Accordingly, the Deputy Prime Minister agreed to approve the investment policy of the project to invest in construction and business of infrastructure of Bau Can - Tan Hiep Industrial Park (phase 1), Dong Nai province (project); at the same time, approved the project investor as Tan Hiep Industrial Park Joint Stock Company.
Regarding the total investment capital of the project, the People's Committee of Dong Nai province directed the Dong Nai Industrial Park Management Board to request investors to review, calculate and determine the total investment capital of Bau Can - Tan Hiep Industrial Park (phase 1).
Regarding the project implementation location, the Deputy Prime Minister requested that based on the project implementation location proposed by the Investor, the People's Committee of Dong Nai province be assigned to specifically determine the location and boundaries of the Bau Can - Tan Hiep industrial park project (phase 1) in the planning of Dong Nai province approved by the Prime Minister and in the general planning of Bau Can - Tan Hiep industrial park approved by the People's Committee of Dong Nai province, ensuring the division of investment into phases, connecting the technical infrastructure of Bau Can - Tan Hiep industrial park and not affecting the implementation of the following phases of Bau Can - Tan Hiep industrial park.
The project's operating period is 50 years from the date the project is approved for investment policy and the investor is approved.
The Deputy Prime Minister assigned the Ministry of Planning and Investment to be responsible for the assigned contents of appraising project investment policies and performing state management of industrial parks in accordance with the provisions of the Investment Law and relevant laws.
Relevant Ministries are responsible for the content of project investment policy appraisal within their functions and tasks according to the provisions of the Investment Law and relevant laws.
No loss of state property
Dong Nai Provincial People's Committee ensures the accuracy of information, reported data, and appraisal contents according to the provisions of law; implements projects in accordance with plans approved by competent authorities.
Synthesize and ensure that the project is allocated enough industrial park land to implement according to the approved schedule and is included in the land allocation and zoning plan in Dong Nai province's planning and the annual land use plan of Long Thanh district approved by competent authorities according to the provisions of the law on land.
Organize the development and implementation of land recovery, compensation, site clearance, conversion of land use purposes, and land lease for project implementation in accordance with documents approved by competent authorities on the scale, area, location, and progress of project implementation, comply with the provisions of the law on land, the provisions of the law on public property, and other relevant legal provisions, in which land lease for project implementation without auction of land use rights, bidding to select investors for projects using land does not cause loss of state assets; land allocation and lease for small, narrow plots of land managed by the State (if any) must ensure that they meet the criteria prescribed in Article 47 of Decree No. 102/2024/ND-CP dated July 30, 2024 of the Government detailing the implementation of a number of articles of the Land Law.
The People's Committee of Dong Nai province organizes the establishment and approval of the general planning for the construction of Bau Can - Tan Hiep industrial park; directs relevant agencies of Dong Nai province to coordinate with competent authorities to determine traffic routes and directions within the project implementation area to ensure that the investment in the construction of the industrial park does not affect the implementation of traffic routes; in case of any problems, it must be promptly reported to competent authorities to adjust the boundary of Bau Can - Tan Hiep industrial park accordingly.
Investor monitoring and evaluation
The People's Committee of Dong Nai province directed the Management Board of Industrial Parks of Dong Nai province and relevant agencies to review and ensure that the area implementing Bau Can - Tan Hiep Industrial Park (phase 1) is suitable for the requirements of protecting and promoting the value of cultural heritage and the conditions prescribed by law on cultural heritage.
Check and determine whether investors meet the conditions for land lease, allow change of land use purpose at the time of land lease, allow change of land use purpose to implement the project according to the provisions of the law on investment, the law on land and the law on real estate business; supervise investors borrowing credit from credit institutions, issuing corporate bonds to implement the project according to the provisions of the law on real estate business.
At the same time, monitor and evaluate investors implementing Bau Can - Tan Hiep Industrial Park (phase 1), including investors' timely and sufficient capital contribution to implement the project in accordance with the provisions of the law on investment, the law on land, the law on real estate business and other relevant legal provisions; capital contribution, purchase of shares, capital contributions, project transfer and land use to implement the project, ensuring that the project implementation objective is to develop the socio-economy for the national and public interest; attract investment projects to implement industry clusters according to the commitments and provisions in Clause 3, Article 9 of Decree No. 35/2022/ND-CP and Decree No. 80/2021/ND-CP dated August 26, 2021 of the Government detailing and guiding the implementation of a number of articles of the Law on Support for Small and Medium Enterprises.
During the monitoring and evaluation process, if the investor fails to ensure the progress and conditions for attracting investment projects to implement industry clusters as committed, as prescribed in Clause 3, Article 9 of Decree No. 35/2022/ND-CP and Decree No. 80/2021/ND-CP, the investor must be promptly requested to adjust the project area scale to comply with the provisions in Point a, Clause 2, Article 9 of Decree No. 35/2022/ND-CP and terminate a part of the investment project in accordance with the provisions of the law on investment and other relevant legal provisions for the area that is not in accordance with the provisions of Decree No. 35/2022/ND-CP.
Dong Nai Provincial People's Committee has solutions to support investors in attracting investment projects to implement industry clusters in accordance with the provisions of Clause 1, Article 23 of Decree No. 80/2021/ND-CP, Clause 3, Article 9, Point b, Clause 2, Article 68 of Decree No. 35/2022/ND-CP and contributing to the implementation of the approved Southeast regional planning and Dong Nai provincial planning.
Investors are required during the implementation of Bau Can - Tan Hiep Industrial Park (Phase 1): (i) to specify the progress of attracting investment projects to implement industry clusters as prescribed in Point a, Clause 5, Article 8 of Decree No. 35/2022/ND-CP to be specified in the Investment Registration Certificate; (ii) if minerals are discovered to have a higher value than minerals used as common construction materials, they must report to the competent state agency for settlement in accordance with the provisions of the law on minerals; (iii) to increase the owner's capital contribution or to have a plan to mobilize other legal capital sources in case of insufficient credit capital mobilization for Bau Can - Tan Hiep Industrial Park (Phase 1); (iv) to participate in investing in the construction of traffic works outside the fence, housing and cultural, social and sports works for workers working in the industrial park.
Attract investment projects to implement industry clusters in accordance with regulations
Tan Hiep Industrial Park Joint Stock Company (investor) shall carry out environmental protection procedures in accordance with the provisions of the Law on Environmental Protection and guiding documents; deposit or have a bank guarantee for the deposit obligation to implement the project; have a specific plan for the recovery of short-term receivables, ensuring sufficient owner's capital to implement the project.
Attract investment projects to implement industry clusters in accordance with the provisions of Clause 1, Article 23 of Decree No. 80/2021/ND-CP and Clause 3, Article 9 of Decree No. 35/2022/ND-CP; in case the investor fails to ensure the progress and conditions for attracting investment projects to implement industry clusters as committed, as prescribed in Clause 3, Article 9 of Decree No. 35/2022/ND-CP and Decree No. 80/2021/ND-CP, it is necessary to promptly adjust the scale of the project area in accordance with the provisions of Point a, Clause 2, Article 9 of Decree No. 35/2022/ND-CP; bear all risks, costs and take full responsibility as prescribed in Articles 47 and 48 of the Investment Law in case of violation of commitments, provisions of law on investment and provisions of law on land.
Tan Hiep Industrial Park Joint Stock Company must meet the conditions applicable to real estate business enterprises according to the provisions of the law on real estate business when conducting industrial park infrastructure business activities; bear all risks and costs and take full responsibility for compliance with the provisions of the law on land, the law on public property and other relevant legal provisions, ensuring no loss of state assets.
Source: https://kinhtedothi.vn/chu-truong-dau-tu-xay-dung-kinh-doanh-ha-tang-kcn-bau-can-tan-hiep.html
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