In May 2024, the Investigation Agency had issued the initial investigation conclusion of the case, but in July 2024, the Supreme People’s Procuracy decided to return the file for supplementary investigation.
Former Vice Minister of Industry and Trade, Hoang Quoc Vuong. Photo: Ministry of Public Security |
During the supplementary investigation, the Investigation Agency applied temporary detention measures for 9 previously charged defendants, including: Phan Van Sang, Hoang Quoc Vuong, Phuong Hoang Kim, Trinh Van Doan, Tran Quoc Hung… The temporary detention period was 1 month and 28 days, from July 13, 2024, to September 8, 2024.
In the initial investigation conclusion, these 9 defendants were recommended to be prosecuted for “Abusing position and authority.”
The Investigation Agency initiated proceedings against 3 more defendants from the Binh Phuoc Tax Department, including: Nguyen Duy Khanh, former Deputy Director; Tran Van Dinh, former Head of Propaganda and Taxpayer Support; Pham Quang Vinh, Deputy Head of Inspection – Check 1. These defendants were temporarily detained and their residences were searched.
After the supplementary investigation, the Investigation Agency proposed the prosecution of these 3 individuals for “Negligence causing serious consequences.” The Investigation Agency also issued exit bans for many other related individuals.
According to the investigation results, former Vice Minister of Industry and Trade, Hoang Quoc Vuong, and defendant Phuong Hoang Kim, former Director of the Department of Electricity and Renewable Energy, Ministry of Industry and Trade, had abused their positions and authority in performing their official duties regarding the Ministry of Industry and Trade’s advising the Prime Minister on regulations related to the scope of subjects and conditions for enjoying preferential electricity prices.
The criminal acts of the two defendants caused a loss of VND 937 billion to the Vietnam Electricity Group.
For the same charge, the Investigation Agency also proposed the prosecution of 7 other defendants, including: Trinh Van Doan, Tran Quoc Hung, Nguyen Danh Son, Nguyen Huu Khai, Do Ngoc Tuyen, Truong Hoang Dung, and Phan Van Sang.
These defendants committed violations when the Electricity Regulatory Department of the Ministry of Industry and Trade granted the License for Electricity Activities, the Power Purchase Company recognized the commercial operation date, and the Binh Phuoc Tax Department refunded VAT to Loc Ninh 3 Energy Joint Stock Company.
Regarding the group of 3 individuals who were additionally charged during the supplementary investigation, the Investigation Agency clarified their acts of negligence causing serious consequences in the tax refund for Loc Ninh 3 Company.
According to the investigation conclusion, from October to December 2020, Loc Ninh 3 Company completed the investment in the construction and commercial operation of the Loc Ninh 3 Solar Power Plant in Loc Tan Commune, Loc Ninh District, Binh Phuoc Province, on an area of 149.5 hectares of production land belonging to the Loc Ninh Rubber One-Member Limited Liability Company.
However, the competent authority had not yet made a decision to revoke, allocate, lease, or change the purpose of using the production forest land into energy project land. The company did not have a construction permit, nor did it have an investment policy decision.
According to the Investigation Agency, Loc Ninh 3 Company violated the provisions of the Investment Law. According to regulations, this project falls under the category of projects that are not entitled to a VAT refund, and the unrefunded tax amount should be carried forward to the next period in accordance with the Law on Investment.
However, in April 2021, Loc Ninh 3 Company still requested a tax refund of VND 145 billion. Upon receiving the tax refund request, former Deputy Director Nguyen Duy Khanh signed a notice to transfer the file to the category of post-refund inspection.
The tax refund dossier was inspected by Phan Van Sang, then approved by Tran Van Dinh, and finally, Pham Quang Vinh signed the appraisal document determining that the dossier met the conditions for a tax refund. In July 2021, defendant Khanh signed the decision on tax refund, and Loc Ninh 3 Company received this amount.
According to the investigation conclusion, the defendants Khanh, Dinh, and Vinh did not fully and properly perform their assigned tasks, leading to a failure to detect that the tax refund dossier of the Loc Ninh 3 Solar Power Plant Project lacked legal procedures.
The Investigation Agency determined that the decision of the Binh Phuoc Tax Department to refund tax to Loc Ninh 3 Company was contrary to the law on VAT refund for investment projects, causing a loss of VND 145 billion to the state budget.
List of defendants:
Crime of “Abusing position and authority while performing official duties”
1. Hoang Quoc Vuong: Former Vice Minister of Industry and Trade
2. Phuong Hoang Kim: Former Director of the Department of Electricity and Renewable Energy, Ministry of Industry and Trade
3. Trinh Van Doan: Former specialist of the Licensing and Public Relations Division, Electricity Regulatory Department, Ministry of Industry and Trade
4. Tran Quoc Hung: Former Deputy Division of Licensing and Public Relations, Electricity Regulatory Department, Ministry of Industry and Trade
5. Truong Hoang Dang, former employee of the Technical and Information Technology Division of the Power Purchase Company of Vietnam Electricity Group EVN
6. Nguyen Danh Son, former Director of the Power Purchase Company of Vietnam Electricity Group EVN
7. Nguyen Huu Khai: Former Head of Power Trading Division, Power Purchase Company of Vietnam Electricity Group EVN
8. Do Ngoc Tuyen, former specialist of the Power Trading Division, Power Purchase Company of Vietnam Electricity Group EVN
9. Phan Van Sang, civil servant of Inspection Team 3, Binh Phuoc Tax Department
Crime of “Negligence causing serious consequences”
10. Nguyen Duy Khanh, former Deputy Director of Binh Phuoc Tax Department
11. Tran Van Dinh, former Head of Propaganda and Taxpayer Support, Binh Phuoc Tax Department
12. Pham Quang Vinh, Deputy Head of Inspection – Check 1, Binh Phuoc Tax Department
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