Why did Luong Tai district cancel the approval to adjust the planning project of Lam Binh Industrial Cluster?

(Construction) – Luong Tai District People’s Committee has just issued Decision No. 402/QD-UBND on revoking and canceling the approval of the detailed planning adjustment project of Lam Binh Industrial Cluster. However, Luong Tai district did not specify the reason for canceling the above decision.

Planning projects that do not comply with Vietnamese standards and regulations?

According to Decision No. 402/QD-UBND dated April 9 on canceling and revoking Decision No. 1328/QD-UBND dated November 10, 2023 of Luong Tai District People’s Committee on approving adjustments to the Industrial Cluster Planning Project Industrial Park (CCN) Lam Binh, signed by Vice Chairman of Luong Tai District People’s Committee Hoang Van Truong stating: “Revocation and cancellation of Decision 1328/QD-UBND dated November 10, 2023 of the District People’s Committee on approving the Project Adjust the detailed planning of Lam Binh Industrial Park. The Department of Economics and Infrastructure guides the Port Investment and Operation Joint Stock Company to coordinate with Lam Thao Commune People’s Committee, Binh Dinh Commune People’s Committee and relevant agencies and units to implement the Lam Binh Industrial Park project in accordance with regulations. ”.

According to the People’s Committee of Luong Tai district, this decision is based on the Construction Law, the Government’s Decrees and the Decision of the People’s Committee of Bac Ninh province on the establishment of Lam Binh Industrial Park… However, the reason for the cancellation is the decision. not stated clearly.

This also shows an omission, but the nature of the reason for cancellation as reported by the Construction Electronic Newspaper is understood, based on Decree No. 68/2017/ND-CP of the Government on management and development of industrial clusters. Industrial clusters can only build traditional industries… agricultural, forestry and fishery processing industries. There are no regulations on service land located in industrial parks.

Second, the process of preparing and issuing Decision No. 1328/QD-UBND dated November 10, 2023 of the District People’s Committee on approving the previous detailed planning adjustment project of Lam Binh Industrial Cluster, did not comply with the regulations. Vietnamese construction codes and standards (bringing housing right into industrial parks).

Third is the issue of the capacity of both the planning unit and the capacity of the investor as previously discovered by the Department of Natural Resources and Environment of Luong Tai district.

Specifically, according to Document No. 9/CV-TNMT, dated January 18, 2024 of the Department of Natural Resources and Environment of Luong Tai district: “Up to now, there is no consensus on the name of the investor implementing the project.” . At the same time, Port Investment and Exploitation Joint Stock Company has not provided documents from the competent authority permitting IMP Lam Binh One Member LLC according to the provisions of the Investment Law 2020.

To implement the project according to regulations, the Department of Natural Resources and Environment of Luong Tai district also requested that Port Investment and Exploitation Joint Stock Company contact the Department of Planning and Investment of Bac Ninh province for instructions on how to proceed. Adjust and change the investor’s name according to regulations, and contact the Department of Economics and Infrastructure for instructions on adjusting the investor’s name.

Lam Binh Industrial Park planning project needs to be re-established

Also through the process of learning, we learned that Document No. 346/SCT-QLCN, dated April 1, of the Department of Industry and Trade of Bac Ninh responded to the petition of the Port Investment and Exploitation Joint Stock Company. The content of the document says: “Lam Binh Industrial Park, Luong Tai district was issued by the People’s Committee of Bac Ninh province with Establishment Decision No. 115/QD-UBND dated April 2, 2021 and adjusted and supplemented in Decision No. 129/ Decision-Committee dated April 12, 2023. Accordingly, the technical infrastructure investor of Lam Binh Industrial Park is Port Investment and Exploitation Joint Stock Company. Decree No. 68/2017/ND-CP dated May 25, 2017 of the Government on management and development of industrial clusters does not have regulations on allowing subsidiaries of investors of industrial complex technical infrastructure to fully implement Full rights, obligations and responsibilities of industrial cluster technical infrastructure investors.

From the above mentioned bases, it can be seen that Port Investment Investment Joint Stock Company is the unit chosen by Bac Ninh province as an investor but assigned to a subsidiary to do the project. So does the Port Investment and Operation Joint Stock Company have enough capacity to carry out the project according to the original regulations? The Department of Planning and Investment also needs to consider this carefully before granting a business registration certificate.

On the other hand, while the project is behind schedule, the functional branches of Bac Ninh province have not considered it but continue to extend the project, leading to the current inconsistency in investors. This is an issue that the functional branches of Bac Ninh province also need to learn from experience to select truly capable investors.

Lam Binh Industrial Complex project has been extended for completion in the fourth quarter of 2024 but is still a vast field.

As the Construction Electronic Newspaper reported, on April 2, 2021, the People’s Committee of Bac Ninh province issued Decision No. 115/QD-UBND on the establishment of Lam Binh Industrial Park, Luong Tai district. The project has a total estimated investment cost of nearly 600 billion VND, invested by Port Exploitation Investment Joint Stock Company with the project implementation period from 2021 to 2022. The project has been extended to take place. It will be put into use in the fourth quarter of 2024, however, construction has not yet begun.

Regarding the grounds for approving the detailed planning project to adjust Lam Binh Industrial Complex, in early April 2024, at a meeting with reporters from the Construction Electronic Newspaper, Mr. Doan Dac Luan, Deputy Head of the Department of Infrastructure Economics Luong Tai district said: “After being assigned to implement the project, the investor has the right to choose the consulting unit, in which the consulting unit is Nam Duong Company which has enough capacity certificate, the district do not intervene in this matter, but only participate in appraisal.”

To understand the information about the results of the Planning Project Appraisal Council meeting, Construction Electronic Newspaper asked the representative of the Infrastructure Economics Department to provide meeting minutes, however, after many times asking for opinions from the leaders. District, for unknown reasons, this person is still unable to provide documents related to the results of appraisal of Lam Binh industrial complex planning project.

Thus, after Decision No. 402/QD-UBND on revoking and canceling the decision to approve the detailed planning adjustment project of Lam Binh Industrial Complex, the 1/500 planning project of this industrial complex will have to be re-established. and must be appraised and approved in accordance with the legal procedures before implementing the project.