Construction of a solar power plant on forest land
According to the Conclusion of the Government Inspectorate, in Binh Thuan province, there are 13 solar power and wind power projects invested and built on national mineral reserve land.
A solar power project in Binh Thuan province. Photo: Bui Phu
Among these are Hong Liem 3 Solar Power Plant built on land for mineral activities; Hoa Thang 1.2 wind power plant was built on 40.57 hectares of forest. At the time of inspection, the conversion of forest use to other purposes had not yet been completed.
According to the explanation of the People’s Committee of Binh Thuan province, the Hoa Thang 1.2 Wind Power Plant project has been approved by the Prime Minister to change the forest use purpose to implement the project and the Provincial People’s Committee has approved the alternative forest planting plan. position. Hoa Thang Energy Joint Stock Company has paid the Binh Thuan Province Forest Protection and Development Fund an amount of VND 10,359 billion according to the approved plan.
Also according to the conclusion, the fact that the Ministry of Natural Resources and Environment has documents instructing the People’s Committee of Binh Thuan province to build projects on the national mineral reserve area, the duration of mineral reserves… is unfounded.
Advising the Prime Minister on choosing the location to build the Dai Phong Wind Power Plant project, Hong Phong 1 Wind Power Plant, which recommends that the Prime Minister “Allow the People’s Committee of Binh Thuan province to propose adjusting the regulations.” related planning…” while there is no Decree on mineral management in reserve areas, which is not in accordance with regulations.
From the above advice, the Prime Minister has given the opinion to direct ministries and branches and the People’s Committee of Binh Thuan province to consider implementing projects on national mineral reserve land, Binh Thuan province. This responsibility belongs to the Ministry of Natural Resources and Environment.
The conclusion states that allowing factories to build on top land in the national mineral reserve area has no legal basis. Responsibility belongs to the Ministry of Industry and Trade, Ministry of Natural Resources and Environment, Ministry of Construction and People’s Committee of Binh Thuan province.
The fact that the People’s Committee of Binh Thuan province leased land to 7 businesses for 50 years for the purpose of building energy projects has no legal basis. Binh Thuan Provincial People’s Committee leased 14.75 hectares of land to Hong Phong 1 Wind Power Joint Stock Company, with a land use term of 5 years; Leasing 6.15 hectares of land to Thuan Binh Wind Power Joint Stock Company with a land use term of 5 years to invest in the construction of the project is not done in accordance with regulations.
The conclusion shows: “In case an investor transfers a project/project shares to a foreign investor, it will be difficult to manage and protect minerals, and complicated in compensation upon recovery. land for mineral exploitation…”
Acts of land appropriation
The conclusion also states that Solar Power Joint Stock Company has started construction of Phong Phu Solar Power Plant, power lines and roads expanded on an area of 56.32 hectares before being approved by the competent state agency. Renting land and handing over land on the ground (46.6 hectares of land were leased after the commencement date and 9.73 hectares of land had not been leased at the time of inspection) are acts of land appropriation and strictly prohibited acts. prescribed in Clause 1, Article 12 of the 2013 Land Law.
A solar power project in Binh Thuan province. Photo: CTV
According to the Inspection Conclusion, although the land has not been leased by the People’s Committee of Binh Thuan Province, Truong Loc Binh Thuan Solar Power Company Limited occupied 48.31 hectares of land for a period of 1 year and 7 months, Investment Joint Stock Company Dai Phong development occupied 15.49 hectares in a period of 2 years and 2 months, Hong Phong 1 Wind Power Joint Stock Company occupied 14.75 hectares of land in a period of 7 months, Hong Phong 1 Energy Joint Stock Company occupied 195.04 hectares of land in a period of 1 year and 2 months, Hong Phong 2 Energy Joint Stock Company occupied 119.72 hectares of land in a period of 1 year and 4 months to build power plants, which is a violation of strictly prohibited acts. stipulated in Clause 1, Article 12 of the Land Law 2013. Responsibility belongs to project investors…
Letting businesses invest in the construction of solar and wind power plants on land planned for national mineral reserves without the Prime Minister’s permission and without leasing the land. In addition to the responsibilities of project investors, land management responsibility belongs to the People’s Committee of Binh Thuan province and relevant localities.
For Hong Liem 3 Solar Power Plant, as of December 31, 2020, the competent authority has not yet granted permission to change the land use purpose. According to regulations, it does not meet the conditions to enjoy the 7 electricity price. .09 UScent/kWh.
Hong Phong 1A Solar Power Plant and Hong Phong 1B Solar Power Plant were in commercial operation on June 8, 2019, but as of June 30, 2019, these two companies had not been leased land by the competent state agency. does not meet the conditions to enjoy the electricity price of 9.35 UScent/kWh. Responsibility belongs to the project investors.
A solar power project in Binh Thuan province. Photo: Bui Phu
“Recognition of commercial operation date, putting 12/13 projects into use without competent state agencies inspecting the acceptance work and issuing a document approving the investor’s acceptance results ( (concluding that the project is qualified to be put into use and ready to sell electricity) is a violation. Responsibility belongs to the Electricity Trading Company, EVN, project investors…”, conclusion of the Government Inspectorate show.
Report to the Ministry of Public Security on solar power projects in Ham Thuan Bac district
On December 27, Dan Viet news source said that the People’s Committee of Ham Thuan Bac District (Binh) Thuan has sent a report related to solar power projects in the area to the Provincial Department of Industry and Trade for this unit to synthesize the report. explain and provide at the request of the Security Investigation Agency, Ministry of Public Security.
Accordingly, in Ham Thuan Bac district there are 3 solar power projects (DMT). Including Thuan Minh 2 Solar Power Plant, before using the land to invest in building the factory, this land had the current status of agricultural land of 11 households, an area of 59 hectares, with no land allocated by the People’s Committee. Managed by Thuan Minh commune. This project was leased land by the People’s Committee of Binh Thuan province and the Department of Natural Resources and Environment issued a Land Use Rights Certificate in January 2019 and was exempted from land rent.
TTC – Ham Phu 2 Solar Power Plant Project, before using the land to invest in building the factory, the land had the current status of land for growing perennial crops (acacia leaves) and vacant land of Dien Gia Joint Stock Company. Lai was leased land by the People’s Committee of Binh Thuan province to this company to implement the farm and industrial tree planting project in Ham Phu commune.
This project was allowed to change the land use purpose by the Provincial People’s Committee to implement the Solar Power Plant project and was granted a Land Use Rights Certificate by the Provincial Department of Natural Resources and Environment on December 30, 2019, exempting land rent.
Hong Liem 3 Solar Power Plant, before using the land to invest in building the factory, the land had the current status of agricultural production land (land for perennial crops, land for annual crops) of 20 households with an area of 41.81 hectares and 0.46 hectares of unused flat land, 0.38 hectares of infield traffic land managed by Hong Liem Commune People’s Committee.
Hong Liem 3 Solar Power Plant project has not been issued a decision on land allocation, land lease, land use change by the competent authority and has not been granted a Land Use Rights Certificate.
Regarding the 1/500 detailed planning for all 3 projects mentioned above, the locality currently does not have 1/500 detailed planning documents. Previously, on May 15, 2018, the Chairman of Binh Thuan Provincial People’s Committee issued an official dispatch to resolve difficulties for wind power and solar power projects in the province (technical infrastructure key projects). It is necessary to prepare complete procedures and detailed construction planning documents (1/500 scale) to speed up project implementation progress, save time and costs. All three projects are exempt from construction permits.
As for the Hong Liem 3 solar power project, the competent authority has not yet issued a decision on land allocation, land lease, or change of land use purpose, has not been granted a Certificate of land use rights, and has not yet fulfilled its obligations. finance for the state but has implemented construction items: Battery installation, operator house, transformer station and internal roads.
Therefore, the owner of this project was recorded by the Inspectorate of the Department of Natural Resources and Environment on June 24, 2021 and the People’s Committee of Binh Thuan province issued a decision to sanction this company for occupying agricultural land with an area of from 1 hectare or more managed by the state…
Previously, the Department of Industry and Trade of Binh Thuan province sent an express dispatch to relevant departments, branches and localities requesting explanatory reports, providing evidence and documents related to solar power projects as requested. of the Security Investigation Agency of the Ministry of Public Security.
