Trial of two 'mutant orchid tycoon' brothers and many former officials in Thai Nguyen

On October 9, the People's Court of Thai Nguyen province opened the first instance trial of 33 defendants in the case of illegal mining of more than 3 million tons of coal at Minh Tien coal mine, Dai Tu district.

In this case, two "mutant orchid tycoons" in Quang Ninh, twin brothers Bui Huu Thanh and Bui Huu Giang (shareholders of Dong Bac Hai Duong Company Limited) were brought to trial for "Violating regulations on resource exploitation" and "Illegal trading of invoices".

Defendant Chau Thi My Linh (born in 1970, Director of Yen Phuoc Joint Stock Company) was brought to trial for the crime of “Violating regulations on resource exploitation”. This businesswoman was identified as the mastermind.

The defendants Nguyen Thanh Tuan, former Director of the Department of Natural Resources and Environment of Thai Nguyen province; Nguyen The Giang, former Deputy Director; Cao Sy Linh, specialist of the Minerals Department; Lai Trung Hieu, Deputy Chief Inspector of the Department of Natural Resources and Environment of Thai Nguyen province were brought to trial for the crime of "Lack of responsibility causing serious consequences".

Defendant Nguyen Ngo Quyet, former Director of the Department of Industry and Trade of Thai Nguyen province, and two subordinates, Do Huy Cuong and Nguyen Van Phong (former Head and Deputy Head of the Department of Environmental Safety and Technology) were brought to trial for the crime of "Abusing position and power while performing official duties".

According to the indictment, taking advantage of the fact that Yen Phuoc Joint Stock Company was licensed to exploit minerals at Minh Tien coal mine, Dong Bac Hai Duong Company Limited, with the two brothers Bui Huu Thanh and Bui Huu Giang contributing capital, colluded with Linh, sending workers and machinery to illegally exploit coal and minerals, with a capacity many times greater than the licensed reserves.

Defendant Chau Thi My Linh was identified as the mastermind.

Specifically, from June 2018 to August 2021, the defendants exploited a total volume of more than 3.1 million tons of coal and associated minerals, while the licensed output was only more than 136 thousand tons.

To conceal illegal coal mining activities, exceeding reserves, Chau Thi My Linh and Dong Bac Hai Duong Company created fake coal mining contracts with an output of 8,000 tons/year; contracts for the purchase and sale of finished products after mining and many invoices and documents, to legitimize declarations and reports to authorities.

In addition, Linh also directed his subordinates to prepare and sign with Bui Huu Khoa (representative of Dong Bac Hai Duong Company) the acceptance records of the monthly raw coal volume exploited from only 900 to 1,400 tons, to match the mining output recorded in the fake contract and the amount of coal allowed to be exploited annually.

The investigation determined that the total illegal profits of the two groups, Yen Phuoc Company and Dong Bac Hai Duong Company, was more than 375 billion VND.

According to the testimony of defendants Bui Huu Thanh, Bui Huu Giang and accomplices, to legalize the illegally mined and consumed coal, the group purchased 475 value-added tax invoices, with a total value including tax of more than VND 1,600 billion. The source of money to pay for the invoices was mainly from the sale of smuggled coal.

According to the indictment, to allow the illegal exploitation of Minh Tien coal mine to occur, a number of former leaders at the Department of Natural Resources and Environment of Thai Nguyen province committed many violations. During four inspections, the Department of Natural Resources and Environment of Thai Nguyen province discovered many violations, but the correction and handling of violations were ignored.

In addition, some former leaders of the Department of Industry and Trade of Thai Nguyen province also violated the law in assessing, advising and signing the issuance of licenses to use industrial explosives exceeding the previously approved volume, "creating conditions" for businesses to have industrial explosives to use for illegal coal mining.

Previously, on September 8, the People's Court of Thai Nguyen province brought the case to trial, however, due to the absence of some defense lawyers for the defendants and some people with related rights and obligations, the trial was postponed until today. The first instance trial is expected to last 5 days.

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