As Lao Dong reported, the Ministry of Public Security is continuing to clarify violations in the case of "Abusing position and power while performing official duties; Lack of responsibility causing serious consequences" occurring at the Ministry of Industry and Trade and provinces and cities in the implementation of solar power plant projects in Binh Phuoc.
Regarding Loc Ninh 3 Energy Joint Stock Company, the Security Investigation Agency determined that within just 3 months from October to December 2020, this company completed the investment in construction and commercial operation of Loc Ninh 3 power plant on an area of up to nearly 149.6 hectares of production forest land.
However, the competent authority did not issue a decision to reclaim land, allocate land, lease land and change the purpose of use from production forest land to energy project land. The project was also not granted a construction permit and did not have an investment policy decision.
Therefore, Loc Ninh 3 Energy Joint Stock Company's implementation of this project violates a series of regulations and the project is not eligible for VAT refund.
Notably, in the investigation conclusion, the Ministry of Public Security Investigation Security Agency also determined that from December 2020 to the end of November 2022, the total amount of money that the Electricity Trading Company paid to Loc Ninh 3 Energy Joint Stock Company was more than 749.9 billion VND, higher than the electricity selling price that the project enjoyed by more than 209 billion VND and caused direct damage to Vietnam Electricity Group.
To continue clarifying the violations in this case, according to the Government Electronic Information Portal on September 22, the Ministry of Public Security Investigation Security Agency also requested a series of units to explain and provide documents related to the projects:
Vietnam Power Investment and Management Joint Stock Company is required to explain and provide information and documents on its role and responsibilities for the Loc Ninh 1, 2, 3, 4 and 5 Solar Power Plant Project in Binh Phuoc province.
Applied Technical Systems Joint Stock Company is required to explain its role and responsibilities, provide information and documents related to the granting of electricity operation licenses and recognition of commercial operation dates for Loc Ninh Energy Joint Stock Company, Loc Ninh 2 Energy Joint Stock Company and Loc Ninh 3 Energy Joint Stock Company.
The Electricity Trading Company and the National Power System Control Center were also requested to provide documents and records related to the Loc Ninh 1, 2, 3, 4 and 5 Solar Power Plant Project.
The Electricity Regulatory Authority and the National Power Transmission Corporation were also requested to provide records and documents related to the above projects.
Despite violating a series of regulations and the project was not eligible for VAT refund, Loc Ninh 3 Energy Joint Stock Company in 2021 still requested the Binh Phuoc Provincial Tax Department to refund more than VND 145 billion in VAT from the investment in building the factory. The company was then approved by a series of defendants who were former officials of the Binh Phuoc Provincial Tax Department to resolve the dossier and received the above tax refund.