9 energy-related cases have been assigned to the Ministry of Public Security

As published in several newspapers in Vietnam, the Government Inspectorate has recommended that the Prime Minister assign the Ministry of Public Security to receive the documents and materials for the purpose of examination and investigation in accordance with the law regarding several cases.

Firstly, the Ministry of Industry and Trade's approval and the Prime Minister's consultation on the addition of 154 solar power projects with a total capacity of 13,837 MW, without a legal basis and planning framework (excluding 14 projects with a capacity of 870 MW approved by the Ministry of Industry and Trade in the provincial power planning before 2016, updated for the 2016-2020 period).

Among them, the approval of 123 projects with a total capacity of nearly 8,500 MW scheduled to be operational during the 2016-2020 period has led to imbalances between supply and the grid, imbalances in the power structure and regions, difficulties in management and operation, and signs of serious consequences resulting from negligence as stipulated in Article 360 of the 2015 Penal Code, amended in 2017.

Secondly, the Ministry of Industry and Trade's consultation with the Prime Minister on the issuance of the content of Clause 3, Article 5 of Decision No. 13/2020 is contrary to the content of Government Resolution No. 115/2018 and does not align with the conclusions and directives of the Prime Minister in Notice No. 402/2019 from the Government Office, resulting in increased electricity purchase costs and reduced profits for state-owned enterprises (EVN).

Thirdly, the Ministry of Industry and Trade's consultation with the Prime Minister on the issuance of the content of Clause 1, Article 5 of Decision No. 13/2020 does not align with the conclusions and directives of the Prime Minister in Notice No. 402/2019, resulting in increased electricity purchase costs and reduced profits for state-owned enterprise (EVN).

Fourthly, the Government Inspectorate has forwarded information and accompanying documents to the Ministry of Public Security for consideration regarding the Ministry of Industry and Trade's issuance of guidance and consultation on the development of solar power projects with vulnerabilities, deficiencies, and violations that have affected many rapid large-scale investment projects with capacities of approximately 1 MW, located on agricultural and forestry land under the model of farm investment, violating land planning and land use plans, but enjoying the preferential mechanisms of the solar power system (FIT price of 8.38 US cents/kWh, applicable for 20 years).

Fifthly, the management and use of land for the implementation of solar power and wind power projects on land designated for national mineral reserves and the zoning plan for exploration, mining, processing, and utilization of titanium ore in Binh Thuan province.

Sixthly, the management and use of land for the implementation of solar power projects encroaching on the irrigation planning of the Tan My irrigation system in Ninh Thuan province.

Seventhly, the management and use of land for the implementation of solar power projects combined with agriculture encroaching on the irrigation planning of the Ia M?r reservoir irrigation area in Dak Lak province.

Eighthly, the management and use of land for the implementation of wind power projects encroaching on the zoning plan for exploration, mining, processing, and utilization of bauxite ore in Dak Nong province.

Ninthly, the management and use of land for the construction of the Dak Glun 2 and 3 hydroelectric plants on a 15.3-hectare site in Quang Tam commune, Tuy Duc district, Dak Nong province (in addition to the allocated 208-hectare land); the investment in construction on the allocated 208-hectare land, including 25.23 hectares of natural forest that has not been converted for energy construction purposes.

The Government Inspectorate stated that on February 21, 2023, it had sent a document regarding the above-mentioned cases to the Investigative Security Agency of the Ministry of Public Security for consideration and processing in accordance with the law. The Ministry of Public Security has issued a document acknowledging the receipt of the Government Inspectorate's recommendations.

For more information, please contact:

Hoang Pham (James) / Managing Partner at: [email protected]

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