The investigation company of the Ministry of Public Safety has simply concluded the investigation and proposed to prosecute 21 defendants for the crime of “violating rules on administration and use of state property, inflicting loss and waste” occurring on the Basic Public Safety Bureau. Binh Duong manufacturing – import and export firm (3-2 Company) and numerous associated models.
Based on the conclusion of the investigation, defendant Nguyen Dai Duong and his father-in-law Nguyen Van Minh, former Chairman of the Board of Administrators and Basic Director of 3-2 Company, performed the primary position in mastering, directing and working, inflicting monetary loss. State property with an quantity of over VND 300 billion within the switch of a land plot of 43 hectares (in Thu Dau Mot Metropolis, Binh Duong).
Particularly, by means of his father-in-law, Nguyen Dai Duong knew that 3-2 Company had a land space of 43 hectares, so he agreed to ascertain Au Lac Firm and let Mr. Nguyen Quoc Hung act as Basic Director and authorized consultant to amass the realm. this land. Nguyen Dai Duong additionally requested numerous people who’re members of the family and associates to contribute capital to this firm within the title of the family.
Then, on July 1, 2010, Nguyen Quoc Hung signed a cooperation contract with 3-2 Company (represented by defendant Nguyen Van Minh), established a three way partnership Tan Phu Firm to purchase a 43ha land space. of 3-2 Company on the worth of 570,000 VND/m2, though in line with the equitization plan of the Company authorized by Binh Duong Provincial Social gathering Committee, the above land plot should be transferred to Impco Firm which is a 100% owned enterprise. the state is managed by the provincial Social gathering Committee. Within the above three way partnership, 3-2 Company holds 30% of the shares (equal to 60 billion dong); Au Lac Firm contributed 140 billion VND (equal to 70%).
“On the time the events signed the above-mentioned contract to purchase and promote, the 43ha land space was not below the administration and possession of 3-2 Company however below the administration and possession of the State by the Binh Dinh Provincial Social gathering Committee. Duong has authorized and requested to switch the land to Impco Firm and 3-2 Company continues to be holding 30% of constitution capital in Tan Phu Firm.
To legalize the “shake palms” with the son-in-law, July 8, 2010 (one week after signing contract with Au Lac Firm), Defendant Nguyen Van Minh convened a gathering of the Board of Administrators of 3-2 Company to unanimously difficulty a Decision on cooperation within the mission implementation on the 43ha land space. After that, I utilized for the coverage of Binh Duong Provincial Social gathering Committee to ascertain Tan Phu Firm.
Nonetheless, by 2015, Company 3-2 was equitized. Based on the land use plan authorized by the Provincial Social gathering Committee, this company needed to switch the 43ha land lot to Impco Firm (an enterprise with 100% capital in Vietnam). managed by the State Social gathering Committee of Binh Duong Province).
Right now, seeing that the plot was at risk of slipping out of hand, the defendants requested the 3-2 Company to switch the 43ha plot of land to Tan Phu Firm.
However, Nguyen Dai Duong immediately negotiated with Ms. Dang Thi Kim Oanh to signal a contract to vow to purchase and promote to Thuan Loi Firm (represented by Mr. Thuan Loi firm purchased the entire mission of Tan Phu residential – industrial – service space on 43ha land for 350 billion dong by shopping for 100% of Au Lac Firm’s contributed capital at Tan Phu Firm. Au Lac commits to obtain 30% of the contributed capital of 3-2 Company at Tan Phu Firm to switch 100% of capital at Tan Phu Firm to Thuan Loi Firm, if not, will compensate 800 billion VND. copper”.
As a way to facilitate Au Lac Firm, run by his son-in-law, to carry out the contract with Ms. Kim Oanh, defendant Nguyen Van Minh directed the members of the Board of Administrators to comply with switch 30% of the above shares to Au Firm. Misplaced.
On November 30, 2016, Nguyen Van Minh held a gathering of the Board of Administrators of the Company 3/2 determined to switch 43ha of land to Tan Phu Firm with the agreed worth from 6 years in the past of 570,000 VND/m2. Though Tan Phu Firm has solely paid 140/250 billion VND, 3/2 Company nonetheless proposed to vary the title and hand over the Land Use Proper Certificates to Tan Phu Firm.
After holding 100% of the capital at Tan Phu Firm and the mission on a 43ha land, Au Lac Firm of Nguyen Dai Duong has transferred it to Ms. Dang Thi Kim Oanh’s firm for 350 billion VND…
Have to get well state property
Giving their opinion on the above case, authorized specialists mentioned that it’s essential to get well the property of 43 hectares of land talked about above. As a result of, the precise harm of the case can solely be overcome when your complete land space is returned to the State, whether it is assigned to a brand new investor, it should undergo public sale procedures.
The 43ha land space was transferred towards the legislation
Speaking to Tien Phong, lawyer Diep Nang Binh, Head of Tinh Thong Legislation Workplace – Ho Chi Minh Metropolis Bar Affiliation analyzed, on the time Tan Phu firm (a three way partnership between 3-2 firm and Au Lac) promised to purchase. , promised to promote to Kim Oanh Firm, the 43ha land plot continues to be owned by the state, so the possession continues to be below the state (possession, use, disposition). Subsequently, the sale and buy contracts shaped with the mistaken topic are void.
The conclusion of the investigation decided that 3/2 Company had submitted to the investigating company the sum of money that was thought of the harm of the case. The cost of this quantity doesn’t make the unlawful switch transaction authorized, leading to Kim Oanh Firm nonetheless proudly owning Tan Phu Firm with a land space of 43 hectares, illegally benefiting from the precious land. this trillion.
As well as, lawyer Tran Tuan Anh – Minh Bach Legislation Agency mentioned that within the above case, the prosecuting companies have decided the acquisition and sale of 43 hectares of land that the defendants have made. is opposite to the legislation, the aim of the criminals is to amass “golden land” at a low worth, inflicting particularly nice harm to the State finances, due to this fact, that is thought of a instrument. , means for these defendants to commit crimes.
“Based on authorized science, the 43ha property of “golden land” and associated data and paperwork are thought of as proof of the case. Subsequently, in line with the legislation, these property should be distrained for the Trial Panel to determine when adjudicating the case. This proof should be confiscated and remitted to the State finances in line with the provisions of Article 106 of the Legal Process Code. That is the simplest authorized measure to get well state property in financial and corruption circumstances.” – lawyer Tuan Anh mentioned.