No financial capacity check
After the conclusion of the Government Inspectorate, Gia Lai province directed departments and branches to correct related violations and also to better implement the upcoming Power Plan VIII.
Previously, in August 2024, the Government Inspectorate issued Conclusion No. 263/KL-TTCP, clearly stating violations regarding land, labor, as well as the investment process of wind power projects in Gia Lai province.
Specifically, at the Mountainous Development Wind Power Plant project, invested by Chu Prong Gia Lai Wind Power Joint Stock Company, the total investment is up to 1,916 billion VND.
The Tay Nguyen Processing Wind Power Plant Project is invested by Chu Prong Gia Lai Wind Energy Joint Stock Company, with an investment of 1,917 billion VND.
It is worth mentioning that both of these wind power projects have registered charter capital of only 25 billion VND. The controlling shareholder is Ms. Nguyen Thi Sen - Chairwoman of the Board of Directors of Bau Can Tea Joint Stock Company (Chu Prong district).
However, the Department of Planning and Investment of Gia Lai province and other departments did not organize the assessment of the financial capacity of these two companies. The relevant units advised the Provincial People's Committee to sign the investment policy on July 21, 2020.
Despite implementing a project with a scale of thousands of billions of VND, the investor does not have documents explaining financial capacity and cannot prove the owner's equity of more than 383 billion VND, equivalent to 20% of the total investment of the project.
Project transfer
More notably, in less than 1 month after being granted investment policies, the 2 wind power investors quickly sold 99.7% of their shares to foreign investors.
The Government Inspectorate concluded that the above behavior violated Article 33 of the 2014 Investment Law and Article 14 of Decree 43/2014/ND-CP.
Currently, both projects are behind schedule. Specifically, the Mountain Development Wind Power Project has only installed 10/15 turbines and the Central Highlands Processing Wind Power Project has only completed the installation of 2/15 turbines. In addition, the authorities have loosened management by failing to collect the deposit of more than 16 billion VND.
At the time of project implementation, the two investors used foreign workers without reporting to the competent authorities for inspection and supervision. Both wind power projects started construction without land being handed over in the field, without technical design and construction drawings being appraised and approved, which is a violation of the 2014 Construction Law.
Also because the land has not been handed over in the field to coordinate with the People's Committee of Chu Prong district to set up boundary markers, the two investors have affected the legitimate rights of the people without compensation, leading to prolonged complaints and lawsuits.
Meanwhile, the Hung Hai Gia Lai Wind Power Plant project is invested by Gia Lai Wind Power Investment and Development Joint Stock Company. This project is built in Kong Chro district, with an investment of 3,700 billion VND.
The Department of Planning and Investment of Gia Lai province also did not assess the financial capacity of this company and advised the Provincial People's Committee to sign a decision approving the investment policy.
Part of the project was built on land without energy planning and without permission from the Government. In addition, there are more than 26 hectares of land without land lease confirmation but the investor still implemented construction, violating the 2013 Land Law.
Regarding these wind power projects, the Government Inspectorate has transferred all documents to the Ministry of Public Security for review and handling according to regulations for violations in investor selection, land management, project implementation, etc.
In addition to the violations and shortcomings pointed out by the Government Inspectorate, the functional sector of Gia Lai province is overcoming the shortcomings of the Power Plan VII to better update the content of the Power Plan VIII (National Power Development Plan for the period 2021-2030, vision 2050).
This is to ensure consistency and unity with Gia Lai province's planning. Regarding the policy mechanism for wind power projects, Gia Lai province also recommends that competent authorities study compensation for people when land is recovered; and provide support when reducing the ability to use land inside and outside the safety corridor of power projects.
Source: https://laodong.vn/kinh-doanh/nhung-du-an-dien-gio-co-von-dieu-le-chi-25-ti-dong-1379473.ldo
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