Deputy Prime Minister signed the decision on investment policy, construction and business of infrastructure of Bau Can

Accordingly, the Deputy Prime Minister agreed to approve the investment policy for the construction and operation of infrastructure in the Bau Can - Tan Hiep Industrial Park (Phase 1), Dong Nai province (the project); and also approved the investor of the project as Tan Hiep Industrial Park Joint Stock Company.

Regarding the total investment capital of the project, the People's Committee of Dong Nai province directed the Dong Nai Provincial Industrial Park Management Board to require the investor to review, calculate, and determine the total investment capital of the Bau Can - Tan Hiep Industrial Park (phase 1).

Regarding the project location, the Deputy Prime Minister requested that, based on the project location proposed by the investor, the People's Committee of Dong Nai province specifically determine the location and boundaries of the Bau Can - Tan Hiep industrial park project (phase 1) within the Dong Nai provincial planning approved by the Prime Minister and within the general construction plan for the Bau Can - Tan Hiep industrial park approved by the People's Committee of Dong Nai province. This should ensure phased investment according to each stage, connection of the technical infrastructure of the Bau Can - Tan Hiep industrial park, and not affect the implementation of subsequent phases of the Bau Can - Tan Hiep industrial park.

The project's operating period is 50 years from the date the investment policy is approved and the investor is simultaneously approved.

The Deputy Prime Minister assigned the Ministry of Planning and Investment the responsibility for appraising the investment policies of the project and for carrying out state management of industrial parks in accordance with the Investment Law and relevant laws.

The relevant Ministries are responsible for the content of the appraisal of investment policies for projects within their functions and duties, as stipulated in the Investment Law and related laws.

Preventing the loss of state assets.

The People's Committee of Dong Nai province ensures the accuracy of information, reported data, and assessment contents in accordance with the law; and implements the project in accordance with the plans approved by competent authorities.

In summary, ensure that the project is allocated sufficient industrial land to be implemented according to the approved schedule and is included in the land allocation and zoning plan of Dong Nai province and the annual land use plan of Long Thanh district approved by competent authorities in accordance with the law on land.

The organization shall develop and implement plans for land acquisition, compensation, site clearance, land use conversion, and land leasing for project implementation in accordance with documents approved by competent authorities regarding the scale, location, and progress of the project, complying with the provisions of land law, public property law, and other relevant laws. This includes leasing land for projects without auctioning land use rights or bidding for investor selection, provided that such projects do not result in the loss of state assets; and the allocation and leasing of small, narrow land parcels under state management (if any) must meet the criteria stipulated in Article 47 of Government Decree No. 102/2024/ND-CP dated July 30, 2024, detailing the implementation of some articles of the Land Law.

The People's Committee of Dong Nai province is responsible for preparing and approving the general planning for the construction of the Bau Can - Tan Hiep industrial park; directing relevant agencies of Dong Nai province to coordinate with competent authorities to determine the routes and directions of traffic within the project area to ensure that the investment and construction of the industrial park does not affect the implementation of traffic routes; in case of difficulties, they must promptly report to the competent authority to adjust the boundaries of the Bau Can - Tan Hiep industrial park accordingly.

Investor monitoring and evaluation

The People's Committee of Dong Nai province has directed the Management Board of Industrial Parks of Dong Nai province and relevant agencies to review and ensure that the area for the Bau Can - Tan Hiep Industrial Park (phase 1) is in accordance with the requirements for protecting and promoting the value of cultural heritage and the conditions stipulated by law on cultural heritage.

Inspect and verify whether investors meet the conditions for land lease, permit land use conversion at the time of land lease, and permit land use conversion for project implementation in accordance with the laws on investment, land, and real estate business; supervise investors borrowing credit from credit institutions and issuing corporate bonds to implement projects in accordance with the laws on real estate business.

Simultaneously, monitor and evaluate investors implementing the Bau Can - Tan Hiep Industrial Park (Phase 1), including ensuring that investors contribute sufficient capital on time to implement the project in accordance with the laws on investment, land, real estate business, and other relevant laws; the contribution of capital, purchase of shares, capital contributions, transfer of the project, and the use of land for project implementation, ensuring that the project's objectives are for socio-economic development for the national and public interest; and attracting investment projects to implement industry clusters as committed and stipulated in Clause 3, Article 9 of Decree No. 35/2022/ND-CP and Decree No. 80/2021/ND-CP dated August 26, 2021, of the Government detailing and guiding the implementation of some articles of the Law on supporting small and medium-sized enterprises.

During the monitoring and evaluation process, if the investor fails to meet the progress and conditions for attracting investment projects to implement industry clusters as committed and stipulated in Clause 3, Article 9 of Decree No. 35/2022/ND-CP and Decree No. 80/2021/ND-CP, the investor must be promptly required to adjust the project's scale and area to comply with the provisions of Point a, Clause 2, Article 9 of Decree No. 35/2022/ND-CP and terminate a part of the investment project in accordance with the law on investment and other relevant laws for the area that does not comply with the provisions of Decree No. 35/2022/ND-CP.

The People's Committee of Dong Nai province has solutions to support investors in attracting investment projects to implement industry clusters in accordance with the provisions of Clause 1, Article 23 of Decree No. 80/2021/ND-CP, Clause 3, Article 9, and Point b, Clause 2, Article 68 of Decree No. 35/2022/ND-CP, and contributing to the implementation of the approved Southeast Region planning and Dong Nai province planning.

The following requirements apply to investors during the implementation of the Bau Can - Tan Hiep Industrial Park (Phase 1): (i) specify the progress of attracting investment projects to implement industry clusters as stipulated in point a, clause 5, Article 8 of Decree No. 35/2022/ND-CP, to be included in the Investment Registration Certificate; (ii) if minerals with a higher value than ordinary construction materials are discovered, they must report to the competent state agency for resolution in accordance with the law on minerals; (iii) increase owner's equity or have a plan to mobilize other legal sources of capital in case insufficient credit capital is mobilized for the Bau Can - Tan Hiep Industrial Park (Phase 1); (iv) participate in investing in the construction of off-site transportation infrastructure, housing, and cultural, social, and sports facilities for workers in the industrial park.

Attracting investment projects that implement industry clusters in accordance with regulations.

Tan Hiep Industrial Park Joint Stock Company (the investor) shall carry out environmental protection procedures in accordance with the Law on Environmental Protection and guiding documents; deposit a security deposit or obtain a bank guarantee for the security deposit obligation to implement the project; and have a specific plan for recovering short-term receivables, ensuring sufficient owner's equity to implement the project.

Attracting investment projects to implement industry clusters in accordance with the provisions of Clause 1, Article 23 of Decree No. 80/2021/ND-CP and Clause 3, Article 9 of Decree No. 35/2022/ND-CP; in case the investor fails to meet the progress and conditions for attracting investment projects to implement industry clusters as committed, as stipulated in Clause 3, Article 9 of Decree No. 35/2022/ND-CP and Decree No. 80/2021/ND-CP, the investor must promptly adjust the project's scale and area to comply with the provisions of Point a, Clause 2, Article 9 of Decree No. 35/2022/ND-CP; bear all risks, costs, and full responsibility as stipulated in Articles 47 and 48 of the Investment Law in case of violation of commitments, investment laws, and land laws.

Tan Hiep Industrial Park Joint Stock Company must meet the conditions applicable to real estate businesses as stipulated by the law on real estate business when conducting industrial park infrastructure business activities; bear all risks, costs and be fully responsible for complying with the law on land, the law on public assets and other relevant laws, ensuring that no state assets are lost.

Source: https://kinhtedothi.vn/chu-truong-dau-tu-xay-dung-kinh-doanh-ha-tang-kcn-bau-can-tan-hiep.html