Enterprises in Lam Dong encounter difficulties when transferring projects

On April 23, the People’s Committee of Lam Dong province said that the locality had just had a working session and dialogue to resolve difficulties and problems of businesses. Including content related to transfer issues of Cam Ly hydroelectric project in City. Da Lat.

Lam Dong Department of Planning and Investment apologized to the business for being late in consulting

Attending the dialogue, Mr. Pham Dung, Director of Cam Ly Hydropower Company Limited (also representing Viet Hung Construction Joint Stock Company No. 1 under power of attorney) shared difficulties when businesses want to transfer projects. judgment.

Cam Ly Hydropower Project in City. Da Lat is invested by Viet Hung Construction Joint Stock Company No. 1 (Viet Hung Company). After some time, the business wants to transfer it back to Cam Ly Hydroelectric Company Limited (Cam Ly Company). However, the project transfer between the two businesses is facing many problems.

Mr. Dung informed that on January 10, the investor representative submitted the transfer documents for the Cam Ly Hydropower project to the Department of Planning and Investment of Lam Dong province, but nearly 4 months later, the new Department of Planning and Investment There is a written report to the Provincial People’s Committee on the results of appraisal and request to adjust the investor and transfer this project. Up to now, the enterprise has not yet been able to transfer the project.

After listening to the business’s presentation, Mr. Nguyen Ngoc Phuc, Vice Chairman of Lam Dong Provincial People’s Committee, responded that he had not received a report from the Department of Planning and Investment on the related issue, so he did not understand the situation. At the same time, the above project transfer content has not yet been reported by the department, so it is not under the jurisdiction of the Provincial People’s Committee to resolve.

Therefore, Mr. Phuc requested the representative of the Department of Planning and Investment to present and report the stated business content; At the same time, Mr. Phuc also asked the relevant companies to contact this department to resolve the complaints.

Accordingly, Mr. Bui Van Lam, Deputy Director of the Department of Planning and Investment of Lam Dong province, apologized to the business for the delay in advising the Provincial People’s Committee on the transfer of the Cam Ly Hydropower project. Mr. Lam hopes that the business will sympathize and share because “the above delay has objective and subjective causes”.

Businesses face difficulties with the “inconsistent proposals” of the Department of Planning and Investment

Regarding the transfer of the above project, on April 17, the Department of Planning and Investment of Lam Dong province reported on the appraisal results requesting to adjust the investor and transfer the project to the People’s Committee of Lam Dong province.

According to the document content of the Department of Planning and Investment submitted to the Provincial People’s Committee: “Do not consider transferring the project, adjusting to change the investor from Viet Hung Company to Cam Ly Company to implement the Housing project.” Cam Ly Hydroelectric Plant as proposed by Viet Hung Company”.

The reason given by this unit is that the enterprise “does not meet the transfer conditions according to the Investment Law 2020 and the investment policy decision dated August 28, 2019 of the People’s Committee of Lam Dong province”.

Responding to a reporter from the Industry and Trade Newspaper, Mr. Hoang Viet Lam, Deputy Director of the Department of Planning and Investment of Lam Dong province, said that hydropower construction investment projects in general and investment projects that use land, have a title. Proposing the state to allocate land for land lease without auction, bidding, etc. according to the provisions of Article 32 of the Investment Law 2020. Therefore, the investment project when transferring the project must meet the conditions prescribed by the Law on Investment. Land Law 2013.

Cam Ly Hydropower Project is a land lease project in the form of land lease with annual payments, according to the 2013 Land Law; Investors implementing projects in the form of land lease with annual payments are not allowed to transfer land use rights, investors can only transfer invested assets.

According to Mr. Hoang Viet Lam, after appraisal, Viet Hung Company has not completed land procedures, has not invested in construction items, and has no assets on land. Based on the above basis, the enterprise does not meet the project transfer conditions as prescribed.

In addition, the investor implemented some incorrect contents, such as: Authorization twice did not comply with Civil Law regulations and the scope of authorization, the transfer contract signed on December 20, 2023 was not approved by the Board of Directors or the General Meeting of Shareholders, not in accordance with Article 42 of the Company’s charter and the Enterprise Law,…

Also related to this issue, previously, on December 7, 2023, the Department of Planning and Investment of Lam Dong province reported again requesting the Provincial People’s Committee to “approve the policy” for Viet Hung Company to transfer the project, change the investor to Cam Ly Company according to the provisions of Article 46 of the Investment Law 2020.

With this proposal, the Department of Planning and Investment of Lam Dong province has not checked the project transfer conditions and the enterprise has not yet submitted a written request for project transfer. By December 15, 2023, Lam Dong Provincial People’s Committee requested this department to organize inspection and appraisal of project documents and then propose to the Provincial People’s Committee for decision.

On the business side, Mr. Pham Dung, Director of Cam Ly Company, said that the Department of Planning and Investment is making it difficult to transfer the project because there are no regulations determining whether the financial value must be invested. How much property can be achieved on the land before the project can be transferred.

According to Mr. Dung, the Department of Planning and Investment of Lam Dong province has issued two “inconsistent” documents on the proposed content of transferring the Cam Ly hydroelectric project, causing confusion and many difficulties and obstacles for businesses.

As a local investment enterprise, Mr. Dung hopes that Lam Dong Provincial People’s Committee will consider the problem, create conditions and support businesses to overcome problems. Especially the transfer of this project helps speed up the progress of the project and putting it into operation soon.