On July 27, 2023, the Hanoi People’s Committee issued Official Letter No. 2326/UBND-TNMT ("Official Letter 2326") regarding the implementation of Resolution No. 04/NQ-HĐND on accelerating the progress of investment and focusing on handling non-budget projects that have slow land utilization within the Hanoi city area.
Some noteworthy points in Official Letter 2326 are as follows:
1. Completion of violation identification, project classification, and proposing handling solutions by no later than November 2023
Recently, the Hanoi People's Committee conducted a review of 712 non-budget projects utilizing land that have faced slow implementation within the city area, to ensure adequate land utilization. Currently, 419 projects have been processed, leaving 293 projects. The city's People's Committee has determined that these remaining projects will be the focus of processing throughout November 2023, including:
(i) 50 projects that the State has not yet allocated land or land lease;
(ii) 150 projects that have been allocated land, land lease, or land use purpose change by the State;
(iii) 93 projects newly proposed by district and town People's Committees: Continued inspection, examination, conclusion, and recommendation for handling.
Based on the classification and handling proposals, the Department of Natural Resources and Environment will issue decisions to recover land, revoke land allocation or lease decisions, terminate operations, and cease project implementation.
The deadline for completing these tasks is no later than November 2023.
Priority areas include districts and towns with a significant number of slow-implemented projects: Long Bien, Bac Tu Liem, Ha Dong, Thanh Tri, and Hoai Duc.
2. Tightening the establishment and adjustment of project planning
a) Resolving and completely handling existing slow-implemented projects due to objective reasons that require planning adjustments or investment project adjustments to align with the General Plan, and adjusted zoning plan.
b) Urgently completing zoning plans for satellite urban areas, providing a basis for Investors to research project adjustments according to regulations;
c) Failure or refusal to adjust, or non-compliance with projects according to planning will be considered as a condition for project revocation and discontinuation of implementation for other projects.
d) Preventing cases where Investors take advantage of proposing planning adjustments or investment approach adjustments to legitimize extending the implementation timeline of slow-implemented projects, prolonging the project's execution period; projects that have already been approved according to planning, then proposing planning adjustments or re-adjustments of investment projects.
3. Strengthening inspection and supervision of land-utilizing investment projects
a) Monitoring, urging the execution of inspection and examination tasks, and concluding each project;
b) Continuing to review the implementation of projects allocated land, land lease, or land use purpose change by the State but have not put the land into use within 12 months from the date of land handover on the field, must put the land into use; projects that show signs of violating land laws; etc and projects that have exceeded the 24-month land use extension period, to continue processing and propose handling measures as prescribed by law;
c) Focusing on inspection, urging, and recovering overdue taxes for each investment project;
d) Regularly reviewing, inspecting, guiding, urging, and supervising the management of construction orders for projects;
e) Publicly disclosing transparent information about projects with slow progress, slow implementation, and violations of investment, planning, land, taxes, and construction laws.
Official Letter 2326 is effective from the date of issuance.
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