5th extension
According to information from the People's Committee of Quang Binh province, in the conclusion notice of the Party Committee of the Provincial People's Committee at the meeting on August 13, it has just agreed to extend the 5th time for the Quang Binh Energy Pellet Factory Project of Co., Ltd. Dohwa Resource Development (Dohwa Project).
Accordingly, after listening to the Economic Zone Management Board's report on the policy of adjusting the Quang Binh Energy Pellet Plant Project of Dohwa Resource Development Company Limited; Opinions of members of the Party Committee of the Provincial People's Committee; The Party Committee of the Provincial People's Committee agreed on the policy of adjusting the Dohwa Project.
Previously, as Lao Dong Newspaper reported , on February 22, 2024, Deputy Head of the Management Board of Quang Binh Economic Zone Hoang Dang Anh submitted a report to the Provincial People's Committee on the implementation of the Dohwa Project, clearly stating what the project needs to consider. Consider terminating operations.
The document clearly states that this project does not fall under the provisions of the Investment Law to adjust project implementation progress, therefore, the Economic Zone Management Board requests to terminate the project's operations.
However, on June 17, 2024, the Management Board of Quang Binh Economic Zone sent another document to the Provincial People's Committee about adjusting the extension for this company until December 2025.
Inconsistency of the Economic Zone Management Board
Regarding the extension of the above Project, Lawyer Doan Trong Bang, Black & White Law Firm - Hanoi Bar Association shared some information around this issue.
According to Lawyer Doan Trong Bang, in document No. 195 dated February 22, 2024 of the Economic Zone Management Board on reporting the implementation status of the Dohwa Project, it was identified and assessed that the Project is not under the permitted circumstances. Adjust project implementation progress according to the provisions of the Investment Law. On March 11, 2024, the Party Committee of the People's Committee of Quang Binh province reported to the Standing Committee of the Quang Binh Provincial Party Committee on the Energy Tablet Factory Project of Dohwa Resource Development Company Limited, which agreed with the proposal of the Management Board. economic zone manager on considering terminating the Project according to regulations, requesting the Standing Committee of the Provincial Party Committee to issue a policy on terminating the Project rather than adjusting the project implementation schedule.
However, in Document No. 780 dated June 17, 2024 of the Economic Zone Management Board on the adjustment of the Project, there is a different opinion: "The adjustment of the Project's progress is 24 months older than the Project implementation schedule. The investment project specified in the Decision document approving the initial investment policy and the reason for adjusting the implementation progress of the above project is in the case of overcoming consequences in case of force majeure according to the provisions of law. civil law and land law".
Thus, this shows the inconsistency in the opinions and judgments of the competent authorities, while previous documents have confirmed that the Project is not subject to regulations on adjustment of implementation progress. project under the Investment Law that had to terminate the Project, but the subsequent document changed it to allow the Project to adjust its implementation schedule.
On the other hand, the contents of the documents of the Economic Zone Management Board are recording inconsistent contents and opinions of investors. Sometimes the Investor explains that due to financial difficulties, the implementation has not been completed according to the committed schedule, other times the Investor explains that it is due to having to overcome the consequences in case of force majeure, for two reasons. This is because it is completely different and inconsistent.
Furthermore, in the opinion of Lawyer Doan Trong Bang, the problem of lack of capital, inability to mobilize capital leading to insufficient capacity to implement the Project is not considered a force majeure reason.
