The project to upgrade and expand Tien Sa Port phase 2 was implemented in Son Tra ward, Da Nang city from July 2016 to September 2018, completed and put into use. Da Nang Port Joint Stock Company is the investor.
The project has a total investment of more than 1,069 billion VND, including equity of nearly 384 billion VND, loans of more than 329 billion VND and mobilized capital of more than 356 billion VND.
According to the Inspectorate of Da Nang City, although there is no investment policy decision approved by competent authorities, the project is still being implemented. This does not ensure the provisions of the Investment Law and related decrees.
It is worth mentioning that the responsibility for a series of illegal advice from departments and sectors in the previous period leading to violations was also clearly pointed out by the Inspectorate.
In the field of planning, the Department of Construction has advised the Da Nang City People's Committee to approve the general layout of the detailed construction plan at a scale of 1/500 and approve the general layout adjustment of the project plan when there is no approved sub-area plan. The Inspectorate determined that this does not ensure the provisions of the Urban Planning Law.
In the field of land, the Department of Natural Resources and Environment, formerly the Department of Agriculture and Environment, has advised the City People's Committee to issue a document agreeing on the policy of leasing land to Da Nang Port Joint Stock Company to implement the project without going through land use rights auctions.
The advice on land lease when the project has not yet had an investment policy decision from the Prime Minister is also concluded to not ensure the order of investment project implementation.
Since the City People's Committee leased land until now, the signing of land lease contracts and issuance of land use right certificates for the project has been delayed. The reason given is that there is no consensus on the purpose, area and structure of land use to determine land prices.
Working with the inspection team, Da Nang Port Joint Stock Company admitted that the above shortcomings were unintentional, due to lack of understanding of the Investment Law, not intentional errors aimed at personal gain. The project has been completed, put into use in a timely manner and promoted efficiency, immediately solving the problem of overload, meeting the volume of goods through the Da Nang seaport system, contributing to attracting more customers, bringing goods through the port higher, increasing tax revenue for the Central Government and localities.
This enterprise said that it has organized a review of collective responsibility under the direction of the Prime Minister, reported the review results to competent authorities and committed to complying with the forms of handling according to regulations.
The Inspectorate of Da Nang City proposed that the City People's Committee direct departments, branches and Da Nang Port Joint Stock Company to base on the specific mechanisms and policies of the National Assembly and the Government to handle difficulties and obstacles of the project; and at the same time organize reviews, rectification, and drawing experience for relevant collectives and individuals.
The inspection conclusion shows that the Tien Sa Port phase 2 project is an important seaport infrastructure project, but the implementation process has revealed many loopholes in investment procedures, planning and land, which need to be thoroughly handled to avoid prolonging obstacles.
