Not a force majeure reason
Lawyer Doan Trong Bang, Black & White Law Firm - Hanoi Bar Association, said that document 780 dated June 17, 2024 of the Management Board of Quang Binh Economic Zone reported to the People's Committee of Quang Binh province, has the content of the report. not in accordance with the law.
Lawyer Bang said that the basis for adjusting the project implementation progress in the document clearly stated that due to the prolonged impact of the COVID-19 epidemic and the impact of the world economic and financial crisis; Investors overcome consequences in cases of force majeure (according to the provisions of Point a, Clause 4, Article 41 of the Investment Law 2020 and the provisions of Clause 1, Article 15 of Decree No. 43/2014/ND-CP of the Government ).
According to the provisions of Point a, Clause 4, Article 41 of the Investment Law: "For investment projects with approved investment policies, investors are not allowed to adjust the progress of the investment project by more than 24 months compared to the progress of the investment project. The level of investment project implementation is specified in the initial investment policy approval document, except for one of the following cases:
To overcome the consequences in cases of force majeure according to the provisions of civil law and land law.
However, the above basis is completely unfounded because all of the events mentioned are not force majeure events according to the provisions of civil law and land law.
The time the COVID-19 epidemic is considered a force majeure event can be calculated from January 23, 2020 (the date the COVID-19 epidemic was announced according to Decision No. 447 dated April 1, 2020 of the Prime Minister) to October 11. .2021 (the date the Government issued Resolution No. 128 temporarily regulating safe, flexible adaptation and effective control of the COVID-19 epidemic).
Therefore, the force majeure event of the COVID-19 epidemic according to the provisions of the Land Law has ended from October 11, 2021.
There is no basis for confirmation
If it is determined that the Project belongs to the case of "remediation of consequences in case of force majeure according to the provisions of civil law and land law", it is understood that the remediation of consequences lasts nearly 3 years. But the Quang Binh Economic Zone Management Board does not have any basis to confirm this.
Conditions to be considered a force majeure event according to the provisions of Article 156 of the Civil Code: A force majeure event is an event that occurs objectively, is unpredictable and cannot be overcome even though it has been resolved. Apply all necessary and permissible measures.
Regarding the reasons for the impact of the world economic and financial crisis, this event does not meet the elements of a force majeure event as prescribed in Clause 1, Article 156, 2015 Civil Code as follows: above, because how does this event affect Investors? If it only affects the issue of lack of capital, inability to mobilize capital leading to inability to implement the project, it is not considered a force majeure reason.
Previously, as Lao Dong Newspaper reported, on February 22, 2024, Deputy Head of the Management Board of Quang Binh Economic Zone Hoang Dang Anh sent to the Provincial People's Committee a report on the implementation of the Dohwa Project, clearly stating what the project needs to see. 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.
At the conclusion notice of the Party Committee of the Provincial People's Committee at the meeting on August 13, it was agreed to extend the 5th time for the Quang Binh Energy Pellet Plant Project of Dohwa Resource Development Company Limited despite public opinion being negative. very frustrated about the implementation of this project.
