Dozens of projects face difficulties due to regulatory obstacles.

41 projects have not yet been allocated or leased land.

Playing a crucial role in the local economy , generating budget revenue, and attracting numerous domestic and foreign investors, the Dung Quat Economic Zone (Binh Son district, Quang Ngai province) is currently facing many projects in a dilemma due to legal regulations.

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

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

According to our findings, these projects received investment approval decisions in an earlier period. At the time these investment approval decisions were issued, based on Government Decree 30 dated March 17, 2015, detailing the implementation of several articles of the Law on Bidding regarding investor selection, and Decision No. 96 dated January 20, 2017, of the Quang Ngai Provincial People's Committee approving the list of investment projects using land with high commercial value for investor selection, commercial and service projects in the 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 for investor selection.

According to regulations, investment projects in the trade and service sectors within the Dung Quat Economic Zone are not subject to competitive bidding for investor selection.

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 projects) are exempt 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 the Dung Quat Economic Zone (an investment-incentive area) are not eligible for land allocation or land lease through land use rights auction.

However, according to the amended and supplemented land law regulations, commercial and service land-use projects are now subject to land allocation and leasing through auction of land use rights and bidding for land-use projects.

Therefore, for commercial and service projects that have received investment approval under previous regulations but have not yet been allocated or leased land, continuing the project is no longer in accordance with current laws and regulations; instead, an investor must be selected.

There is insufficient legal basis to decide to terminate.

Following the direction of the Provincial People's Committee regarding the resolution of obstacles in the implementation of commercial and service projects funded from non-budgetary sources, the Management Board of Dung Quat Economic Zone and Quang Ngai Industrial Parks has conducted a review of commercial and service projects in the Dung Quat Economic Zone that had previously received investment approval but had not yet been allocated or leased land.

Simultaneously, work with investors to inform them about revised and supplemented legal regulations; directives from the Provincial People's Committee regarding the resolution of outstanding projects; and the next procedural steps to be taken in selecting investors to implement commercial and service projects according to regulations. This includes the requirement for investors to voluntarily terminate their projects in accordance with investment laws to facilitate the implementation of subsequent steps.

As a result, 11 out of 41 commercial and service projects have ceased operations. For these projects, the Management Board worked with investors to determine legitimate and reasonable costs, submitted them to competent authorities for approval, and guided them through the relevant procedures to obtain investment approval and select investors.

Many investors have not voluntarily terminated their projects because they wish to continue implementing them.

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

On the other hand, among these 30 projects, some are located within areas designated for industrial use, requiring a temporary suspension of procedures and will be reviewed and resolved after the zoning plan for 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 sufficient legal grounds to decide to terminate the project.

"In the coming period, the Board will continue to work with and encourage investors to voluntarily terminate their projects to pave the way for the next steps. At the same time, we will guide investors who wish to continue implementing their projects to follow the procedures to participate in the land use rights auction and the investor selection bidding process," Mr. Dam Minh Le informed.

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