On July 21, the Government issued Resolution 212/NQ-CP on removing difficulties and obstacles related to the Ho Chi Minh City tidal flood resolution project taking into account climate change factors (phase 1) and the Ring Road 2 project (from Pham Van Dong Street to Go Dua intersection).
Both of the above projects were implemented by Ho Chi Minh City under the form of BT (build - transfer) contracts.
According to the resolution, the handling of problems in these two projects needs to ensure the following principles:
Comply with the direction of the Standing Committee of the Central Steering Committee on preventing corruption, waste and negativity.
Effectively implement tasks and solutions to remove difficulties and obstacles for projects; clear bottlenecks, mobilize social resources; soon continue to deploy, complete, and put projects into operation, promote investment efficiency, avoid waste and loss.
Only consider, handle, and remove related difficulties and obstacles that are due to violations due to the fault of the state management agency or the fault of both the state management agency and the investor.
The authority has the right to handle difficulties and problems related to projects at any level, that level will handle them.
The settlement process must be timely, feasible, in accordance with legal regulations, in accordance with objective reality; no corruption, negativity, loss, waste of state budget and assets; no legalization of violations, no overlapping of mistakes.
The Government assigned the Ho Chi Minh City People's Committee to comply with regulations and be responsible for preparing, appraising, and adjusting the Feasibility Study Reports of the two above-mentioned projects.
For the tidal prevention project, the Ho Chi Minh City People's Committee is allowed to pay investors with land funds, ensuring compliance with Resolution 98 of the National Assembly, related legal regulations and Resolution 40/NQ-CP of the Government.
The Ho Chi Minh City People's Committee is fully responsible for determining specific land prices, calculating land use fees, calculating land rents for land areas used for payment, in accordance with the provisions of the law on land.
In case the value of the land fund is lower than the value of the project (after eliminating unreasonable costs), the difference will be paid with public investment capital managed by Ho Chi Minh City.
The Government requests the State Audit to conduct audits of projects to serve as a basis for organizing payment and settlement of construction investment capital, ensuring effective capital use, harmonizing the interests of the State and investors, and putting the project into operation soon, avoiding waste.
Relevant ministries and branches such as Finance, Agriculture and Environment, Construction, State Bank and Ho Chi Minh City People's Committee are responsible for implementing the Resolution. In case of arising difficulties beyond their authority, they must promptly report to competent authorities for consideration and decision.
The flood prevention project has a total capital of nearly 10,000 billion VND, started in 2016, has completed more than 90% of the volume but has had to temporarily suspend construction since November 2020 due to problems with legal procedures, land fund for payment and capital allocation.
Similarly, the Ring Road 2 Project (from Pham Van Dong Street to Go Dua intersection) is nearly 2.8km long, with an investment capital of more than VND 2,700 billion, starting in 2017.
The project has stopped construction since March 2020 when it only reached 43.8% of the volume. The reason is that the contract appendix has not been signed and the payment land fund has not been allocated.
