Why haven't the two illegal soil mines in Dien Chau been dealt with yet?
During the inspection process, the People's Committee of Dien Chau district determined serious violations at two soil mines belonging to Thien Hoang Equipment Joint Stock Company and Hoang Phuc Limited Company in Dien Loi commune, but to date, no action has been taken to address these violations...
Inspection reveals violations.
More than two months ago, on July 30, 2024, an inter-agency delegation led by Mr. Le Manh Hien - Vice Chairman of the People's Committee of Dien Chau district - inspected and worked on mineral exploitation activities, land management, construction, and ensuring traffic order and safety related to two soil mines of Thien Hoang Equipment Joint Stock Company and Hoang Phuc Limited Company in Dien Loi commune (Dien Chau).
Subsequent inspections revealed that, regarding legal documentation, the units had not provided the mine design documents or the design documents for the access road to the mine, which had been appraised and approved by the investment decision-maker as required by the Construction Law; they also lacked acceptance documents, construction logs, quality management documents for the project components, and acceptance documents for the completion of project components and the entire project to put the project into use as stipulated in Government Decree No. 06 of 2021 and Decree No. 35 of 2023 detailing some contents on quality management and construction; there were no documents for managing and controlling daily mining operations, documents for managing vehicles entering and exiting the mine; and there were no documents for the land clearance plan...
Significantly, based on reports from local authorities and on-site inspections, the inter-agency team discovered that during the mining process, Thien Hoang Equipment Joint Stock Company had lost the boundary markers of the permitted mining area. Even more concerning, at both mines, both companies were mining beyond the permitted boundaries. This constitutes a violation of the law on mineral exploitation. The People's Committee of Dien Loi commune reported that they had inspected the area and requested a halt to mining outside the permitted boundaries, but the companies continued to violate the regulations.
The inspection team also determined that the transportation of excavated soil did not comply with regulations on monitoring and managing reserves; there was no weighing station to check the load, vehicles were not cleaned before leaving the mine, and some vehicles were not covered during transportation, causing environmental pollution and affecting the lives of people in the surrounding area.
The construction of mine infrastructure and connecting roads to the mine via Highway N2 has not followed current procedures and regulations. Specifically, the mine's infrastructure, such as the operating building, weighing station, and vehicle washing area, has not been fully constructed; mining methods do not comply with regulations; and the access roads to the mine have not been completed and approved for use by the relevant construction authorities. In reality, many roads are damaged, with cracked and subsided road surfaces and shoulders; traffic safety is inadequate; and the presence of mud and dirt on the roads causes difficulties in travel, environmental pollution, and affects the lives of people living along the route.
Notably, the People's Committee of Dien Loi commune has repeatedly worked with Thien Hoang Equipment Joint Stock Company and Hoang Phuc Limited Liability Company regarding the aforementioned issues, especially environmental pollution and road damage; however, the companies have still not complied. Therefore, on June 25th and 26th, 2024, local people and the People's Committee of the commune organized a checkpoint to demand that the mining companies and transport vehicles comply with regulations, repair the roads, water the roads, and cover the truck beds to avoid affecting the lives of the people.
Complaints regarding measurement results
Immediately after the inter-agency team inspected and identified violations, especially those related to mining beyond the designated boundaries, on August 9, 2024, the People's Committee of Dien Chau District issued Document No. 2173/UBND-TNMT urging the preparation of dossiers to handle violations of the law on mineral mining activities for the two soil mines in Dien Loi commune.
The People's Committee of Dien Chau District also requested Thien Hoang Equipment Joint Stock Company and Hoang Phuc Limited Liability Company to seriously implement the conclusions of the inter-agency team. At the same time, they are to coordinate with the People's Committee of Dien Loi Commune and relevant departments and units in the process of measuring and determining the scope and volume of violations at locations where mining has taken place outside the permitted area.
Immediately after receiving instructions from the Dien Chau District People's Committee, the Dien Loi Commune People's Committee also coordinated with the North Central Geological Survey Federation to conduct measurements and determine the volume of violations committed by the two aforementioned units.
On September 2, 2024, the North Central Geological Federation issued a report on the results of determining the area and volume of mineral resources exploited beyond the permitted boundaries at the land leveling mine in Hamlet 10, Dien Loi Commune, by Thien Hoang Equipment Joint Stock Company and Hoang Phuc Limited Liability Company. Based on this, on September 6, 2024, the People's Committee of Dien Loi Commune submitted Report No. 409/BC-UBND to the People's Committee of Dien Chau District, along with the survey results. Simultaneously, they studied the relevant regulations to proceed with the drafting of violation reports and the handling of violations by the two aforementioned companies.
However, while the process of reviewing and drafting the administrative penalty report was underway, one of the two violating entities, Hoang Phuc Co., Ltd., filed a complaint regarding the measurement results.
According to the measurements of the North Central Geological Federation, the area measured at the mine of Hoang Phuc Co., Ltd. from boundary markers No. 1 to No. 2, No. 1 to No. 5, and No. 4 to No. 5 shows that the mining area exceeds the permitted scope by 2.19 hectares.
Disagreeing with this result, on September 13, 2024, Hoang Phuc Co., Ltd. filed a complaint. According to the company, on the ground, the area between markers 4 and 5 had been restored, and some points near the stream bank had been eroded due to rain and wind. While the land appeared to be new, the restored and eroded areas were also within the 2.19-hectare range.
In addition, from marker 1 to marker 2 and from marker 4 to marker 5, the road area has been approved by specialized departments and the People's Committee of Dien Chau district for renovation and upgrading of the road leading to the material mine to serve land leveling, rescue, forest fire prevention and control, and national key projects such as the 500KV North-South power line and the North-South expressway.
In its complaint, Hoang Phuc Co., Ltd. explained that during the construction of the 500KV power line, some points were inaccessible to heavy cranes, so the company had to widen the road and use local soil to prevent landslides and subsidence, rather than excavating and transporting it elsewhere.
According to Hoang Phuc Co., Ltd., the road section has an area of 6,980 square meters.2, located within a total area of 2.19 hectares; equivalent to 20,455 square meters.3, out of a total volume of 105,866m3, as reported by the North Central Geological Federation. In addition, there are some overlapping areas due to landslides and weathering caused by rain and wind, occupying a large area, so they need to be re-measured and re-evaluated for verification.
After receiving a complaint from Hoang Phuc Co., Ltd., the People's Committee of Dien Chau District also decided to stop using the measurement results of the North Central Geological Federation and redo the measurement process to determine the volume of violations.
Mr. Phan Xuan Vinh, Vice Chairman of the Dien Chau District People's Committee, stated: According to Hoang Phuc Co., Ltd., some areas within the violated zone are service roads, temporary shelters, and administrative buildings... Therefore, it is necessary to re-determine the area and volume of the violations.
Mr. Vinh also affirmed that hiring a surveying unit is the responsibility of the district, under the supervision of relevant departments and agencies. And choosing which unit to use for surveying is not simple, because there are not many units in the province with the expertise to perform this task.
Clearly, the violations at the two quarries in Dien Loi commune are undeniable. However, the fact that the exact area and volume of the violations have yet to be determined is something that needs to be seriously reconsidered...
