Former Lao Cai Chairman signed many illegal documents for illegal mining

Ignoring the recommendations of the State Audit

According to the Investigation Police Agency of Lao Cai Province Police, defendant Doan Van Huong, in his position as Vice Chairman and Chairman of Lao Cai Provincial People's Committee, signed illegal documents without proper authority.

These documents have created conditions for Lilama Company and Vietnam Apatite Company to illegally exploit apatite ore on a 3.77-hectare land plot in Dong Tuyen commune (Lao Cai city, Lao Cai province) while implementing a hotel and restaurant project.

The area of ​​enterprises illegally exploiting over 1.3 million tons of apatite ore in Lao Cai

Regarding this project, on February 4, 2013, the State Audit issued Document No. 99 announcing the audit recommendation of the Vietnam Chemical Industry Group, which clearly stated: the assignment of the Lao Cai Provincial People's Committee to the Vietnam Apatite Company and the Vietnam Apatite Company to the Lilama Company to renovate the ground to prevent landslides and recover apatite ore (implemented according to Document No. 839 of the Lao Cai Provincial People's Committee dated April 11, 2012) is contrary to the provisions of the Mineral Law; the authority to permit the exploitation and recovery of ore does not belong to the Lao Cai Provincial People's Committee and does not belong to the Vietnam Apatite Company.

However, on May 20, 2013, defendant Doan Van Huong signed Document No. 1717 on implementing mineral management measures in the construction area of ​​the hotel and restaurant project on a 3.77-hectare land area. The Investigation Police Agency of Lao Cai Province Police determined that this was a document allowing Lilama Company to exploit apatite ore at the hotel and restaurant project in mining site 18 to sell to Apatite Vietnam Company through the phrases: "collect", "agree", "unify", "gather", "manage", "use".

Then, on September 9, 2013, Mr. Doan Van Huong continued to sign Document No. 3389, which stated: The Provincial People's Committee requested Lilama Company to minimize leveling and lowering the height, to make the most of the natural terrain to reduce construction investment costs and not to level the ore body (if any), not to arbitrarily expand the area to adjacent areas and not to affect the land area and neighboring works. Strictly implement the content of Document No. 1717 dated May 20, 2013 of Lao Cai Provincial People's Committee. Regularly take samples to analyze mineral potential, if minerals are detected during the leveling process, promptly report to competent authorities for consideration and settlement according to the provisions of Article 65 of the Law on Minerals. Lilama Company is fully responsible for reporting the results of sample analysis to determine mineral potential during the leveling process. Regularly report implementation results to the Provincial People's Committee and Department of Natural Resources and Environment for monitoring and management.

Accordingly, the Investigation Police Agency of Lao Cai Provincial Police determined that defendant Huong signed Document 3389 to confirm Document 1717, contrary to the provisions of Articles 65, 67 and 82 of the 2010 Law on Minerals.

Defendant Huong himself knew that allowing Lilama Company to collect apatite ore during the implementation of the hotel and restaurant project was wrong, but he still signed Document 1717 to allow Lilama Company to illegally exploit minerals at the hotel and restaurant project at mining site 18, which is in the planning approved by the Ministry of Industry and Trade, and the licensing authority belongs to the Ministry of Natural Resources and Environment.

Disobeying the Prime Minister's instructions

Also according to the investigation conclusion, the Investigation Police Agency of Lao Cai Province Police affirmed that the case file has sufficient grounds to determine that the defendant Doan Van Huong is the person who manages and protects mineral resources in Lao Cai province.

The defendant Doan Van Huong clearly knew that the area of ​​3.77 hectares belonging to the 18th mining site was planned by the Ministry of Industry and Trade for apatite ore. In addition, according to the content of the notice in Official Dispatch No. 6033 dated August 30, 2011 of the Government Office, the People's Committee of Lao Cai province must implement the Prime Minister's direction on temporarily suspending the granting of mineral exploration and exploitation licenses.

Defendant Huong knew that this was an industrial-scale mineral mine with a very large reserve of apatite ore, and that the authority to grant mining licenses belonged to the Ministry of Natural Resources and Environment, not the Lao Cai Provincial People's Committee. However, in the course of performing his duties, defendant Doan Van Huong did not direct the departments and branches to comply with the provisions of the law.

Former Chairman of Lao Cai Provincial People's Committee Doan Van Huong was prosecuted as an accomplice, assisting a business in illegally mining apatite ore.

Specifically, when the departments and branches advised, drafted and submitted documents that were not in accordance with legal regulations, Mr. Huong did not direct the implementation of preventive measures, did not direct the departments and branches to take measures to manage and protect mineral resources according to the 2010 Mineral Law; took advantage of his position and authority to act against his official duties and tasks, signing Document No. 1717 and Document No. 3389 and writing comments on other related documents and papers without proper authority and in violation of legal regulations.

Based on this document, from 2013 to 2015, Lilama Company illegally exploited and consumed a total of more than 1.3 million tons of apatite ore at quarries 18, worth over VND517 billion. Of which, Lilama Company illegally profited over VND179 billion. The violation of defendant Huong caused the loss of the country's apatite reserves, causing damage to the interests of the State with particularly serious consequences, violating Articles 65, 67 and 82 of the 2010 Mineral Law.

The Investigation Police Agency of Lao Cai Province Police accused the defendant Huong of being dangerous to society, violating the proper operations of agencies and organizations by people holding positions while performing official duties and tasks; violating the proper operations of the State in research, exploration and exploitation of resources; committing the crime of "abusing position and power while performing official duties", stipulated in Clause 3, Article 28, Penal Code 1999, the defendant was an accomplice in the role of assisting.

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