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The Government Inspectorate proposed to assign the Ministry of Public Security to investigate petroleum violations related to the Ministry of Industry and Trade

by archytele
written by archytele

The Ministry of Industry and Trade has loose management and lack of inspection

Concluding the inspection of compliance with policies and laws in state management of petroleum, the Government Inspectorate said that it was due to loose management and lack of inspection and supervision by the Ministry of Industry and Trade.

On January 4, according to the notice of inspection conclusions on compliance with policies and laws in state management of petroleum that was just issued by the Government Inspectorate on January 4, 2024, implementing the inspection plan. In 2022, the Government Inspector General issued Decision No. 396/QD-TTCP dated October 13, 2022 to inspect the observance of policies and laws in state management of petroleum, dated November 13 /2023, the Government Inspector General issued inspection conclusions on compliance with policies and laws in state management of petroleum.

On December 27, 2023, the Government Office issued a document announcing the instructions of Deputy Prime Minister Le Minh Khai on the inspection conclusion dated November 13, 2021 of the Government Inspectorate, which assigned the Inspectorate to the Government. The Government monitors, monitors, and inspects the implementation of inspection conclusions.

Through inspection, the Government Inspectorate assessed that due to loose management by the Ministry of Industry and Trade, lack of inspection and supervision, strict handling, and untimely correction led to complicated developments in petroleum business. Many illegal trading acts, breaking the principles stipulated in Government decrees, occur frequently over a long period of time.

The Government Inspectorate concluded that due to loose management by the Ministry of Industry and Trade, lack of inspection and supervision, strict handling, and untimely correction led to complicated developments in petroleum business. Illustration photo/Laodong

Specifically, Dong Thap Petroleum and Trading Joint Stock Company authorizes the purchase and sale of petroleum to companies that are not subsidiaries and are not granted certificates of eligibility to act as petroleum distributors.

Next, Vietnam Petroleum Group authorized its subsidiaries to sign contracts to buy and sell gasoline with other key traders and sell and re-export gasoline, with an output of 4,469,821 m3. , joint stock companies of Vietnam Petroleum Group sell and re-export petroleum, with an output of 6,266,301 m3.

Along with that, subsidiaries of Long Hung Trading and Services Co., Ltd. sell gasoline to the parent company, buy gasoline from key traders, and buy gasoline from other distributors.

On the other hand, the Technical Trading and Investment Company – Joint Stock Company (PETEC) – a subsidiary of PVOil has purchased petroleum from key traders and other member units of PVOil with 87,801.m3 of petroleum and petroleum products. PVOil’s subsidiary sold gasoline to other wholesalers for 131,162 m3/ton.

In addition, subsidiaries of Petro Binh Minh Co., Ltd. buy gasoline and oil from key traders and subsidiaries of key traders with the amount of 82,673 m3/ton of gasoline and sell gasoline to traders. The focal trader and its subsidiaries with the amount of 36,806 m3/ton, buy and sell gasoline with each other in the amount of 278,168 m3/ton of gasoline.

The Government Inspectorate transferred the file to the investigation agency of the Ministry of Public Security

Through inspection, the Government Inspector General proposed that the Prime Minister direct relevant ministries, branches and units to implement a number of specific measures.

Accordingly, the Ministry of Industry and Trade is assigned to preside over the overall review of legal mechanisms and policies on petroleum management; Research, propose, amend and supplement Decree No. 83/2014/ND-CP and Decree No. 95/2021/ND-CP, urgently submit to the Government for promulgation.

With the Ministry of Finance, the Government Inspectorate proposed that the Prime Minister assign this ministry to research, propose, amend and supplement legal regulations on the current appropriation, use and management of the petroleum stabilization fund, to overcome overcome the situation where key petroleum traders misappropriate and use price stabilization funds for wrong purposes; Summarize and evaluate the effectiveness of use and the need to maintain the price stabilization fund.

At the same time, preside over and coordinate with the Ministry of Industry and Trade to summarize and evaluate the management and administration of gasoline prices over the past time in terms of the formula for calculating the base price of gasoline and the mechanism for collecting data to calculate the base price. Currently. Thereby, it is proposed that the Government amend and supplement the price management mechanism; Principles and methods of calculating prices, ensuring compliance with market rules…

Regarding review and handling responsibilities, the Government Inspectorate proposed that the Prime Minister assign the Ministry of Public Security to receive files, documents, and cases for review and handling according to regulations.

The first step is to transfer the case file to the investigation agency and the Ministry of Public Security for consideration and handling according to regulations with a number of contents, including:

Violations of the law in declaring and paying environmental protection tax on gasoline and oil; the use of price stabilization fund at Thien Minh Duc Group Joint Stock Company;

Violations of law in declaring and paying environmental protection tax on gasoline and oil at Xuyen Viet Oil Transport Trading and Tourism Company Limited;

Acts of violating the law in declaring and paying environmental protection tax on gasoline and oil; The use of the price stabilization fund for the wrong purpose of price stabilization at Hai Ha Water Transport Company Limited…

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Business

A close-up of the Saigon Dai Ninh project in Lam Dong caused many officials to get caught up in legal trouble

by archytele
written by archytele

The Saigon Dai Ninh project has many violations

Dai Ninh commercial, tourism and ecological resort urban area project is invested by Saigon Dai Ninh Tourism Investment Joint Stock Company (Saigon Dai Ninh Company) with an area of ​​nearly 3,600 hectares (belonging to communes of Phu Hoi, Ninh Gia, Ta Hine, Ninh Loan, Duc Trong district) with a total investment capital of more than 25,000 billion VND. This project has been granted an investment certificate by Lam Dong Provincial People’s Committee since 2010, expected to be completed and put into use in 2018.

The entire Dai Ninh commercial, tourism and ecological resort urban area project is invested by Saigon Dai Ninh Tourism Investment Joint Stock Company.

In 2020, this project was inspected, the inspection conclusion dated June 12, 2020 of the Government Inspectorate clearly pointed out a series of violations by the investor at the project. In April 2012, Lam Dong Provincial People’s Committee allowed Saigon Dai Ninh Company to change the land use purpose of more than 323 hectares, of which residential land is more than 166 hectares. Accordingly, the total land use fee payable is more than 158 billion VND (after a 30% reduction).

However, this company did not comply with its financial obligations. Despite being urged many times, the investor still did not pay more than 100 billion VND. Saigon Dai Ninh Company still owes more than 6.6 billion VND in compensation for damage to natural resources and the forest environment.

Close-up of the Saigon Dai Ninh project in Lam Dong, causing many officials to be entangled in labor - Photo 2.

Since being granted an investment certificate, Saigon Dai Ninh Company has allowed more than 368 hectares of forest to be destroyed and encroached.

During the project implementation process, Saigon Dai Ninh Company also violated the construction order, building an unauthorized hall (about 560m2), 15 expert houses not included in the detailed 1/500 construction planning. approval, no construction permit…

“According to the investment certificate, by December 31, 2018, the project expired, but through verification, Saigon Dai Ninh Company had many violations and progress was not in accordance with commitments, but the Provincial People’s Committee, The functional branches do not have decisive measures to terminate project activities according to the provisions of the Investment Law.

Close-up of the Saigon Dai Ninh project in Lam Dong, causing many officials to be entangled in labor - Photo 3.

After 13 years, up to now this project has only built a few small items, but there are many unlicensed works that do not comply with the planning.

The main responsibility for the above violations lies with the Chairman of the Provincial People’s Committee, the Vice Chairman of the Provincial People’s Committee, the Directors of the Departments of Natural Resources and Environment, Planning and Investment, the Director of the Tax Department, and the Chairman of the District People’s Committee. Duc Trong”, the conclusion of the Government Inspectorate clearly stated.

Modify inspection conclusions after 1 year

It is from the above violations of Saigon Dai Ninh Company that the Government Inspectorate has proposed to the Prime Minister to request the People’s Committee of Lam Dong province to terminate and revoke the commercial, tourism and resort urban area project. Thai Dai Ninh is invested by Saigon Dai Ninh Tourism Investment Joint Stock Company.

It is worth mentioning that on July 8, 2021, Deputy Inspector General of the Government Tran Van Minh signed a notice of conclusion, amending a number of contents related to the conclusion of the previous investigation about 1 year ago.

Close-up of the Saigon Dai Ninh project in Lam Dong, causing many officials to be entangled in labor - Photo 4.

Regarding the above project of Saigon Dai Ninh Company, many officials have been prosecuted for accepting bribes.

Specifically, the Government Inspectorate has excluded the Dai Ninh Commercial, Tourism and Eco-Resort Urban Area project from the three projects that must terminate operations and reclaim land. Instead, the Government Inspectorate added the content: Lam Dong Provincial People’s Committee, based on its authority, guides Saigon Dai Ninh Company to extend the investment schedule, adjust the project according to the 2014 Investment Law, and extend Use land according to the Land Law.

The above amendment to the Inspection Conclusion was made after Saigon Dai Ninh Company repeatedly submitted review applications and recommendations to the Prime Minister, the Government Inspectorate and Lam Dong Provincial People’s Committee. After receiving a written direction from Deputy Prime Minister Truong Hoa Binh, the Government Inspectorate established a working group to inspect and verify a number of contents and recommendations of Saigon Dai Ninh Company.

Close-up of the Saigon Dai Ninh project in Lam Dong, causing many officials to be entangled in labor - Photo 5.

Many items in the project are unfinished and abandoned.

The above working group was led by Mr. Le Quoc Khanh – Deputy Director of Department II, Government Inspectorate; Mr. Hoang Van Xuan – Main Inspector of Department II, Government Inspectorate as deputy team leader with 2 members, Mr. Nguyen Nho Dinh – Inspector of Department 2, Government Inspectorate, Mr. Nguyen Ngoc Anh – Chief Inspector of Lam Dong province Is a member.

To date, Mr. Le Quoc Khanh, Hoang Van Xuan, Nguyen Nho Dinh and Nguyen Ngoc Anh have all been prosecuted for accepting bribes, causing damage to state interests.

On August 11, 2023, the Investigation Agency of the Ministry of Public Security also issued a decision to supplement the decision to prosecute criminal cases, prosecute the accused, and temporarily detain Ms. Tran Bich Ngoc – Director of the Work Monitoring Department. inspect, resolve complaints and denunciations, prevent and combat corruption, smuggling, trade fraud and counterfeit goods under the Government Office to investigate the act of “Abusing positions and powers when performing public duties”. service”.

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World

Land leasing violations at wind power and solar power projects in Ninh Thuan

by archytele
written by archytele

The wind power project has not been appraised but is still submitted Prime Minister approved

Specifically, the conclusion of the Government Inspectorate clearly states that submitting additional connection plans to the National power system for Phuoc Huu – Duyen Hai 1 Wind Power Plant, Ninh Thuan province violates Clause 1, Article 18 of the Circular. Circular No. 43/2013/TT-BCT dated December 31, 2013 of the Ministry of Industry and Trade, failing to properly perform the tasks specified in Point c, Clause 3, Article 4, Circular No. 02/2019/TT-BCT dated January 15, 2013. 2019 of the Ministry of Industry and Trade.

Wind power at the Phuoc Huu – Duyen Hai 1 wind power plant project in Ninh Phuoc district, Ninh Thuan. Photo: Quang Dang

The Department of Electricity and Renewable Energy did not accept EVN’s practical and objective opinions stated in Document No. 3141/EVN-KH dated June 19, 2019 to request the Investor to supplement and complete the project. project and did not organize project appraisal, but reported to the Ministry and submitted to the Prime Minister for approval. This responsibility belongs to the Ministry of Industry and Trade and the Department of Electricity and Renewable Energy.

In addition, land leasing to implement the Phuoc Huu – Duyen Hai 1 Wind Power Plant Project: Ninh Thuan Provincial People’s Committee leased 1,073 hectares of land to the Project investor (The project was completed and put into commercial operation on October 30, 2021). But by the time of inspection (June 2022), most of the remaining area in use (about 9ha -10.5ha) had not been leased by the People’s Committee of Ninh Thuan province, violating regulations in Article 12 of the Land Law. two thousand and thirteen.

Many land leasing violations at the Phuoc Huu - Duyen Hai 1 wind power plant project in Ninh Thuan province - Photo 3.

Transformer station of Phuoc Huu – Duyen Hai 1 wind power plant project in Ninh Phuoc district. Photo: Quang Dang

By July 1, 2022, the People’s Committee of Ninh Thuan province issued Decision No. 384/QD-UBND to lease land to Phuoc Huu – Duyen Hai 1 Wind Power Company Limited.

Responsibility for defects and violations related to the above project belongs to the People’s Committee of Ninh Thuan province, relevant advisory agencies and the project investor.

Violations at the Phuoc Huu solar power plant project

The conclusion of the Government Inspectorate also clearly stated violations in land leasing at two Phuoc Huu solar power plant projects (in Ninh Phuoc district) and My Son solar power plant project (in Ninh Son district). .

Many land leasing violations at the Phuoc Huu - Duyen Hai 1 wind power plant project in Ninh Thuan province - Photo 4.

Phuoc Huu solar power plant project in Ninh Thuan. Photo: Quang Dang

Specifically, for the Phuoc Huu solar power plant project, the conclusion clearly states that the People’s Committee of Ninh Thuan province leased land to Nha Trang Bay Construction Investment Joint Stock Company for the second phase with an area of ​​30.18 hectares in Phuoc Huu commune. , Ninh Phuoc District. To implement the Phuoc Huu Solar Power Plant Project (Decision No. 333/QD-UBND dated August 30, 2019) but this area is not included in the Approval to adjust the Land Use Planning to 2020 and the plan. land use in the final period (2016-2020) of Ninh Thuan province in Resolution 113/NQ-CP dated August 30, 2018 of the Government, violating Clause 1 and Clause 2, Article 45 of the 2013 Land Law.

The Department of Construction of Ninh Thuan province issued Document No. 1031/SXD-QHKT dated April 13, 2018 on the general site planning agreement before Nha Trang Bay Construction Investment Joint Stock Company was approved by the People’s Committee of Ninh Thuan province. The second land lease is a violation of Clause 6, Article 3 of Decree No. 53/2017/ND-CP dated May 8, 2017 of the Government.

Nha Trang Bay Construction Investment Joint Stock Company used land to start construction and complete the factory before being leased 30.18 hectares of land for the second phase by the Provincial People’s Committee, violating Article 12 of the 2013 Land Law. Construction without the Department of Construction’s opinion on the general site planning is not in accordance with Clause 1, Article 107 of the 2014 Construction Law regulating conditions for starting construction.

Violations at the My Son solar power plant project

Similarly, the land lease for the My Son Solar Power Plant project also had violations.

Specifically, the People’s Committee of Ninh Thuan province issued Decision No. 358/QD-UBND dated October 17, 2018 on land recovery and leasing to My Son 1 Solar Power Company Limited to implement the project in My Son commune, district. Ninh Son, the assigned area is 80.2 hectares, an incorrect increase of 6.04 hectares compared to regulations, violating Clause 4, Article 19 of Circular 06/TT-BCT.

Many land leasing violations at the Phuoc Huu - Duyen Hai 1 wind power plant project in Ninh Thuan province - Photo 5.

A corner of My Son solar power plant in Ninh Son district. Photo: Quang Dang

The Department of Construction of Ninh Thuan province issued Document No. 3808/SXD-QHKT dated December 5, 2017, agreeing on the total area and preliminary architectural plan of My Son Solar Power Plant before the Provincial People’s Committee leased the land. violating Clause 6, Article 3 of Decree No. 53/2017/ND-CP.

Responsibility for the shortcomings and violations in the two above-mentioned projects belongs to the People’s Committee of Ninh Thuan province, relevant consulting departments and branches, and project investors.

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World

How were 13 solar and wind power projects in Binh Thuan concluded by the Government Inspectorate to be in violation?

by archytele
written by archytele

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.

How were 13 solar and wind power projects in Binh Thuan found to be in violation? - Photo 3.

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.

How were 13 solar and wind power projects in Binh Thuan found to be in violation? - Photo 4.

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.

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