No verification of financial capacity
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 Mountain 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.
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 a 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 an appraisal of the financial capacity of these two companies. 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 trillions of VND, the investor does not have documents to demonstrate financial capacity and cannot prove that the owner's capital contribution is more than 383 billion VND, equivalent to 20% of the total investment. of the project.
Project transfer
More noteworthy, in less than 1 month after being granted the investment policy, 2 wind power investors quickly sold 99.7% of their shares to foreign investors.
The Government Inspectorate concluded that the above behavior violates 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 just installed 10/15 turbines and the Tay Nguyen Processing wind power project has just completed installing 2/15 turbines. In addition, the authorities have been lax in management by not recovering deposits of more than 16 billion VND.
At the time of project implementation, two investors used foreign workers without reporting to inspection and supervision authorities. Both wind power projects started construction without being handed over the land in the field and without appraising and approving the technical design and construction drawings, violating the 2014 Construction Law.
Also because the land has not been handed over in the field to coordinate with Chu Prong District People's Committee to set up boundary markers, the two investors have affected the legal rights of the people without compensation, leading to lawsuits and complaints. prolonged complaint.
As for the Hung Hai Gia Lai Wind Power Plant project, Gia Lai Wind Power Investment and Development Joint Stock Company is the investor. 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 appraise the financial capacity of this company and advise the Provincial People's Committee to sign a decision approving the investment policy.
Part of the project is 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 continues to build, 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…
In addition to the violations and shortcomings raised by the Government Inspectorate, the authorities of Gia Lai province are overcoming shortcomings from Power Plan VII to update the content of Power Plan VIII (National Power Development Plan). period 2021-2030, vision 2050) better.
This is to ensure synchronization and consistency with the planning of Gia Lai province. Regarding the policy mechanism of wind power projects, Gia Lai province also proposed that competent agencies study compensation for people when land is recovered; There is support when reducing the ability to use land inside and outside the safety protection corridor of electrical works.
