land in the province. It emphasized improving the responsibility and quality of investor capacity assessment before allowing site selection surveys or approving investment policies; strictly assessing the investment preparation work for land-use projects, especially the assessment of the financial capacity and experience of investors; and refusing to approve new investment projects for investors who violate land law regulations. At the same time, it called for decisive and comprehensive implementation of solutions to resolutely revoke stalled projects, projects with long-term delays, projects violating investment laws, projects built contrary to planning, and projects using land for purposes other than intended due to the investor's irresponsibility or inability to implement them.
It can be seen that, in addition to the legal regulations already clearly stated in the Land Law, the Investment Law, etc., Resolution 31 of the Provincial People's Council is considered an important legal framework for the local state power agency. Immediately afterwards, on September 5, 2022, the Provincial People's Committee also issued Official Letter No. 6680/UBND-CN, directing departments, agencies, and localities to strictly implement the legal regulations on the management and supervision of investment projects in the province.
Nevertheless, many argue that more decisive action is needed to eliminate slow-progressing "cancerous" projects, regardless of whether they are large or small. Transparency and openness are essential from the land use planning stage to the handling of violations. This is seen as a "cure" to prevent land hoarding and ensure effective management and maximum utilization of land resources. After all, the ultimate goal remains to put land to timely, efficient, and purposeful use to generate resources for development…
