Hanoi People's Court decided that it had no legal framework for considering the suit against prime minister Nguyen Tan Dung. The decision was signed June 19 but first reported today on the Vietnamese government website (www.chinhphu.vn).

"They told me this case does not come within the court's jurisdiction," said independent lawyer Cu Huy Ha Vu, who filed the lawsuit on June 12. "They are only authorised to handle cases up to ministerial level, so who will be authorised to handle my case?"

Vu said he would appeal the case to the People's Supreme Court, Vietnam's highest.

The suit alleges that the bauxite mining projects violate laws on environmental protection, national defence, cultural heritage and government procedures for approving large foreign investments. The court decision affirmed the projects are in accordance with all these laws.

Vu said he was encouraged by the court's quick reaction.

The bauxite mining projects, run by the Chinese state aluminium company Chalco, have provoked opposition on environmental and defence grounds. Deputies in Vietnam's National Assembly sessions sharply criticised the mines earlier this month.

In January, revered Vietnamese general Vo Nguyen Giap wrote to the prime minister opposing the mines as a Chinese foothold in the strategically crucial Central Highlands.

Other critics worry that runoff from the mines will damage the local coffee and cacao industries and ecologically rich forests.

Vietnam's bauxite reserves are among the world's largest at an estimated 8 billion tonnes.

Bauxite is extracted from open-pit mines, requiring the replacement of topsoil before the land can be reforested or used for agriculture. The refining process creates large amounts of caustic red slurry, which must be contained so as not to pollute water sources.

Deutsche Presse Agentur - June 25, 2009