Hai Duong considers new regulations that will have a major impact on riverside projects

Conditions, criteria, scale, and ratio for separating land areas managed by State agencies and organizations into independent projects in Hai Duong province are among the notable contents discussed and considered at the meeting on the afternoon of October 14.

Commenting on this content, Comrade Luu Van Ban, Permanent Vice Chairman of the Provincial People's Committee, said that for public land located outside the dike, attached to the wharf, which is in the planning and allowed to exist, it should not be separated into independent projects. Even though 100% is public land, these projects are not subject to auction because half of the time in a year they have to stop operating. For projects located in convenient traffic locations, on the road, they should be put up for auction but it is necessary to study and come up with a specific criteria framework such as how many meters wide the road is, located on the main traffic axis of the district, which must be different from the main road of the commune...

Relevant departments such as Planning and Investment, Natural Resources and Environment, Construction... need to carefully consult and calculate to localize projects that must be auctioned to avoid loss of state budget.

Vice Chairman Tran Van Quan also suggested that priority should be given to existing projects with complete documents and good compliance with policies and regulations, especially regarding taxes...

Regarding this content, Chairman of the Provincial People's Committee Le Ngoc Chau requested localities to review the current status of projects within the scope of this regulation to decide when promulgating, to completely resolve long-standing problems.

The Department of Planning and Investment needs to review the comments of the delegates to draft regulations that are closer to reality. For those ports that are qualified to operate, the procedures must be quickly completed so that they can operate smoothly. For projects that are not qualified, they must resolutely stop operations.

According to the proposal of the Department of Planning and Investment, the conditions for separating the land area managed by State agencies and organizations into independent projects include: Compliance with land use planning, annual land use plans of the district level that have been approved and other relevant plans.

Does not affect agricultural production and the lives of people in adjacent areas; has no disputes, complaints, violations or has disputes, complaints, violations but has been resolved in writing according to the provisions of law.

Regarding the criteria for separation: Must be one or more adjacent plots of land, not interspersed, not divided by plots of land that are not managed by State agencies or organizations. Have at least one side adjacent to an existing road or a planned road or a road safety corridor, with the length of the side adjacent to the existing road, the planned road and the road traffic safety corridor being at least 15 m for urban areas, 20 m for non-urban areas.

The land area managed by State agencies and organizations must have detailed planning and general site planning; its shape and size must ensure technical standards and regulations according to the provisions of construction law and other relevant specialized laws, and must be suitable for the purpose of using each type of land and construction in each specific case.

Regarding the scale and ratio to separate the land area managed by State agencies and organizations into independent projects, it is stipulated as follows:

For commercial and service investment projects in wards of cities, towns and townships of districts, urban planning areas, in which the land area managed by State agencies and organizations accounts for 40% or more of the land area for implementing new investment projects (or the land area requested for expansion for expansion investment projects) and has a minimum area of ​​1,000 m2.

For investment service and trade projects in areas not specified in Point a of this Clause, in which the land area managed by State agencies and organizations accounts for 45% or more of the land area for implementing the new investment project (or the land area requested for expansion for the expansion investment project) and has a minimum area of ​​2,000 m2.

For projects using land on riverbanks, in which the land area managed by State agencies and organizations accounts for 90% or more of the land area for implementing new investment projects (or the land area requested for expansion for expansion investment projects) and has a minimum area of ​​1,000 m2.

For projects not subject to the above provisions, in which the land area managed by State agencies and organizations accounts for 60% or more of the land area for implementing new investment projects (or the land area requested for expansion for expansion investment projects) and has a minimum area of ​​3,000 m2.

This regulation aims to specify Clause 3, Article 59 of Decree No. 102/2024/ND-CP dated July 30, 2024 of the Government detailing the implementation of a number of articles of the 2024 Land Law.

In fact, according to the law, investors are only allowed to exploit and use land from November of the previous year to June of the following year (because during the flood season, they must move raw materials, temporary constructions, etc. out of the leased land area to restore the riverbank area for flood drainage according to regulations). Investors are only allowed to level the land, not allowed to build works on the land to serve production and business (in case of construction, it must be approved by the Prime Minister).

In addition, these lands are often not conveniently located, and the traffic routes to the land are mainly temporary (traffic connections are difficult, so investors often have to make agreements with competent authorities to use dike corridors, dike ramps, river corridors, etc.).

Due to limited land use rights and disadvantages in traffic connections, the attraction of investment in production and business projects in the riverside area is not large.

The decision issued in September 2022 by the Provincial People's Committee is not very feasible. Due to regulations, a number of investment projects are in a "suspended" state, affecting budget revenue due to the delay in putting land into exploitation and use; negatively affecting the province's investment environment...

Therefore, if this new regulation is passed, it will remove difficulties and obstacles for enterprises operating in production and business in the province, especially investment projects on riverbanks and within the boundary of the project land area with a part of public land area.