4 solar power projects overlap the Tan My irrigation system in Ninh Thuan
According to the recently issued Conclusion of the Government Inspectorate, compliance with policies and laws in the management, implementation of planning and investment in construction of power projects according to Power Planning VII and adjusted Power Planning VII.
A solar power project in Ninh Thuan. (Illustration)
Specifically, the Government Inspectorate’s conclusion raised many violations in solar power and wind power projects in Ninh Thuan. In particular, there were violations in adjusting planning and land leasing for 4 solar power projects overlapping the Tan My irrigation system.
The inspection conclusion clearly stated that the People’s Committee of Ninh Thuan province did not properly carry out its responsibility to protect irrigation works according to regulations, and at the same time converted irrigation land use planning to energy work land planning, approved Solar power projects overlapping irrigation planning without the opinion of the Ministry of Agriculture and Rural Development, illegal use of land within the protection scope of irrigation works is a violation of Article 8. and Article 42 of the Irrigation Law.
The People’s Committee of Ninh Thuan province adjusted the land planning under the irrigation project without the opinion of the Ministry of Agriculture and Rural Development, which is a violation of Article 43 of the Land Law No. 45/2013/QH13 dated November 29, 2013. Adjusting provincial-level land planning has not complied with the requirements of the Ministry of Natural Resources and Environment in Notice No. 70/TB-BTNMT dated April 14, 2017 on clearly explaining the items to increase or decrease the area in planning, violating Article 35 of the 2013 Land Law, providing inaccurate land information, violating Article 12 of the 2013 Land Law.
The inspection conclusion also clearly states that the Department of Agriculture and Rural Development has commented on the inappropriate use of land for solar power plant projects and requested the People’s Committee of Ninh Thuan province to consider not implementing it. currently for the project area with irrigation planning and irrigation area. However, the People’s Committee of Ninh Thuan province still converts land use planning and allocates and leases land for solar power projects.
Solar power developed strongly in Ninh Thuan in the past. Photo: Quang Dang
In reporting to the Provincial People’s Committee, the Department of Planning and Investment incompletely reported the opinions of the Department of Agriculture and Rural Development. Including comments on the overlap in land area of the Solar Power Project on the land of the Tan My Irrigation System Project, which has been approved and implemented by the Ministry of Agriculture and Rural Development. The People’s Committee of Ninh Thuan province incorrectly reflected the overlapping project content when mentioning solar power projects combined with tree planting.
A part of the main canal has been overlapped by solar power projects with an encroached irrigation area and canal of 3.85 hectares, no plants, some unconstructed canal locations are broken and cannot be carried out. Continued construction due to overlap, forced alignment increases budget costs if not recovered from solar power project investors (in Document No. 160/BC-BQL of Board 7, the budget Construction and installation increased by about 10 billion VND, not including the overlapping canal area).
In addition, during the land appraisal process and requesting the Provincial People’s Committee to lease land, the Department of Natural Resources and Environment did not clearly state the current status of land sources with overlapping planning.
The inspection conclusion also clearly stated that responsibility for the above shortcomings and violations belongs to the People’s Committee of Ninh Thuan province and relevant consulting departments and branches.
Ninh Thuan is one of the localities with the most solar and wind power projects in the country. Illustration
Transfer to the Security agency for investigation
Based on the inspection results, the Government Inspector General recommends that the Prime Minister direct relevant ministries and branches and the People’s Committee of Ninh Thuan province to preside over and direct the review and handle responsibilities according to the provisions of law. law for groups and individuals related to the defects and violations mentioned in the Inspection Conclusion, and direct relevant agencies and units to urgently correct the defects and violations according to the provisions of law. , report to the Prime Minister on issues beyond authority.
A solar power project in Ninh Thuan. Illustration
Currently, the Government Inspectorate has transferred to the Security Investigation Agency of the Ministry of Public Security a case file of violations of the law in land management and use to invest in 4 solar power projects that overlap with irrigation planning under the Ministry of Public Security. The Tan My Irrigation System project has been approved by the Ministry of Agriculture and Rural Development and is under construction (Document No. 80/TTCP-VI dated February 21, 2023 of the Government Inspectorate).
The People’s Committee of Ninh Thuan province presides over the determination and handling according to the provisions of law for the amount of money receivable from energy enterprises of VND 64,262 billion (temporarily calculated), the amount collected and paid to the state budget is VND 52,044 billion. , the remaining amount to be collected is 12,218 billion VND.