Providing "long-term land" to enterprises is not in accordance with regulations
The Da Nang City Inspectorate has just issued Conclusion No. 1805/KL-TTTP on compliance with the law in land management and use for 12 enterprises in the Thanh Vinh Industrial Cluster (CCN) expansion, Lien Chieu Ward, thereby pointing out many long-term problems related to land use term, environmental obligations and land finance.
According to the inspection conclusion, Thanh Vinh Industrial Park after adjustment has a total area of 295,987m2, of which industrial land accounts for 270,366m2. To date, the occupancy rate of industrial land in the cluster has reached about 95%.
The project "Investment in the construction of Thanh Vinh Industrial Cluster Expansion" was approved by the People's Committee of Da Nang City under Decision No. 6748/QD-UBND dated August 28, 2007, completed and put into operation since 2009.
The project orients the development of industrial production and handicrafts such as mechanical - steel processing, construction materials, wood processing, textiles, plastic, electronics assembly and supporting industries.
Notably, through inspection, it is shown that the People's Committee of Da Nang City has issued a total of 61 "long-term" land use right certificates to investors.
The Da Nang City Inspectorate affirmed that this is not in accordance with Clause 3, Article 67 of the 2003 Land Law, because the land allocation period for economic organizations implementing investment projects is only a maximum of 50 years, in special cases not more than 70 years.
To date, 8/16 enterprises have not completed adjusting the land use term from "long" to 50 years for 50 related land use right certificates.
Lack of environmental records, discharging untreated wastewater into the environment
The Conclusion also clearly shows that most enterprises at Thanh Vinh Industrial Park expansion have not yet completed environmental documents according to regulations. Wastewater generated during the production process has not been collected and treated to meet Vietnamese standards before being discharged into the general drainage system of the industrial cluster.
In particular, the actual green land area is only 5,350m2, equivalent to 1.81% of the total planned area, much lower than the rate of 25% required in the Decision approving the environmental impact assessment report.
Regarding land financial obligations, the Da Nang City Inspectorate believes that the application of the 70% land use coefficient in the land price determination plan to collect land use fees does not have a solid legal basis.
Although the Thanh Vinh Industrial Park area has had its land use planning adjusted since 2021, the new planning has not been implemented yet, causing difficulties for many businesses that have received land use rights transfers and are stabilizing production.
From the above shortcomings, the Da Nang City Inspectorate recommends that the Chairman of the City People's Committee direct relevant departments and branches, in addition to the state budget, to promote the mobilization of socialized resources, and encourage investors to implement projects in accordance with the approved plan.
The inspection agency also requested investors to seriously learn from experience; at the same time, urge land lease units to urgently adjust land use terms, fully implement infrastructure fees, strictly comply with regulations on environmental protection and fire prevention and fighting.
Notably, the investor must also develop a support plan to ensure stable production and business for relocated enterprises when implementing the planning for converting land use purposes in Thanh Vinh Industrial Cluster.
