Chỉ thị 11/CT-TTg

DIRECTIVE

STRENGTHENING THE MANAGEMENT, INSPECTION AND SUPERVISION OF THE GOLF COURSE PLANNING IMPLEMENTATION, UNDER THE DECISION NO. 1946/ QD-TTG, OF NOVEMBER 26, 2009, OF THE PRIME MINISTER

On November 26, 2009, the Prime Minister issued the Decision No. 1946/QD-TTg on approving the Vietnamese golf course master plan till 2020. Ministries, branches and localities have coordinated and basically well performed the management and supervision of the construction of golf courses complying with the master plan, not using rice land, cropland, protection forest and special-use forest land and industrial-park land for investment in construction of golf courses. After more than two years of implementation of the master plan, 29 golf courses among 90 ones in the approved master plan have been put into use and operation. The operating golf courses have contributed in target of restructuring local economy toward increasing services, attracting tourists, creating jobs and increasing state budget revenues, ensuring effective and sustainable development.

Besides the positive aspects, the implementation of the approved golf course master plan has revealed some weaknesses and restrictions; some localities have not fully implemented provisions in the Decision No. 1946/QD-TTg of the Prime Minister; investment problem that is not actually right as the master plan and delay progress has caused worries for public opinions, particularly among people in areas where golf courses are located.

The inspection and supervision by ministries, branches and localities have not been performed regularly, comprehensively and strictly, thus failing to detect and handle timely problems arising from actual situation in localities and failing to create consensus of population communities on the construction of golf courses master plan. Job creation for inhabitants in localities where land has been converted for golf course construction has not yet attained results as wishes. Ministries and functional branches have been late in issuance and guidance of regulations on golf course construction, making difficulties to localities in the management, inspection and supervision of the implementation of the master plan.

In order to remedy the mentioned above restrictions and ensure that the investment in construction of golf courses strictly comply with the approved master plan, the Prime Minister requests Ministers, Heads of Ministerial-level agencies, Heads of Government-attached agencies and Chairpersons of provincial-level People's Committees to grasp thoroughly and execute the following tasks:

1. The construction of golf courses must strictly comply with the provisions of the Decision No. 1946/QD-TTg of November 26, 2009 of the Prime Minister; measures of management, inspection and supervision of the implementation of the golf course master plan must be strengthened; the role and responsibility of central and local state management bodies in the examination, appraisal and licensing of golf course projects must be enhanced, ensured that strictly comply with the master plan and fully meet the criteria and conditions for formulation of golf course projects.

2. The review, adjustment and supplementation of the golf course master plan shall be handled as follows:

a/ For golf courses already included in the master plan but not yet carried out or moved to other locations, provincial-level People's Committees must have report sent to the Ministry of Planning and Investment for summarization and submission to the Prime Minister for taking out from the master plan or location movement;

b/ For golf course projects which were granted investment certificates before the promulgation of the Decision No. 1946/QD-TTg if they fully meet the conditions and comply with the provisions of this Directive, provincial-level People's Committees shall compile dossiers proposing their supplement in the master plan and send them to the Ministry of Planning and Investment for submission to the Prime Minister;

c/ For new projects, localities must carefully calculate relating to their necessity, investment effectiveness as well as provisions on the formation criteria and conditions in the Decision No. 1946/ QD-TTg and the requirements in this Directive before compiling dossiers proposing the supplement of these projects into the master plan and send them to the Ministry of Planning and Investment for summarization and submission to the Prime Minister for consideration and decision.

3. Provincial-level People's Committees shall:

a/ Strengthening the management, inspection and strict supervision of the investment in construction of golf courses in according to the approved master plan and take full responsibility before the Prime Minister for the investment in construction and operation of golf courses in their respective localities;

b/ Performing democracy and transparency in the course of the master plan implementation; Making publicly announce and clearly affirming that rice land (including rice land used for single rice crop a year with low productivity), cropland, protection forest and special-use forest land, land planned industrial park or urban center land are not used for the construction of golf courses; and concurrently that land areas already allocated for the construction of golf courses are not permitted to use for the construction of houses and villas for sale and transfer, or for other purposes; that golf courses are constructed mainly in areas with tourist development potential, in coastal uncultivated sandy land, treeless mountain hill land, uncultivated land; golf course land areas must be included in the land use master plans approved by competent authorities; master plans and plans on the use of land for golf course construction must be strictly supervised and inspected to ensure that land is used economically, efficiently and for proper purposes; and the construction of golf courses must strictly comply with the Law on Environmental Protection;

c/ Guiding investors to carry out the implementation of golf course projects in accordance with the committed objectives, contents and schedules and strictly obey provisions in the investment certificates, laws on land, environment and labor and the relevant laws in the course of investment in, construction and operation of golf courses master plan;

d/ Resolutely withdrawing the investment certificates or investment decisions if golf course project investors breach the registered schedule and their projects are carried out slowly or ineffectively; handling their environmental violations as prescribed in the Law on Environmental Protection;

e/ Based on the targets of socio-economic development of regions, major cities and key historical relics, provincial-level People's Committees coordinate with the Ministry of Planning and Investment and related ministries and branches in considering the demand for public-service development, criteria for construction of golf courses and local socio-­economic development conditions in order to study planning of public golf courses for the community interests.

4. The Ministry of Planning and Investment shall assume the prime responsibility for, and coordinate with related ministries, branches and localities in:

- Continuing to monitor, direct and guide localities in the strict observance of the golf course construction investment master plan under the Decision No. 1946/QD-TTg of November 26, 2009, and the content of this Directive;

- Timely detecting newly arising problems, implementing the state management function of supervision, inspection and examination of the implementation of the golf course master plan and golf course planning projects, and periodically reporting thereon to the Prime Minister;

- Together with localities, reviewing and carefully calculating for the necessity, demand for, and quantity of golf courses till 2020, for proposing and reporting to the Prime Minister for adjustments and supplements to the master plan, ensuring conformity with the national development in each period.

5. The Ministry of Natural Resources and Environment shall expeditiously formulate and promulgate criteria for assessment of environmental impacts of golf course plans; direct and guide localities to manage and rationally, economically use land for golf course construction and ensure environmental treatment according to regulations.

6. The Ministries of: Construction; Natural Resources and Environment; Science and Technology; Agriculture and Rural Development and related ministries and branches shall, based on their respective functions and assigned tasks, increase inspection, supervision, direction and guidance for localities to  comply with the golf course master plan till 2020.

7. Ministers, Heads of Ministerial-level agencies, Heads of Government-attached agencies, Chairpersons of provincial-level People's Committees shall, within the scope of their respective functions and assigned tasks, organize grasping thorough and strict implementation of this Directive.

8. The Ministry of Planning and Investment shall assume the prime responsibility for, and coordinate with the Ministries of: Natural Resources and Environment, Agriculture and Rural Development, Science and Technology, and the Government Office in organizing periodical inspections and urging the implementation of this Directive, and reporting to the Prime Minister.