The Investigation Police Agency of the Ministry of Public Security has just completed the investigation conclusion, proposing to prosecute 27 defendants in the case of Violating regulations on research, exploration, and exploitation of natural resources; Violating regulations on accounting causing serious consequences; Smuggling; Consuming assets obtained by others through criminal acts; Violating regulations on management and use of state assets causing loss, waste, and environmental pollution, occurring at Thai Duong Group Joint Stock Company and related units.

According to the investigation conclusion, in his role as Deputy Minister of Natural Resources and Environment, in charge of granting mineral exploitation licenses, Mr. Nguyen Linh Ngoc studied the submission of the General Department of Geology and Minerals and the application for a mineral exploitation license, and clearly knew that Thai Duong Company did not meet the conditions for being granted a license.

However, the former Deputy Minister of Natural Resources and Environment still signed the mineral exploitation license, handing over rare earth resources to Thai Duong Company for exploitation, leading to this company illegally exploiting, causing mineral losses worth more than 864 billion VND.

Mr. Nguyen Linh Ngoc's behavior is considered to have violated the crime of Violating regulations on management and use of state assets causing loss and waste, as prescribed in Clause 3, Article 219 of the Penal Code.

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Mr. Nguyen Linh Ngoc when he was in office. Photo: National Assembly Media

According to the investigation conclusion, in his role as Chairman of the Board of Directors and General Director of Thai Duong Company, from 2019 to 2023, Mr. Doan Van Huan directed and organized illegal mining of rare earth and iron ore at Yen Phu rare earth mine with a total value of more than 864 billion VND.

The investigation agency determined that Mr. Huan illegally sold more than 10 million kg of rare earth ore worth more than 403 billion VND and more than 280 million kg of iron ore, worth more than 333 billion VND, illegally profiting more than 736 billion VND.

Tycoon Huan also directed defendant Nguyen Van Chinh (at that time Deputy General Director and Chief Accountant of Thai Duong Company) to issue invoices for the sale of rare earth and iron ore with unit prices lower than the actual selling prices, thereby falsely declaring and leaving more than 27 billion VND in revenue off the accounting books, not declaring and paying taxes, causing a loss to the state of more than 9 billion VND in tax.

The investigation concluded that Mr. Chinh helped the Chairman of the Board of Directors of Thai Duong Company direct and organize illegal mining of rare earth and iron ore at Yen Phu rare earth mine with a total value of more than 864 billion VND, illegally profiting more than 736 billion VND.

Regarding the case, defendant Luu Anh Tuan, in his role as Chairman of the Board of Directors of Vietnam Rare Earth Joint Stock Company, agreed with Mr. Doan Van Huan to issue rare earth purchase invoices with prices lower than the actual value, thereby helping Mr. Huan to falsely declare, leave out of the accounting books, conceal more than 20 billion VND in revenue, not declare taxes, causing a loss of more than 7.3 billion VND in tax to the state.

In addition, Mr. Tuan also used 15 invoices reflecting the quantity of input materials greater than the actual purchase and sale value of more than 16 billion VND to account for and declare taxes, violating accounting laws, causing a loss of more than 4 billion VND in tax to the state.

The investigation agency determined that Mr. Tuan's actions caused a loss of more than 11 billion VND to the state tax fund. In which, the defendant must be jointly responsible with Mr. Huan for the loss of more than 7.3 billion VND, and is primarily responsible for the loss of more than 4 billion VND.

According to the investigation agency, the Chairman of the Board of Directors of Vietnam Rare Earth Joint Stock Company also committed smuggling. Specifically, from 2019 to 2023, Mr. Tuan directed employees to falsely declare customs codes of goods, export type codes and origins of raw materials used for export production in 63 customs declarations, thereby Vietnam Rare Earth Joint Stock Company illegally exported 474.98 tons of "total rare earth oxide", worth more than 379 billion VND.

Thai Duong Company did not build environmental protection works, did not implement waste treatment measures that met the standards prescribed by law, and was not allowed to discharge waste into the environment. However, from 2018 to October 2023, Mr. Huan directed Mr. Nguyen Van Lai to illegally discharge more than 348,000 tons of tailings sludge into the environment; directed Le Van Can to illegally discharge 2,425 tons of sludge mixed with gypsum waste into the environment.