Phúc Sơn Industrial Park Project Fails to Fulfill Financial Obligations, Allowing Secondary Investors to Lease Land

The Government Inspectorate has highlighted that Phuc Son Industrial Park's investor has not fulfilled its financial obligations and has not issued land-use certificates, yet it has allowed sub-investors to lease the land...

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The Government Inspectorate (GI) recently issued a Conclusion on inspecting the implementation of laws on inspection, citizen reception, complaint settlement, denunciation, anti-corruption; land management, licensing of land and stone mine exploitation for construction materials, planning and implementation of construction planning in Ninh Binh province.

In the inspection, the GI pointed out several violations at Phuc Son Industrial Park (IP) by Phuc Loc Investment Development Joint Stock Company – the investor.

Specifically, the Provincial People’s Committee of Ninh Binh approved the investment policy and the Management Board of Industrial Parks issued investment registration certificates for 4 commercial and service projects which are not suitable for the detailed planning of Phuc Son IP (industrial land). This has not complied with Article 51, Clause 1 of Construction Law 2014, Clause 3 of Investment Law 2014.

In addition, the Provincial People’s Committee leased land for 3 out of 4 aforementioned commercial and service projects that are not in line with the land use plan, violating Land Law 2013.

Furthermore, the infrastructure project of the industrial park has not fulfilled financial obligations, has not issued land use right certificates but has allowed sub-investors to lease land, violating Article 168, Clause 1 of Land Law 2013.

Additionally, the Management Board of Industrial Parks issued investment registration certificates for 6 projects in the industrial park without ensuring the required documents according to Article 33, Clause 1 of Investment Law 2014 and Article 33, Clause 1 of Investment Law 2020.

Phuc Son IP project is invested by Phuc Loc Investment Development Joint Stock Company. Photo: Phuc Loc group

Based on the inspection results, the Government Inspectorate recommends that the Prime Minister instruct the Chairman of the Provincial People’s Committee of Ninh Binh to handle the violations that have persisted for many years.

Regarding Phuc Son IP, the Chairman of the Provincial People’s Committee of Ninh Binh needs to handle in accordance with the jurisdiction, ensure the proper land use function of the industrial park and review and collect the correct rental fees; require Phuc Loc Company to pay the full rental fees and prevent budget losses.

According to the introduction on the website of the Department of Industry and Trade of Ninh Binh province, Phuc Son IP is located in Ninh Phuc commune and Ninh Son ward, Ninh Binh city, Ninh Binh province with an area of ​​142 hectares and a total investment of VND 859.74 billion.

This is one of 5 prioritized new IPs according to Document No. 1818/TTg-KTN dated October 29, 2008 of the Prime Minister on adjusting and supplementing IPs in Ninh Binh province to the development plan of IPs in Vietnam.

On December 14, 2016, the Provincial People’s Committee of Ninh Binh issued Decision No. 1708/QD-UBND approving the 1/500 detailed adjustment plan of Phuc Son IP. On July 14, 2017, the Provincial People’s Committee continued to issue Decision No. 927/QD-UBND approving the partial adjustment of the detailed planning of Phuc Son IP.

By February 19, 2019, the Provincial People’s Committee issued Decision No. 266/QD-UBND approving the partial adjustment of the 1/500 detailed construction planning of Phuc Son IP.

Phuc Son IP attracts industries such as electricity, refrigeration, electronics, mechanics; mechanical engineering industry; car and motorcycle assembly; high-quality construction materials manufacturing; consumer goods production industry, pharmaceuticals; packaging industry, light industry and textile, leather, and footwear production.

The investor is Phuc Loc Investment Development Joint Stock Company (Phuc Loc IP Company) with its address at C2 plot, Khanh Phu Industrial Park, Ninh Phuc commune, Ninh Binh city, Ninh Binh province.

This company was established in March 2014, with business lines including real estate business, land use rights of owners, users or lessees.

At the time of establishment, Mr. Luong Minh Tuong (born in 1973) held the position of Chairman of the Board of Directors cum legal representative. Since July 2015, Mr. Nguyen Trung Dung (born in 1977) has been the General Director and currently holds the position of Chairman of the Board of Directors cum legal representative.

Mr. Luong Minh Tuong, Mr. Nguyen Trung Dung and Phuc Loc Group Joint Stock Company are the three founding shareholders of Phuc Loc IP Company with a charter capital of VND 100 billion. Specifically, Mr. Tuong contributed VND 23 billion, Phuc Loc Group Joint Stock Company contributed VND 75 billion, and Mr. Dung contributed VND 2 billion.

After 4 adjustments, from July 2021 to now, Phuc Loc IP Company has a charter capital of VND 375 billion, and the shareholder structure is not disclosed.

In addition to being the Chairman of Phuc Loc IP Company, Mr. Nguyen Trung Dung is currently also the representative of Phuc Loc Real Estate Joint Stock Company; Representative office of VIP Hanoi International Investment Joint Stock Company in Nghe An and Representative office of DTD Hanoi Infrastructure Investment Joint Stock Company.

In early October 2023, Phuc Loc IP Company was named by Ninh Binh Tax Department for tax arrears of over VND 76 billion.