Expert: Project scale should be reconsidered
Regarding the urban area project in area 10B, Quang Hanh ward, Cam Pha city, which is causing a stir in public opinion, speaking with VietNamNet , Mr. Hoang Anh Tuan, Director of the Department of Construction Activities (Ministry of Construction) said that this is a group B project, appraised by the Department of Construction of Quang Ninh province.
Through review, the Department did not participate in the appraisal and give opinions on the project before the province approved the investment.
In addition, speaking to the press, the leader of the Department of Architectural Planning (Ministry of Construction) said that the Ministry did not approve the planning of the urban area project 10B in Quang Hanh ward, Cam Pha city.
The project is approved by Quang Ninh province. This has been decentralized in the Planning Law, the Ministry of Construction only contributes opinions to approve the provincial planning, in which the protection of heritage areas is always taken into account.
According to architect Pham Thanh Tung, an independent critic, Ha Long Bay is not only a national but also an international heritage recognized by UNESCO as a World Natural Heritage, so it must be considered a national treasure managed by the locality.
According to the law on cultural heritage, the buffer zone is a protected area to avoid impacts on heritage. Unclear regulations on construction issues in the buffer zone can have a very dangerous impact on the landscape environment.
Raising the issue of national heritage works, Mr. Tung gave practical examples such as Hoan Kiem Lake is also divided into protection zones I, II. From there, construction is regulated. For example, the underground station C9 in the Hoan Kiem Lake area of the urban railway project No. 2, the Nam Thang Long - Tran Hung Dao section touches the "buffer zone" of protection zone II and must be moved.
“We can earn money but we cannot create heritage. Heritage is not only for today but also for future generations. Projects are phased and periodic. Although they are buffer zones, they are also close to heritage. There are limestone islands that have become “rockery” within the project. In my opinion, we should reconsider the scale of the project. Projects should be developed in the direction of beautifying and honoring Ha Long Bay, not interfering with the heritage by blatantly,” said Mr. Tung.
The expert assessed that the request to stop construction of the urban area project 10B Quang Hanh ward is necessary.
“I would like to reiterate that Ha Long Bay is a heritage, a treasure of the nation and the world. Quang Ninh Province has the honor and responsibility to preserve Ha Long Bay. It is necessary to deeply understand the Party's Resolution on cultural issues. Culture is the foundation and driving force for economic development. At this time, it requires political responsibility, social responsibility of leaders towards heritage and culture. It requires management with heart, vision, responsibility, and love for the country" - Architect Pham Thanh Tung said.
According to Mr. Tung, currently, the Ministry of Culture, Sports and Tourism is seeking opinions on the Law on Cultural Heritage (amended), the above 10B urban area project is also a case, an example showing that it is necessary to consider amending the law to suit life in order to build a sustainable and long-term heritage protection law.
Filling the legal gap
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.
Speaking with VietNamNet reporter, Master Nguyen Van Dinh, real estate legal expert, said that Do Gia Capital Company Limited was established on November 18, 2021, is a limited liability company with two members.
According to Article 46 of the 2020 Enterprise Law: “A limited liability company with two or more members has legal entity status from the date of being granted a Certificate of Enterprise Registration”. Thus, Do Gia Capital Company has legal entity status at the time of registration and is granted a Certificate of Enterprise Registration.
“The fact that a newly established enterprise of more than 40 days participated in the auction of land use rights and won the auction is in accordance with legal regulations at the time of 2021,” said Mr. Dinh.
According to Mr. Dinh, the legal regulations on selecting investors for land use projects have a "phase difference" between the form of project bidding (very strict control over the technical capacity and experience of enterprises participating in the bidding) and the form of land use rights auction (no mechanism to control the technical capacity and experience of enterprises participating in the auction).
The expert assessed that this is a problem, which can be considered a "loophole" in the legal system when auctioning land use rights is almost only based on financial criteria, the unit that offers the highest price wins the auction without paying attention to whether the enterprise's capacity is sufficient to implement the project to ensure quality and progress. The auction of "golden land" lots in Thu Thiem (also taking place at the end of 2021) pointed out the "loophole" in the law on auctioning land use rights as above.
According to Mr. Dinh, the problem has now been resolved after the Government issued Decree No. 10/2023. In which, Article 17a is added to Decree No. 43/2014, regulating the auction of land use rights when allocating and leasing land.
Accordingly, organizations participating in land use rights auctions must meet strict conditions. If the auction is to implement a housing project or real estate business project, they must meet the conditions under the Housing Law and the Real Estate Business Law.
The draft Land Law (amended) being submitted to the National Assembly for consideration also adds strict regulations for organizations participating in land use rights auctions, overcoming legal gaps in the current Land Law.
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