Do Not Legitimize Misconduct
For many projects, if based on legal regulations, there is a lack of mechanism to resolve issues. However, if we ignore them, it will lead to immense waste. What are your thoughts on the Central Committee’s recent directive regarding this matter?
Firstly, we must acknowledge that this is an extremely challenging and complex issue. These projects have undergone inspections and audits, and some even have court rulings associated with them, involving officials at various levels. The violations regarding land and those mentioned in the conclusions may be related to historical factors or changes in policies and laws. Many of the aforementioned violations cannot be addressed or rectified without specific mechanisms and policies.
For instance, the media recently reported on several large-scale projects worth thousands of billions that have been left idle for years, resulting in a massive waste of resources. Similarly, a project in Central Vietnam has fallen into disrepair due to its involvement in the major case of Pham Cong Danh. Notably, despite the local authorities’ willingness to pay over VND 1,200 billion to reclaim the project, the bank disagreed. Consequently, the project remains stagnant, exposed to the elements, and unable to proceed.
In this case, we cannot blame the bank, as the law does not permit it, and there are too many legal conflicts. No one dares to take on such a task, as it could lead to further violations. Therefore, it is imperative to have a specific resolution regarding this matter, providing a basis for implementation. Without it, no one will take on these projects, and they will continue to languish in disrepair and wastefulness.
The government plans to develop and submit to the National Assembly a resolution on mechanisms and special policies to address the issues of projects and land mentioned in inspection and audit conclusions and court rulings. Do you have any legal considerations for implementing this task without justifying misconduct?
I fully agree with this direction. Since these projects have inspection and audit conclusions and court rulings, they are hesitant to take action and unsure of how or where to start. Projects involving official misconduct are even more complicated.
For many projects that have been left idle for a long time, the waste of resources is significant. Therefore, I strongly support the National Assembly’s issuance of a resolution. This will serve as an essential legal basis to untangle the issues surrounding these projects and land matters. However, the question now is how to proceed and what measures to take. We need to carefully discuss the legal aspects and ensure a thorough and accurate discussion among the National Assembly delegates. We must find a way to resolve the difficulties and obstacles without legitimizing misconduct for these projects.
Specific Proposals Needed
Do you hope that this content will be presented to the National Assembly at the upcoming 8th session?
Yes, I do. The sooner it is presented to the National Assembly, the better. However, the timeline depends on the government. Due to the complex nature of this matter, rushing the process may result in a lack of quality, specificity, and accuracy, hindering its implementation. It could even be rejected by the National Assembly, wasting more time and effort, while the projects remain unresolved.
Therefore, my view is that I agree with the necessity and urgency of having a National Assembly resolution. If it can be presented at the 8th session in October, that would be ideal, but only if it is thoroughly prepared to ensure a smoother implementation process.
It is essential to emphasize that whether the resources are from the state or the private sector, they are still social resources. If there is no mechanism to untangle the issues, and projects remain idle for years, it will lead to a tremendous waste of resources for the state and society. Therefore, the implementation of special mechanisms and policies to address these types of projects is an urgent matter.
Firstly, the government’s draft must clearly state the number of urgent projects in this category, their names, current status, violations, and legal obstacles they are facing. At the same time, the government needs to propose specific handling solutions for each project and provide a roadmap for implementation. Based on these proposals and recommendations, the National Assembly will provide its opinions and make decisions.
If the National Assembly agrees with a project or solution, it can be implemented accordingly. If the National Assembly disagrees with a project, it is considered unsalvageable and will be allowed to fail. By doing so, the obstacles will be removed, and the projects can continue, minimizing losses and waste. To achieve this, the National Assembly’s resolution must be clear, accurate, and objective, addressing current issues and practical requirements.
In this way, we will unlock a significant amount of social resources, even if we cannot resolve all the issues. It will also create a core foundation for resolving other problematic projects.
Thank you for your insights!
At a working session on August 9 with leaders of several ministries, sectors, and localities regarding the plan to implement the Central Committee’s directive on resolving difficulties and obstacles related to projects and land in inspection and audit conclusions and court rulings, chaired by Deputy Prime Minister Tran Hong Ha, Mr. Ha requested that by August 15, the Ministry of Natural Resources and Environment, the Ministry of Planning and Investment, the Ministry of Construction, the Ministry of Finance, the State Bank of Vietnam, and the Ministry of Justice complete the review of difficulties and obstacles in their respective areas of management regarding land, planning, bidding, auction, and the application of case law in resolving projects and land issues mentioned in inspection and audit conclusions and court rulings. Based on this review, they are to propose and report to the task force and the Prime Minister the necessary amendments and supplements to policies and laws under their specialized management. The Ministry of Justice has been assigned to coordinate with other ministries to draft and submit to the National Assembly a resolution on mechanisms and special policies.