The Internet has a memory. I wonder if you still remember the Tai Yang Group? The company that illegally mined rare earth minerals on 6 hectares of land, and the Deputy Minister who had previously granted them permission to mine, was prosecuted, not only for illegal mining, but also for smuggling the ore exports to China.
The Supreme People’s Procuracy of Viet Nam has just issued an indictment against 27 defendants in connection with the violations committed by Thai Nguyen and related units in the exploration and exploitation of resources.
Among them, Nguyen Linh Ngoc, former deputy minister of the Ministry of Resources and Environment, and six former leading officials of the ministry are accused of violating regulations on the management and use of State assets, causing loss and waste.
In the same case, Duan Van Xuan, Chairman of Thai Nguyen Company, was indicted on three charges, including 1) violating regulations on resource exploration and exploitation, 2) violating accounting regulations with serious consequences, and 3) polluting the environment.
In addition, other defendants are being investigated for smuggling, selling stolen goods and violating accounting regulations.
Details of the case
According to the indictment, from 2019 to 2023, Duan Van Thuong’s Thai Duong Company C ng ty C ph n T p o n Th i D ng illegally mined rare earth and iron ores in Y n Ph, An Phu mining area, An Phu Province, with the total value of illegally mined resources amounting to VND864 billion or about 246 million dollars, of which the value of the sold minerals exceeded VND763 billion or about 218 million dollars.
In addition, Duan Van Thuy instructed the establishment of two sets of financial accounts to avoid paying taxes, resulting in the loss of more than VND 9.6 billion or 2.7 million dollars in State tax revenue.
Thai Duong was granted an exploration license by the Ministry of Resources and Environment of Vietnam in June 2013 to explore for rare earths at An Phuoc Mine in Vinh An District, An Phuoc Province. The licensed exploration area is 6,24 hectares, the mining depth is up to 35 meters, and the mining period is 8 years and 1 month from the date of issuance of the license. It is estimated that the total amount of ore that can be mined is nearly 1.9 million tons, which corresponds to more than 23.5 million tons of total rare earth oxides TR O and nearly 260,000 tons of grade 60 iron ore concentrate. On October 9, 2023, the Anti-Corruption, Economic Crime and Smuggling Investigation Department of the Ministry of Public Security of Vietnam conducted emergency searches at 21 sites involved in illegal mining, storage, and operations, as well as at the private residences of the suspects involved. Law enforcement agencies temporarily seized about 13,700 tons of rare earth ore and more than 1,400 tons of iron ore from the company. Subsequently, investigative agencies of the Ministry of Public Security have indicted and temporarily detained Duan Van Xuan, Chairman and General Director of Thai Nguyen Duong, and Nguyen Van Thanh, Deputy General Director and Chief Accountant of the company, on charges of violating regulations on resource exploration and exploitation and violating accounting regulations leading to serious consequences.
On October 9, 2023, the Anti-Corruption, Economic Crime and Smuggling Investigation Department of the Ministry of Public Security conducted emergency searches at 21 sites involved in illegal mining, storage, and operations, as well as at the private residences of the suspects. Law enforcement authorities temporarily seized about 13,700 tons of rare earth ores and more than 1,400 tons of iron ore from the company.
Subsequently, investigative agencies of the Ministry of Public Security have indicted and temporarily detained Duan Van Xuan, Chairman and General Director of Thai Nguyen Duong, and Nguyen Van Thanh, Deputy General Director and Chief Accountant of the company, on charges of violating regulations on resource exploration and exploitation and violating accounting regulations leading to serious consequences.
In addition, four suspects of Synthetic Development Company CP Thnh Pht and Vietnam Rare Earth Joint Stock Company CP Thnh Pht have also been investigated for accounting violations with serious consequences.
In the course of the investigation, the authorities initially concluded that Duan Van Thuy and Nguyen Van Thanh were in charge of organizing the illegal exploitation and sale of more than 11.2 million kilograms of rare-earth ores valued at about VND 440 billion or $125 million, and 152 million kilograms of iron ores valued at about VND 192 billion or $54.8 million.
Through these illegal acts, the suspects have made an illegal profit of about VND 763 billion, or about $218 million. Their actions have violated the provisions of the Government’s Prime Minister’s Directive 02 CT TTg, as well as Article 2, paragraph 357 and Article 3 of the Mineral Mining License 927 GP BTNMT.
In addition, Duan Van Thuy and Nguyen Van Thanh also conspired with the Vietnam Rare Earth Joint Stock Company and Synthetic Development Company to help Thai Duong conceal off-book funds of more than VND28 billion, VND8 million, and to evade tax obligations by issuing false value-added tax (VAT) invoices, lowering the quantity of sales and the price of the unit, resulting in a tentative loss of more than VND9.6 billion, VND2.7 million, to the State.
On October 20, it was recorded that a large number of excavators and trucks were being mobilized at Tai Yang’s rare earth mine and iron ore mine in An Phu mining area, Van An district, An Phuoc province.
Previously, on December 15, 2019 , residents of An Phu Commune had gathered at the Culture House and demanded that the company stop its operations as the mine emitted a pungent odor similar to sulfur and phosphorus fire, causing nausea and abdominal distension among many residents.
On December 16, 2019 , the Wen’an County government held a working meeting and made on-site records, but representatives of Taiyang refused to sign.
Responsibility of former Deputy Minister Nguyen Linh Nguyen
The prosecution found that in 2012, Nguyen Linh Nguyen was assigned to be in charge of the geology and minerals sector and headed the General Directorate of Geology and Minerals under the Ministry of Resources and Environment. The General Directorate was responsible for receiving, reviewing and approving applications for mineral exploitation licenses.
Despite the fact that Thai Nguyen’s mining license application did not comply with the relevant regulations, Nguyen Linh Ngoc approved the company’s mining of rare earths in the An Phu mining area in 2013, facilitating the company’s illegal exploitation and sale of mineral resources.
1 Thai Nguyen has not obtained a full investment license for the investment project in question.
2 Its own capital did not meet the minimum ratio stipulated in the Minerals Law.
3 However, some officials of the General Directorate of Geology and Mines still used the old assessment results from 2011 to submit non-compliant application documents to the leadership of the Ministry of Resources and Environment.
Despite being aware of these violations, Nguyen Linh Nguyen signed and approved the mining license, thus contributing to tens of billions of Vietnamese dong in illegal profits for the enterprise and causing huge losses to State resources.
Serious violations
During the mining process, Thai Nguyen not only violated the rules of operation, but also committed serious violations of land use and environmental protection.
Despite the fact that the company has been illegally mining and selling rare earth minerals since 2020, some of the officials in charge of supervision not only failed to take any measures to deal with the situation, but also made false reports and even recommended that the company’s mining license be extended.
Some leaders and officials of the Ampui Provincial Department of Resources and Environment (APDRE), including Hu Duc Hoa H c H p Lai Kung Chin L C ng Ti n Bui Duan Ru B i o n N h , have been accused of failing to fulfill their supervisory duties, and even of submitting false reports to the provincial people’s government recommending that mining licenses be renewed, which has further contributed to TAYANG’s illegal practices.
The prosecution found that
The negligence of former Deputy Minister Nguyen Linh Ngoc and some leading officials of the Department of Resources and Environment of the Ministry of Resources and Environment of the Province of An Phuoc has directly led to the illegal exploitation and sale of rare earth and iron ore worth more than 21.8 billion USD by Thai Duong, resulting in a significant loss of State assets.
The case is still under further investigation, with a view to holding all those involved accountable in accordance with the law.
Write in the end
Since the second half of 2011, Vietnam’s mineral law has been adjusted and the government has instructed a nationwide moratorium on the issuance of mineral mining licenses pending new guiding policies.
On January 9, 2012, the Prime Minister of the Vietnamese government issued a directive specifying that mineral extraction must be combined with further processing to improve resource efficiency and reduce raw ore exports.
Investigations revealed that in its application for a mining license, Thai Nguyen only provided an Investment Certificate for Mineral Mining and Processing issued by the People’s Government of An Phuoc Province. However, the investment certificate expired before the mining license was approved and was not renewed or reissued.
Former Deputy Minister Nguyen Linh Nguyen admitted that when reviewing the documents submitted by the General Department of Geology and Mines, he knew that Thai Nguyen did not meet the conditions of the mining license, but still approved the issuance of the license. However, he insisted that he did not profit from Thai Nguyen.
He said he recognized that his actions were one of the reasons why Tai Yang’s illegal rare earth mining resulted in losses to the State. Nguyen Van Thuong Nguyen Van Thuong, former director of the General Directorate of Geology and Mines, confessed that during the period of assisting Thai Nguyen in obtaining a license, Chairman Duan Van Thuong personally came to his office to thank him and gave him VND500 million and VND140,000, which he voluntarily refunded in full. He has voluntarily returned all the bribe money to the investigation agency.
Currently, the case is still under further investigation to hold all those responsible accountable.
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