Urgently stop operations and complete clearance of unplanned wharves and yards

The Provincial Party Standing Committee has just announced the conclusion on the results of supervision of the Standing Committees of Nam Sach, Thanh Ha, and Ninh Giang District Party Committees on the leadership and direction of the implementation of the Provincial Party Standing Committee's policy on rectifying compliance with legal regulations on wharf management activities in the area.

Timely dissemination of Resolution No. 36 of the Provincial Party Committee

After listening to the Supervisory Delegation according to Decision No. 1456-QD/TU, dated October 30, 2024 of the Provincial Party Standing Committee reporting on the results of supervising the leadership and direction of the implementation of the Provincial Party Standing Committee's policy on rectifying the compliance with legal regulations on the management of wharves and yards in the province (Resolution No. 36-NQ/TU, dated December 29, 2023 of the Provincial Party Standing Committee on strengthening leadership and direction in the management of wharves and yards along rivers and inland canals), the Provincial Party Standing Committee unanimously concluded:

Regarding the dissemination, dissemination and implementation of Resolution No. 36-NQ/TU, the Standing Committees of Nam Sach, Thanh Ha and Ninh Giang District Party Committees have promptly directed the dissemination, dissemination, dissemination and development of implementation plans from the district to the grassroots level in many appropriate forms. They have directed the Party building committees, the Vietnam Fatherland Front and socio-political organizations to develop plans to implement Resolution No. 36-NQ/TU, guiding establishments with yards to actively disseminate, mobilize and supervise the implementation of legal regulations on yard operations; and to propagate and mobilize owners of yards that do not comply with the planning to proactively clear them according to regulations.

Through dissemination and propaganda work, awareness of Party committees and authorities in managing riverside and inland canal wharf activities has been raised, while awareness of cadres, organizations and individuals in complying with the law on wharf activities has been raised.

Regarding the results of the remediation, Nam Sach district has 27 yards, of which 26 are in accordance with the planning (7 have completed legal procedures, 4 have stopped by themselves due to lack of demand, 15 are completing procedures); 1 yard that is not in accordance with the planning has been dismantled.

Thanh Ha district has 37 wharves, of which 24 are in accordance with the planning (6 have completed legal procedures, 3 have voluntarily stopped operating due to no longer being needed, 15 are completing legal procedures), 13 wharves that are not in accordance with the planning have completely stopped operating (3 wharves have not been cleared yet).

Ninh Giang district has 35 yards, of which 23 are in accordance with the planning (2 have full legal procedures, 21 are completing legal procedures), 12 are not in accordance with the planning (have stopped operating, Ninh Giang district proposed to continue using 3 yards according to Article 48 of the Law on Irrigation, 4 yards must continue to clear materials).

There are some limitations

The Standing Committee of the Provincial Party Committee concluded that the propaganda and mobilization work to clear violations in some localities has not been effective as required, and has not completely cleared the volume of materials and sheds listed in the report of the Interdisciplinary Inspection Team No. 431 of the Provincial People's Committee as of October 2023.

Ninh Giang and Thanh Ha districts still have some yards that are not in accordance with the planning, and have not yet cleared materials and temporary houses. Completion and supplementation of legal procedures have not been carried out at all yards. There are still limitations in tax management, specifically: Land rent has not been collected for some yard owners who do not have contracts or whose land lease contracts have expired; the area has not been checked and determined accurately and the land rent has not been collected in full for yards that have increased the area compared to the records; the tax inspection and examination of organizations and individuals operating yards has not been conducted.

The urging, inspection and supervision of implementation in communes and towns are not regular, and some localities are still not resolute. All three districts have not assigned a focal unit to advise the district Party Committee, district People's Committee, coordinate with departments and branches to guide communes, wards and towns to review and classify each group of subjects and notify and guide the owners of the yards to complete the legal procedures.

These restrictions are due to the fact that the land law stipulates that yards with a large proportion of public land must separate the public land area into an independent project for auction. Hai Duong province has Regulation No. 10/2022/QD-UBND dated September 28, 2022, Regulation No. 49/2024/QD-UBND dated November 14, 2024, stipulating that a ratio of 95% or more must be separated into an independent project, while in reality, many yards have 100% public land area, leading to difficulties in completing procedures.

Some yards have existed for many years without legal procedures. In many cases, the commune level illegally leased public land to build yards, which is now not in accordance with the planning. However, the organizations and individuals managing the yards have invested on the land themselves (in some cases, they have houses). However, the authorities at all levels have loosened management, allowing violations to persist and become increasingly large in scale, so it is now very difficult to resolve and there are problems when completing legal procedures.

The leadership and direction of administrative sanctions and violation clearance are still slow because some localities are still not determined and have not closely followed the goals and requirements of the Provincial Party Committee Standing Committee according to Resolution No. 36-NQ/TU and Plan No. 266/KHUBND dated January 24, 2024 of the Provincial People's Committee. There is still a situation where some management and professional staff lack initiative, the quality of advice is not high; directly, the district's functional departments have not coordinated well, have not reviewed and fully researched legal regulations to synthesize, advise on reports and make timely recommendations. Many organizations and individuals who are managing the yards have not paid due attention to completing legal procedures according to regulations.

Determined not to let new violations arise

To continue to effectively implement Resolution No. 36-NQ/TU, the Provincial Party Standing Committee requests that in the coming time, Party committees, authorities, agencies, units and heads of localities and units in the province focus on implementing the following contents:

The Party Committee of the Provincial People's Committee directs to continue reviewing to ensure synchronization of land use planning, construction and guidance for organizations and individuals to complete legal procedures for qualified and planned yards. Assign the presiding agency to guide and remove difficulties, obstacles and problems in completing investment procedures, other legal procedures and granting operating licenses in accordance with the provisions of law. Directs to review and collect sufficient land rent, taxes and financial obligations in accordance with the actual area of ​​use and the provisions of law. Quarterly direct relevant agencies to summarize the situation and progress of implementing Resolution No. 36-NQ/TU, report the results to the Provincial Party Committee Standing Committee according to the working regulations.

The Standing Committees of the District Party Committees, City Party Committees, and Town Party Committees continue to lead the implementation of Resolution No. 36-NQ/TU, noting: Urgently terminate operations and complete the clearance of wharves and yards not included in the planning; from 2026, all wharves and yards with production and business activities must ensure full legal procedures according to law.

Strengthen management and improve land use efficiency for cleared yards. Lead and direct relevant agencies to coordinate with departments and branches to remove obstacles and complete legal procedures for yard operations. At the same time, direct communes, wards and towns with yards to thoroughly clear violations of planning, material gathering and sheds violating the dike corridor... before July 1, 2025. Direct the review, correct and full collection of land rent and taxes according to the provisions of law.

Strengthen inspection and supervision of wharf activities in the area; resolutely prevent new violations from arising; at the same time, review and handle the responsibilities of leaders of localities and units that do not seriously implement Resolution 36-NQ/TU.