Encroachment on Ha Long Bay buffer zone for urban development: Who is responsible?

Next week, a thorough inspection will be conducted on the project to reclaim land from the buffer zone of Ha Long Bay for urban development.

Recently, many newspapers reported on the threat to the Ha Long Bay World Natural Heritage site by the investor of the 10B urban area project in Quang Hanh Ward, Cam Pha City, Quang Ninh Province, who is dumping soil and rocks in the buffer zone and enclosing rocky mountains to create a miniature landscape. On November 8th, Deputy Prime Minister Tran Hong Ha signed a document assigning the Ministry of Construction to lead and coordinate with the Ministry of Culture, Sports and Tourism, the Ministry of Natural Resources and Environment, and the People's Committee of Quang Ninh Province to investigate the media reports on the project encroaching on the Ha Long Bay buffer zone for urban development, and to report the results to the Prime Minister before November 25th.

Many people have expressed their sorrow at witnessing the buffer zone of the Ha Long Bay World Natural Heritage site being "carved up".

On the afternoon of November 12th, a representative from the Ministry of Construction stated that they will be diligently implementing Deputy Prime Minister Tran Hong Ha's directives next week to ensure timely reporting to the Prime Minister. Most of the necessary procedures have already been communicated to relevant ministries, agencies, and localities.

An official from the Ministry of Natural Resources and Environment stated that the Environmental Impact Assessment (EIA) report for this project to reclaim land from the buffer zone of Ha Long Bay was approved by the Quang Ninh Provincial People's Committee. According to their expertise, members of the Ministry of Natural Resources and Environment's inspection team will likely focus on comprehensively reviewing the project's EIA and comparing it to the actual site conditions. In addition, they will consider issues related to biodiversity conservation in the area planned for the project…

Despite the project's prime location, the government only collected 4 million VND/ ^m² from the auction.

Professor Dang Hung Vo, former Deputy Minister of Natural Resources and Environment, stated that he personally does not support and finds it very difficult to understand why Quang Ninh province is planning urban development that overlaps with the buffer zone of Ha Long Bay.

"The Ha Long Bay World Natural Heritage site is a national treasure, recognized by the world. However, Quang Ninh province has approved an urban development project that partially overlaps with the protected buffer zone. Whether it's the buffer zone or the core zone, it still belongs to the national heritage site, and the local authorities cannot arbitrarily encroach upon it. If we are not careful, the consequences of losing the World Natural Heritage title in the future will be enormous, and who will be able to bear the responsibility?" Mr. Vo said.

Mr. Vo stated that the Quang Ninh Provincial People's Committee mentioned having reached an agreement with the Ministry of Culture, Sports and Tourism regarding nearly 3.9 hectares of land belonging to the 10B urban area project located within the protected buffer zone of Ha Long Bay. However, the Ministry of Culture, Sports and Tourism recently denied any such agreement. Therefore, the inter-agency inspection team, led by the Ministry of Construction and including representatives from the Ministry of Culture, Sports and Tourism, cannot ignore this issue, especially in clarifying who is responsible.

In addition, Mr. Vo suggested that the inter-ministerial inspection team should re-examine the entire planning process of the 10B urban area project, which encroaches on the sea and into the protected buffer zone of the heritage site, to determine whether it complies with the law.

The 10B urban development project covers nearly 32 hectares. Of this, nearly 3.9 hectares are located within the buffer zone of the Ha Long Bay World Natural Heritage Site.

"One extremely important issue that the inspection team, led by Deputy Prime Minister Tran Hong Ha and chaired by the Ministry of Construction, in coordination with the Ministry of Culture, Sports and Tourism, the Ministry of Natural Resources and Environment, and the People's Committee of Quang Ninh province, cannot ignore is the thorough review and clarification of the entire auction," Mr. Vo added.

To avoid losses for the State, it is necessary to carefully examine all stages from project formation, document preparation, and auction announcement. What underlying factors led to the starting price of 1,145.3 billion VND? Is this starting price appropriate? Which agency determined this price? Does it ensure that the starting price is equal to the market price?

Furthermore, the inspection team needs to review the auction invitation process, including the number of organizations and individuals participating, those disqualified, and those who won bids, in order to clearly conclude whether there were any negative elements or collusion that allowed Do Gia Capital Co., Ltd. to win the auction with a bid of 1.192 billion VND in 2021, only slightly higher than the starting price by nearly 47 billion VND. Calculations show that, for such a beautiful, unique, and rare coastal urban location, the state only collected less than 4 million VND/ ^m² .

In short, the inter-ministerial inspection team needs to thoroughly answer the following questions: Why was the starting price 1,145.3 billion VND? Why was the winning bid price only slightly higher, by nearly 47 billion VND, reaching 1,192 billion VND? Were there any negative issues or collusion involved?," Mr. Vo questioned.

Who is responsible for the leveling of the buffer zone of the Ha Long Bay World Natural Heritage site for urban development?

Regarding the question of who is responsible for the 10B urban development project encroaching on the buffer zone of Ha Long Bay, Mr. Vo stated that since this is a state-developed project located in Quang Ninh province, the primary responsibility lies with the Quang Ninh Provincial People's Committee and its advisory departments. Following that, the question is whether the Provincial Standing Committee played a role, and to what extent. In terms of individual roles, it is necessary to review who held leadership positions in the Provincial People's Committee, departments, and which officials were involved in the project during that period… "Raising the issue is one thing, but whether the inspection team can thoroughly investigate the matter is another," Mr. Vo said.

A close-up view of an area where the project developer is filling in soil and rocks to create a level surface.

Mr. Nguyen Quoc Hiep, Chairman of the Vietnam Association of Construction Contractors (VACC), expressed his confidence that the inter-ministerial inspection team led by Deputy Prime Minister Tran Hong Ha would not overlook any elements or details related to the project that threatens the national treasure, the World Natural Heritage site of Ha Long Bay.

"I believe that when the incident receives extensive media coverage, attracts social media attention, stirs public opinion, and the Government intervenes to clarify the matter, all issues from planning, auction organization, winning bid price, project implementation… will be thoroughly investigated by the inter-ministerial inspection team to provide an accurate report to the Prime Minister. Regardless of who is responsible, the ultimate goal is to protect the Ha Long Bay World Natural Heritage site as best as possible," Mr. Hiep said.

As an investor, Mr. Hiep argued that, including the auction winning fee of less than 4 million VND/ ^m² and other costs such as land leveling, infrastructure construction, and exterior finishing; combined with the building density, the winning bidder and developer of the project have the potential to generate very high profits, potentially thousands of billions of VND. However, the fact that the State only collected less than 4 million VND/ ^m² from the auction needs to be reconsidered.

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