Putting practice into resolution
In order to bring practice into the Resolution, the Consultation Conference on measures to accelerate investment progress, focusing on handling slow-to-implement non-budgetary capital projects using land in the province, organized by the Standing Committee of the Provincial People's Council in coordination with the Provincial People's Committee and the Standing Committee of the Provincial Vietnam Fatherland Front Committee, was a great success.
With the advisory members being experts in law, state management of land, representatives of associations, domestic enterprises, foreign direct investment enterprises in various fields, voters, the Standing Committee of the People's Council, People's Committees of districts in key industrial development areas of the province, they provided the Standing Committee of the Provincial People's Council and the Provincial People's Committee with vivid, comprehensive, in-depth practical bases with different perspectives, especially the subjective and objective causes of violations, solutions to problems and perspectives on handling violations,...
Delegates attending the Conference highly appreciated the spirit of openness, proactiveness, companionship and responsibility of the Standing Committee of the Provincial People's Council in listening to comments from experts, enterprises, voters, the Fatherland Front and local authorities on the draft Resolution about to be issued; expressed agreement with the assessment of the Standing Committee of the Provincial People's Council. That is, in recent times, the province has implemented many synchronous policies to attract investment, promote sustainable socio-economic development. With policies and solutions to improve the investment environment, Long An is a bright spot in attracting investment, especially foreign direct investment.
Up to now, the province has 19,245 domestic enterprises registered to operate with a capital of nearly 391,000 billion VND; 1,366 foreign direct investment projects with a registered capital of nearly 12.6 billion USD. The work of attracting investment and implementing projects with non-budgetary capital has contributed to completing the Provincial Planning, from a purely agricultural province to an industrial development province, the projects directly contribute to GRDP growth, create large revenue for the budget, create jobs, increase income for workers and effectively use land resources.
Besides those outstanding results, investment attraction is still limited, especially many projects have been approved for investment but the implementation progress is slow or not implemented, land is not put into use, wasting land resources, slowing down the development process of the province, losing investment opportunities for potential investors, the investment and business environment is unhealthy and has a significant impact on public opinion and people's lives.
According to the report of the competent authority, in the period of 2020-2024, the province had 56 projects investing in non-budgetary capital that were slow to put land into use, violating the provisions of the law on land; 212 projects were administratively sanctioned, accounting for 36.2% of the total 585 projects inspected and examined from 2021 to August 2024. The monitoring results of the Economic - Budget Committee of the Provincial People's Council showed that by the end of 2024, in the province, there were 152 projects investing in non-budgetary capital that were more than 24 months behind schedule compared to the initial investment policy progress (including 27 residential and urban projects; 21 industrial production projects and 104 commercial and service projects). And the issuance of a Resolution by the Provincial People's Council on measures to speed up investment progress and focus on handling slow-to-implement non-state budget projects using land is very necessary, specific, and meets practical requirements and voters' aspirations.
Possible solutions to the paradoxes
Regarding the content of the Resolution, the Standing Committee of the Provincial People's Council determined that this is a Resolution on solutions through the supervision activities of the Provincial People's Council for 152 non-state budget projects that use land in violation of land and investment laws. This is not only a legal basis for the Provincial People's Committee and relevant authorities to implement measures to handle the above investment projects according to legal regulations, but also creates a premise to resolve the long-standing paradoxes related to handling slow-to-implement projects in the province.
First of all, the legal regulations on project recovery and land use rights recovery are clear, but the authorities have not been able to handle them thoroughly.
Based on the provisions of the current Land Law and Investment Law and through monitoring the implementation of 152 non-budgetary projects with slow land use, the Resolution divides them into 6 groups: (1) Group of projects that do not put land into use; (2) Group of projects that are slow to put land into use; (3) Group of projects that use land for the wrong purpose; (4) Group of projects that are not implemented or implemented; (5) Group of projects that are slow to implement or implement; (6) Group of projects that are implemented or implemented not in accordance with the approved investment policy. From there, 3 groups of measures are determined: Group 1 is the revocation projects, including violations in groups 1 and 4 above (these are projects that are not implemented or do not put land into use due to subjective reasons of the investor and have expired the investment progress); Group 2 is the projects that have violated and are allowed to continue to be implemented (these are projects with violations in groups 2 and 5 above but due to objective reasons and the investment progress is still on track or projects with violations in groups 1 and 4 above but not yet eligible for project revocation according to regulations); Group 3 is the projects that have violated and must be handled before continuing to be implemented or revoked (these are projects with violations in groups 2, 3, 5, 6 above that have not been extended, due to subjective reasons of the investor, the extension period has passed but due to objective reasons of the investor, subjective reasons of the state management agency). For each group of measures, a specific time for completion is determined. In particular, the handling time for group 1 is clearly determined to be no more than 24 months; group 2 is no more than 12 months to have new progress; group 3 is no more than 6 months to determine whether to continue to implement or revoke, and the results are reported to the Provincial People's Council according to regulations.
Determining the type of violation and handling measures in the Resolution is to concretize current legal regulations into specific, clear implementation solutions with a certain time limit to create consistency, transparency, and time limits not only for state management agencies and investors but also as a basis for provincial People's Council delegates and voters to supervise according to regulations.
Second, when voters reflect and make recommendations on handling the project, investors cry out for injustice.
Representatives of the Association of Enterprises and some enterprises in the province said that in reality, in addition to advantages, the investment and implementation of projects by enterprises still face many difficulties, especially administrative procedures for investment reception, project progress extension, land price appraisal to determine financial obligations still have many shortcomings, obstacles, prolonging the implementation time; site clearance is slow, affecting the progress of projects.
The draft resolution of the Provincial People's Council provides solutions to support, facilitate and promote the progress of projects that are slow to be implemented not due to subjective reasons of the investor to continue to be implemented, focusing on administrative procedures, site clearance, etc. It is required that during the implementation process, the Provincial People's Committee needs to organize reviews, inspections, and conclusions for each project, ensuring the accuracy and completeness of legal documents in accordance with legal regulations; clearly identify objective and subjective causes from the perspective of enterprises, state management agencies and the law.
Third, when questioning responsibility, the state management agency explained that it was due to the enterprise's lack of capacity, lack of interest, and lack of coordination.
From the reality of people affected by the project planning, through consultation with voters, it was recommended that the project planning should have specific implementation phases, not restrict the land use rights of people in the planning area but the project has not carried out the work of seizing and compensating; choose investors with enough capacity, enthusiasm, and responsibility to implement the project; resolutely handle "suspended" projects that have not been implemented for more than 10 years; must build a complete resettlement area so that people have a better life and new place to live than the old place before land recovery and site clearance; research and have optimal support policies for people subject to land recovery to implement the project.
Therefore, the Resolution will have solutions to review investment phases for projects with large land use needs and solutions to stabilize the lives and production of people in areas where projects violate the law; at the same time, it is required to clearly identify whether the slow implementation of projects using land is due to subjective reasons of the investor or the state management agency. If it is due to the subjectivity of the state management agencies, the responsibility of the organizations and individuals involved will be strictly handled.
In short, the problem is how to effectively and legally resolve these paradoxes; create consensus between investors and people with related interests. And the Resolution of the Provincial People's Council about to be issued will be a timely and feasible solution, associated with the responsibility of state management agencies and investors, and is a necessary legal basis to ensure the legitimate rights and interests of investors, and equality in resolving legal disputes on investment in the province.
Need to change thinking about attracting investment
It is time to focus on the effectiveness of investment attraction rather than the results of investment attraction to escape the situation of many registered projects but few implemented projects. At the same time, it is clearly recognized that the handling and revocation of projects according to the Resolution of the Provincial People's Council affects certain enterprises, but that is to comply with legal regulations, there is no other way; it is the final step that must be carried out in the process of the provincial government's commitment to accompany enterprises throughout: Review - inspection - support - extension - revocation of projects. This handling will create new, more positive effects in attracting investment, which is fairness, equality, and more benefits for the business community due to better investment opportunities, improving the investment environment, preventing land waste, and creating new momentum for rapid and sustainable socio-economic development of the province.
With the above spirit, we believe that this Resolution will contribute to improving the province's investment environment, promoting the improvement of investment attraction efficiency and aiming to build Long An into a friendly - effective - safe investment destination./.
Member of the Provincial Party Standing Committee, Vice Chairman in charge of the Provincial People's Council - Mai Van Nhieu
Source: https://baolongan.vn/giai-quyet-nghich-ly-doi-voi-cac-du-an-dau-tu-ngoai-ngan-sach-co-su-dung-dat-lanh-manh-hoa-moi-truong-dau-tu-nang-cao-hieu-qua-thu-hut-dau-tu-a190862.html
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