Reviewing new regulations on management of construction investment in industrial parks and industrial clusters

On the afternoon of October 14, Deputy Secretary of the Provincial Party Committee and Chairman of the People's Committee of Hai Duong province, Le Ngoc Chau, chaired the October meeting (3rd time) to review a number of contents reported by departments, branches and units.

Speaking at the discussion on regulations on management of investment in construction projects in industrial parks and industrial clusters, comrade Luu Van Ban, member of the Provincial Party Standing Committee, Permanent Vice Chairman of the Provincial People's Committee, proposed to supplement and clarify: When infrastructure investors are allocated land, land use fees are calculated, and land use certificates are issued according to progress, they must promptly implement investment according to the granted construction permit.

During this phase, infrastructure investors are allowed to attract secondary investors and secondary investors are allowed to construct projects according to the license.

Vice Chairman of the Provincial People's Committee Tran Van Quan suggested that the new replacement regulation should inherit the spirit of Notice 876, which is the province's accompaniment to remove difficulties for enterprises that are infrastructure investors and secondary investors in implementing projects in industrial parks; to improve the province's investment and business environment.

Regarding this content, Chairman of the Provincial People's Committee Le Ngoc Chau affirmed the significance of Notice 876-TB/TU dated December 21, 2022 of the Provincial Party Standing Committee in promptly removing difficulties for enterprises investing in industrial parks, contributing to improving the province's investment and business environment, increasing opportunities to attract investment.

However, up to now, the difficulties of infrastructure investors and secondary investors in construction investment in industrial parks have been resolved thanks to new regulations in the Law on Real Estate Business 2023, Decree 96/2024/ND-CP dated July 24, 2024 of the Government detailing a number of articles of the Law on Real Estate Business effective from August 1, 2024.

Therefore, the Provincial People's Committee agreed to propose the Standing Committee of the Provincial Party Committee to suspend Notice No. 876-TB/TU dated December 21, 2022 to comply with current legal regulations. The Department of Construction was assigned to receive comments from departments and branches, and advise on how to make regulations easy to understand, easy to apply, transparent, and favorable for businesses, but must comply with current legal regulations.

Previously, the Hai Duong Industrial Park Management Board reported that the time for infrastructure investors to complete the entire technical infrastructure system of the industrial park and have it inspected and accepted according to regulations is often quite long. This makes it difficult for secondary investors, leading to a decrease in competition in attracting investment. Therefore, the Industrial Park Management Board proposed that the Provincial Party Committee and the Provincial People's Committee consider and resolve this issue.

Afterwards, the Standing Committee of Hai Duong Provincial Party Committee issued Notice No. 876-TB/TU dated December 21, 2022 on solutions to solve difficulties and problems in attracting investment in industrial parks in the province.

With the new regulations under the Law on Real Estate Business 2023, from August 1, 2024, the confirmation of eligibility for real estate transfer is under the authority of the provincial-level state management agency for real estate business and is only applicable to the sale, lease-purchase of future housing and the transfer of land use rights with technical infrastructure to individuals who build their own houses.

The law on real estate business does not stipulate that before transferring, leasing, or subleasing land use rights with technical infrastructure in a real estate project to an organization, the investor of an industrial park or industrial cluster infrastructure project must submit a dossier to the provincial-level state management agency on real estate business requesting confirmation of eligibility for transfer.

In addition, before signing a contract to transfer or lease real estate, the investor of an industrial park or industrial cluster infrastructure project must publicly disclose information on land use rights with technical infrastructure in the real estate project put into business, including publicizing documents on the completion of investment in the construction of technical infrastructure works according to detailed planning and project progress approved by competent state agencies.

In case a part of the construction work has been completed and meets the acceptance conditions, the investor is allowed to decide to organize the acceptance of this part of the construction work for temporary operation. The investor is responsible for continuing to organize the construction and acceptance of the remaining parts of the work and construction items according to the design. The continued construction process must ensure safety and not affect the normal operation and exploitation of the accepted part of the construction work.

For works that are required to be inspected by a competent state agency for acceptance, the investor is responsible for requesting a competent state agency to organize an inspection of the acceptance of the completed construction works mentioned above in accordance with the law on construction before deciding to put them into temporary operation.

Infrastructure projects in industrial parks and industrial clusters must publicly disclose information on land use rights with technical infrastructure in real estate projects put into business; ensure the provision of electricity, water, drainage, waste collection, and wastewater treatment services; ensure connection to the common infrastructure system of the area...

Investors of industrial park and industrial cluster infrastructure projects are allowed to decide on the organization of acceptance of completion to put the project into operation or acceptance of construction works put into temporary operation to attract secondary investors...