The Ministry of Natural Resources and Environment (TN-MT) has just sent a document to the Ministry of Construction asking for comments on the urban area project in area 10B, Quang Hanh ward, Cam Pha city.
Commenting on the legal basis of the 1:50,000 scale Ha Long Bay map published in 1998, the Ministry of Natural Resources and Environment said that the content of the map was compiled by the Ha Long Bay Management Board, and the Editing Center - CNC - Map Publishing House was the unit that drew, presented, and published it.
“According to the 2018 Law on Surveying and Mapping, the 1:50,000 scale map of Ha Long Bay is a specialized map and is not under the management of the Ministry of Natural Resources and Environment,” the document stated.
Regarding the authority to appraise the environmental impact assessment (EIA) report, the Ministry of Natural Resources and Environment said that, according to information provided by the Department of Natural Resources and Environment of Quang Ninh province, the project's EIA report is appraised according to the provisions of the Law on Environmental Protection (LEP) 2020.
Therefore, the authority to appraise EIA reports is determined according to the provisions of Article 35 of the Law on Environmental Protection 2020.
Based on the information provided by the Department of Natural Resources and Environment of Quang Ninh province and the results of the actual survey by the Ministry of Natural Resources and Environment (conducted by the Vietnam Administration of Seas and Islands on November 7, 2023), the Ministry of Natural Resources and Environment believes that in order to correctly identify the competent authority to appraise the project's EIA report, it is necessary to continue to clarify some contents.
Specifically, according to the provisions of Clause 1, Article 35 of the Law on Environmental Protection, investment projects with construction components under the Prime Minister's authority to decide and approve investment policies are under the authority to appraise EIA reports of the Ministry of Natural Resources and Environment.
According to Article 31 of the Investment Law 2020, projects under the Prime Minister's authority to approve investment policies include: Investment projects regardless of land area and population, within the protected area of relics recognized by competent authorities as national relics or special national relics.
Investment projects in accordance with the provisions of law on cultural heritage within the scope of protection zone I of relics recognized by competent authorities as national relics, special national relics or within the scope of protection zone II of relics recognized by competent authorities as special national relics on the list of world heritage.
Also according to the Ministry of Natural Resources and Environment, Ha Long Bay scenic spot was ranked as a special national monument according to Decision 1272 in 2009 of the Prime Minister.
According to Article 32 of the Law on Cultural Heritage, the protected areas of relics must be determined by competent state management agencies on cadastral maps, in the minutes of protection zoning of the relic records and must be marked in the field.
Therefore, the Ministry of Natural Resources and Environment requests the Ministry of Construction to consult with the Ministry of Culture, Sports and Tourism to compare and contrast the project implementation location with the protected areas of the special national relic Ha Long Bay.
From there, determine the authority to approve the investment policy and appraise the EIA report of the urban area project 10B, Quang Hanh ward, Cam Pha city.
In addition, the Ministry also believes that Ha Long Bay is both a world heritage site and a special national scenic spot, so it is necessary to compare the land area for project implementation with the boundary of Ha Long Bay when it is established and recognized as a world heritage site and a special national scenic spot.
Previously, in early December 2023, the Ministry of Construction sent a document to the Ministry of Natural Resources and Environment and the Ministry of Culture, Sports and Tourism to clarify many issues related to the urban area project in area 10B, Quang Hanh ward, Cam Pha city.
This was done under the direction of Deputy Prime Minister Tran Hong Ha, who assigned the Ministry of Construction to coordinate with the two ministries to check press information reflecting on the project.
The urban area project in area 10B, Quang Hanh ward, Cam Pha city was approved in principle for investment by the People's Committee of Quang Ninh province in Decision No. 3787/QD-UBND dated October 29, 2021; the land use rights auction was organized and the auction winning result was recognized by the People's Committee of Quang Ninh province in Decision No. 4720/QD-UBND dated December 30, 2021.
Accordingly, the winning bidder was Do Gia Capital Company Limited, located in Cam Thach Ward, Cam Pha City. At the time of winning the bid, this company had been established for just over 40 days, with Mr. Tran Hoai Thanh as director.
The project investment capital is 1,232 billion VND, from non-state budget sources. The project will build 451 townhouses and villas, up to 7 floors high, with a population of 2,024 people.
Urban area 10B has a total area of 31.8 hectares, of which 3.88 hectares are located in the buffer zone of Ha Long Bay.
Previously, after information was reported in the press about urban area 10B, on November 6, Cam Pha City People's Committee issued a document requesting the investor - LLC to temporarily suspend construction of the project.
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