DNO - On December 31, 2024, the Prime Minister signed Decision No. 1693/QD-TTg, approving the investment policy for the project to build and operate the infrastructure of Hoa Ninh Industrial Park.
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| The Management Board of Da Nang High-Tech Park and Industrial Zones and related units are tasked with monitoring and supervising the project's implementation. Photo: THANH LAN |
Accordingly, regarding the investor selection process, the Prime Minister assigned the People's Committee of Da Nang City to carry out the investor approval procedure as stipulated in point d, clause 7, Article 29 of Government Decree No. 31/2021/ND-CP dated March 26, 2021 (amended by point c, clause 2, Article 68 of Government Decree No. 115/2024/ND-CP dated September 16, 2024).
The project covers an area of 400.02 hectares. The project's objective is to invest in, construct, and operate industrial park infrastructure.
Regarding the project's investment capital, the Prime Minister instructed the Da Nang City People's Committee to direct the Da Nang High-Tech Park and Industrial Zones Management Board to coordinate with relevant agencies to determine the total investment amount of the project, ensuring it is consistent with the project's land use scale and the provisions of construction law.
The project's operating period is 50 years from the date the State leases the land to it.
Project location: Hoa Ninh commune, Hoa Vang district, Da Nang city; project implementation schedule: no more than 42 months from the date the land is handed over by the State.
Regarding investment incentives, support, and applicable conditions, these will be implemented in accordance with current laws and regulations.
The 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 law on investment and related laws.
The relevant ministries are responsible for the content of the appraisal of investment policies for projects within their functions and duties, as stipulated by investment law and related laws.
The Prime Minister assigned the Da Nang City People's Committee the responsibility for the truthfulness and accuracy of the information, data reported, and assessment contents in accordance with the law; adjusting the zoning plan for the Hoa Ninh Industrial Park to ensure that the proportion of transportation land in the project's land use structure complies with the National Technical Standard on Planning; and incorporating the opinions of the ministries.
The investor approval procedure shall be carried out in accordance with points a, b, c, d, and e of Clause 2, Article 30 of Government Decree No. 31/2021/ND-CP dated March 26, 2021 (amended by point c of Clause 2, Article 68 of Government Decree No. 115/2024/ND-CP dated September 16, 2024). In particular, the selected investor must ensure:
Fully meet the conditions for organizations when conducting real estate business as stipulated in points b and c, clause 2, Article 9 of the Law on Real Estate Business and clause 1, Article 5 of Government Decree No. 96/2024/ND-CP dated July 24, 2024, when carrying out industrial park infrastructure business activities.
Use equity capital to implement the project in accordance with the laws on investment, land law, real estate business law, and other relevant laws.
Comply with legal regulations in implementing the project according to this decision; invest in the construction of infrastructure systems in accordance with the Hoa Ninh Industrial Park construction plan approved by competent authorities; bear all risks, costs and fully be responsible as stipulated in Articles 47 and 48 of the Investment Law in case of violations of investment law and land law regulations.
Attracting investment projects into industrial zones that align with the development orientation of industries in the North Central and Central Coastal regions, as stipulated by regulations.
Ensure that the project is included in the land allocation and zoning plan within the Da Nang City Planning approved by the competent authority in accordance with the law on planning and the law on land; and that sufficient industrial land quotas are allocated to implement the project according to the approved schedule;
The organization shall develop and implement a plan for land acquisition, compensation, resettlement support, land use conversion, and land leasing for the project in accordance with the documents approved by competent authorities regarding the scale, location, and progress of the project; ensuring there are no disputes or claims regarding the right to use the project site; supplementing the lost area of land specifically used for rice cultivation or increasing the efficiency of rice cultivation land use as stipulated in point b, clause 4, Article 182 of the Land Law;
In cases where public assets are located within the project area, it is requested that the regulations on the management and use of public assets be followed, ensuring that no state assets are lost. The allocation and leasing of small, narrow plots of land managed by the State (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 certain provisions of the Land Law.
Strictly fulfill the responsibilities of state management agencies on investment in supervising and evaluating investment projects as stipulated in point a, clause 2 and point b, clause 3 of Article 70 of the Investment Law, and Articles 72 and 93 of Government Decree No. 29/2021/ND-CP dated March 26, 2021, regulating the procedures for appraising nationally important projects and supervising and evaluating investments;
Directing the Management Board of Da Nang High-Tech Park and Industrial Zones and relevant agencies:
Monitor and supervise the project implementation process, ensuring it complies with the requirements for protecting and promoting the value of cultural heritage and the conditions stipulated by law on cultural heritage.
The investment registration authority shall fulfill its responsibility to supervise and evaluate investment projects under its jurisdiction to issue Investment Registration Certificates as stipulated in point b, clause 2 and point c, clause 3 of Article 70 of the Investment Law, and Articles 71 and 94 of Government Decree No. 29/2021/ND-CP dated March 26, 2021.
Guide, inspect, and supervise the selected investor to implement the project according to the approved Hoa Ninh Industrial Park zoning plan, complete construction procedures in accordance with the law on construction; ensure that the location and scale of the project are consistent with the investment policy approved by the competent authority; the land use structure of the project and environmental safety distances comply with the National Technical Standard on Construction Planning and other relevant legal regulations;
Attracting investment projects into industrial zones that align with the development orientation of industries in the North Central and Central Coastal regions, as stipulated in point b, clause 1, Article 3 of Resolution No. 81/2023/QH15 dated January 9, 2023, of the National Assembly on the national master plan for the period 2021-2030, with a vision to 2050; the development orientation of industrial zones as stipulated in point a, section 3, part V, Article 1 of Decision No. 376/QD-TTg dated May 4, 2024, of the Prime Minister approving the planning of the North Central and Central Coastal regions for the period 2021-2030, with a vision to 2050; and the development plan for the industrial zone system as stipulated in section 5, part IV, Article 1 of Decision No. 1278/QD-TTg dated November 2, 2023, of the Prime Minister approving the planning of Da Nang city. Period 2021-2030, vision to 2050.
Requirements for selected investors: during the project implementation, if valuable minerals exceeding those used as common construction materials are discovered, they must report to the competent state agency for resolution in accordance with the law on minerals;
Comply with the regulations of the Law on Irrigation and its implementing guidelines, ensuring that the project implementation does not affect the management and operation of the irrigation system and the farming capacity of the surrounding people;
Coordinate in compensation, support, resettlement, and investment in the construction of housing for workers, as well as public service facilities and utilities for workers in industrial zones.
Verify and determine whether the selected investor meets the conditions for land lease and permission to change land use purposes granted by the State at the time of land lease or permission to change land use purposes;
Closely monitor the project's progress, the use of owner's equity as committed for project implementation, and the fulfillment of all conditions for organizations engaging in real estate business as stipulated in points b and c, clause 2, Article 9 of the Law on Real Estate Business and clause 1, Article 5 of Government Decree No. 96/2024/ND-CP dated July 24, 2024, detailing some provisions of the Law on Real Estate Business, when conducting business activities related to industrial park infrastructure.
Inspect and monitor the implementation of investors' commitments regarding attracting investment projects and ensuring the conditions for industrial park infrastructure investment as stipulated in Clause 4, Article 9 of Decree No. 35/2022/ND-CP; in case of failure to fulfill commitments, carry out appropriate procedures in accordance with the law on investment and relevant laws.
THANH LAN
Source: http://baodanang.vn/kinhte/202412/thu-tuong-chap-thuan-chu-truong-dau-tu-khu-cong-nghiep-hoa-ninh-3998644/
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