Directive No. 11/CT-TTg intensification of the management, inspection and supervision of the implementation of the golf course master plan

THE MINISTER

Directive No. 11/CT-TTg of April 18, 2012, on intensification of the management, inspection and supervision of the implementation of the golf course master plan under the Prime Minister’s Decision No. 1946/QD-TTg of November 26, 2009

On November 26, 2009, the Prime Minister issued Decision No. 1946/QD-TTg, approving the Vietnamese golf course master plan through 2020. Ministries, sectors and localities have coordinated and basically well performed the management and supervision of the construction of golf courses in accordance with the master plan, prohibiting the use of rice land, fertile land, protection forest and special-use forest land and industrial-park land for construction of golf courses. After more than two years’ implementation of the master plan, 29 golf courses among 90 ones under the approved master plan have been put to use and operation, contributing to local economic restructuring 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 limitations; some localities have not fully complied with the Prime Minister’s Decision No. 1946/QD-TTg; investment at variance with the master plan and at a snail’s pace has caused public concerns, particularly among people in areas where golf courses are located.

The inspection and supervision by ministries, sectors and localities have not been conducted regularly, comprehensively and strictly, thus failing to detect and handle in time problems arising in localities and failing to gain consensus of population communities on the construction of golf courses. Job creation for inhabitants in localities where land has been recovered for golf course construction has not yet yielded satisfactory results. Ministries and functional sectors have been late in issuing and guiding regulations on golf course construction, causing difficulties to localities in the management, inspection and supervision of the implementation of the master plan.

In order to address the above limitations and ensure that the 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 thoroughly study and perform the following tasks:

1. The construction of golf courses must strictly comply with the provisions of the Prime Minister’s Decision No. 1946/QD-TTg of November 26, 2009; measures must be further applied to manage, inspect and supervise the implementation of the golf course master plan; the role and responsibility of central and local state management bodies must be heightened to ensure that the examination, appraisal and licensing of golf course projects 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 will be handled as follows:

a/ For golf courses already included in the master plan but not yet constructed or moved to other locations, provincial-level People’s Committees shall report them to the Ministry of Planning and Investment for reporting to the Prime Minister for exclusion from the master plan or removal to other locations;

b/ For golf course projects which were granted investment certificates before the promulgation of Decision No. 1946/QD-TTg, if they fully meet the conditions and strictly comply with the provisions of this Directive, provincial-level People’s Committees shall compile dossiers proposing their inclusion 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 shall carefully take into account their necessity, investment effectiveness as well as the formation criteria and conditions prescribed in Decision No. 1946/QD-TTg and the requirements in this Directive before compiling dossiers proposing the inclusion of these projects into the master plan and send them to the Ministry of Planning and Investment for summarization and report to the Prime Minister for consideration and decision.

3. Provincial-level People’s Committees shall:

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

b/ Practice democracy and transparency in the implementation of the master plan; publicly announce and clearly affirm that rice land (including land under single rice crop a year with low productivity), subsidiary crop land, protection forest and special-use forest 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 used 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 sandy land left uncultivated, bare hill land, unreclaimed land; golf course land areas must be included in land use master plans approved by competent authorities; master plans and plans on the use of land for golf course construction shall 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/ Guide investors to proceed with the execution of golf course projects in accordance with the committed objectives, contents and schedules and with the investment certificates, the land, environment and labor and relevant laws in the course of investment, construction and operation of golf courses;

d/ Resolutely withdraw the investment certificates or investment decisions if golf course project investors breach the registered schedule and their projects are implemented behind schedule or prove ineffective; handle their violations of the Law on Environmental Protection;

e/ Based on the objectives of socio-economic development of regions, major  cities and important historical relics, coordinate with the Ministry of Planning and Investment and related ministries and sectors in considering the demand for public-service development, criteria for construction of golf courses and local socio-economic development conditions in studying and planning 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, sectors and localities in:

- Further monitoring, directing and guiding localities in the strict observance of the golf course construction investment master plan under Decision No. 1946/QD-TTg of November 26, 2009, and the contents of this Directive;

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

- Reviewing and carefully taking into account, together with localities, the necessity, demand for, and number of golf courses through 2020, for proposing and reporting to the Prime Minister adjustments and supplements to the master plan, ensuring its 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 projects; direct and guide localities to manage and rationally 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 sectors shall, based on their respective functions and assigned tasks, intensify inspection and supervision and direct and guide localities to strictly comply with the golf course master plan through 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 thorough study 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, and Science and Technology, and the Government Office in, organizing periodical inspections and urging the implementation of this Directive, and reporting thereon to the Prime Minister.-

Prime Minister
NGUYEN TAN DUNG