Prosecuting the former Secretary of Binh Duong in the case that caused the loss of nearly 5,000 billion VND

On May 6, the Supreme People's Procuracy in VietNam issued an indictment against Mr. Tran Van Nam, former Secretary of the Binh Duong Provincial Party Committee, and 27 other defendants in the case of "43 hectares of gold land" being sold cheaply by President Nguyen Xuan Phuc. Binh Duong Province Manufacturing - Import-Export Company (3-2 Corporation).

Accordingly, the Supreme People's Procuracy prosecuted Mr. Tran Van Nam for "violating regulations on management of state assets, causing loss and waste".

Many former leaders of the Provincial Party Committee, the Provincial People's Committee and many departments of Binh Duong were also prosecuted for the same crime as Mr. Nam, including: Pham Van Canh, former deputy secretary of the Provincial Party Committee, former chairman of the People's Council of Binh Duong province; Tran Thanh Liem, former Chairman of Binh Duong Provincial People's Committee; Nguyen Thanh Truc, former Vice Chairman of Binh Duong Provincial People's Committee; Tran Xuan Lam, former Chief Inspector of Binh Duong Province; Vo Van Luong, former Chief of Office of Binh Duong Provincial People's Committee; Ngo Dung Phuong, former head of Party finance department, Office of Binh Duong Provincial Party Committee; former Director, Deputy Director of Tax Department… Nguyen Dai Duong (son-in-law of Mr. Nguyen Van Minh, former Chairman of the Board of Directors cum General Director of Corporation 3-2). Mr. Nguyen Van Minh; Tran Nguyen Vu, former general director of Binh Duong Production-Export Corporation - Joint Stock Company, and Huynh Thanh Hai, chairman of Binh Duong Investment and Project Management Company Limited, were both prosecuted for "violating regulations". on the management and use of state assets, causing loss and waste" and the crime of "Embezzlement of property". 3 other defendants were prosecuted for the crime of "Embezzlement of property".

According to the indictment, on January 9, 2012, the accused Tran Van Nam, then Vice Chairman of Binh Duong Provincial People's Committee, signed an official letter approving the 3-2 Corporation to set up procedures for allocating land in the service area. Complex area. On the basis of the application for land allocation of the Binh Duong Import-Export Corporation and the report of the Department of Natural Resources and Environment of Binh Duong province, the accused Tran Van Nam, signed the Decision on land allocation with collection of land use levy. 43 ha and 145 ha for 3-2 Corporation.

According to the provisions of the land law, the land price to collect land use levy for 3-2 Corporation is applied at the time of land allocation mentioned above. However, the defendants of the Tax Department of Binh Duong province and the defendants of the Office of the People's Committee of Binh Duong province advised and proposed to apply the unit price of 51,914 VND/m2 according to the Decision of the People's Committee of Binh Duong province issued since dated December 27, 2006 to calculate land use levy for 3-2 Corporation 

Defendant Tran Van Nam, Vice Chairman of Binh Duong Provincial People's Committee, with his assigned responsibilities and duties, clearly knows the contents of the proposal to apply the 2006 average land price to collect land use levy according to the land allocation decisions in the year. 2012 and 2013 are against the provisions of the law, but still signed and promulgated Official Letter on January 23, 2012 to collect land use levy for 3-2 Corporation. This has caused a loss to the State more than 761 billion VND.

According to the indictment, the investigating agency also determined that in 2016, with a personal motive to appropriate and benefit from the land areas applied for the project, through the form of a joint venture with the European Real Estate Joint Stock Company. Lac was founded and operated by Nguyen Dai Duong (Mr. Minh's son-in-law) to establish Tan Phu Construction Investment Company Limited, in which Binh Duong Import-Export Corporation contributes 30% of the charter capital. After that, Nguyen Van Minh on behalf of Company 3-2 transferred the 43-hectare land to Tan Phu Company and transferred 30% of the contributed capital at Tan Phu Company to Nguyen Dai Duong's Au Lac Company.

The defendants Tran Van Nam, Secretary of the Provincial Party Committee (at that time), and the leaders of Binh Duong province knew that the transfer of the 43-hectare land area of ​​the 3-2 Corporation was against the law, but did not take measures to manage and preserve the State's assets, do not prevent or cancel the illegal transfer to return the 43-hectare land to Impco Company in accordance with the approval of the Provincial Party Committee. When there was public opinion about violations at the 43-hectare land, Tran Van Nam continued to direct the lower-level defendant to issue correction documents, adjusting the content that was incorrect in the nature of the pre-approved land use plan. that, in order to legitimize and conceal the mistakes of Nguyen Van Minh and the 3-2 Corporation.

When Nguyen Van Minh consulted on allowing 3-2 Corporation to transfer 30% of contributed capital at Tan Phu Company to Au Lac Company. In addition, Tran Van Nam continued to direct the issuance of a written approval for 3-2 to transfer 30% of the contributed capital of 3-2 Corporation which is currently owned at Tan Phu Company, resulting in all assets under the ownership of the Company. State ownership includes land use rights of 43 hectares and 30% of contributed capital has been transferred to private companies. The criminal acts of the accused have caused a loss of nearly 985 billion VND.

For the 145 ha land area, according to the land use plan approved by the Provincial Party Committee and the People's Committee of Binh Duong Province, Binh Duong Production-Export Corporation is allowed to continue using, managing, and inheriting the business value. industry after equitization. However, taking advantage of assigned positions and powers, with self-seeking motives and the purpose of creating conditions for 2 "backyard" companies with the interests of Nguyen Van Minh and Nguyen Thuc Anh (Minh's daughter) in the Joint venture, capital contribution with land use rights of 145 hectares when establishing Tan Thanh Investment and Development Joint Stock Company, Nguyen Van Minh directed and decided the policy along with the defendants at Corporation 3- 2 and other defendants classified and arranged the 145-hectare land area into the "Properties awaiting liquidation" section, without redefining the land use right value as prescribed to include in the enterprise value upon equitization. 

Defendant Thanh Liem, Chairman of the People's Committee of Binh Duong Province, Head of the Steering Committee for the equitization of 3-2 Corporation knew the policy of the Provincial Party Committee and approved the land use plan of the People's Committee of Binh Duong Province for the land area 145. ha must be inherited and included in the enterprise value upon equitization in accordance with law. However, this defendant still signed the Decision dated December 8, 2017 approving the enterprise value of 3-2 Corporation, in which there is no value of the land use right of 145 hectares. The above behavior Nguyen Van Minh, Tran Thanh Liem and accomplices caused a loss of more than 4,030 billion VND.

Regarding the act of embezzlement, with the aim of creating a source of money to repay previously used, Nguyen Van Minh created conditions for the Development Company established by his daughter Nguyen Thuc Anh and Tran Dinh Nhu Y to repay bank loans when contributing capital to Tan Thanh Company, and at the same time create conditions for Hung Vuong Company to have financial resources to pay the outstanding amounts owed to 3-2 Corporation. Taking advantage of his position and authority as the Chairman of the Board of Directors of 3-2. 

Corporation, Nguyen Van Minh issued the policy, decided and directed the appraisal of the value of the land use right of the 145 ha land area to create a difference value. Compared with the value of the land when it was put into capital contribution at Tan Thanh Company, bought, sold and transferred 19% of the shares to appropriate more than 815 billion VND of 3-2 Corporation.

Nguyễn Hưởng

Source: Báo Người lao động

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