Roundly contributing capital to amass state property
In response to the investigation conclusion of the case “Violation of laws on administration and use of State property, inflicting loss and waste” occurred at Binh Duong Import-Export Manufacturing Company (3-2 Company). ) and a variety of associated items, the Felony Investigation Division decided that defendant Nguyen Dai Duong and his father-in-law Nguyen Van Minh, former Chairman of the Board of Administrators and Normal Director of 3-2 Company, had the function of mastermind, directed and operated. inflicting lack of State property amounting to over 300 billion VND.
The company decided that, by way 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 requested Nguyen Quoc Hung to behave as Normal Director and authorized consultant to amass the realm. this land.
In response to the defendants’ testimonies, Nguyen Dai Duong handed Mr. Nguyen Nam Thanh (Ford Capital Firm); Mrs. Nguyen Quynh Chau (Duong’s youthful sister); Ms. Nguyen Thuc Anh (Duong’s spouse) and Ms. Nguyen Thi Phong Lan (Duong’s mom) transferred the quantity of VND 24.2 billion to contribute capital to Au Lac Firm. Duong additionally requested Mr. Duong Dinh Tam to carry 45% of shares in Au Lac Firm in his title and “remunerate” him a complete of 4.5 billion VND.
Then, on July 1, 2010, Nguyen Quoc Hung signed a cooperation contract with 3-2 Company (represented by defendant Nguyen Van Minh), establishing a three way partnership Tan Phu Firm to purchase a 43ha land space. of 3-2 Company on the value of 570,000 VND/m2, though in line with the equitization plan of the Company authorized by Binh Duong Provincial Occasion Committee, the above land plot should be transferred to Impco Firm, which is a 100% owned enterprise. water managed by the provincial Occasion Committee. Within the above three way partnership, 3-2 Company holds 30% of the shares.
Son-in-law negotiates, father-in-law indicators to promote “golden land”
In 2016, Nguyen Dai Duong used the capital contribution of shareholders at Au Lac Firm to contribute 60 billion VND to Tan Phu Firm. Though there isn’t any coverage from the state company on the switch of 30% of the contributed capital in Tan Phu Firm to Au Lac Firm, Nguyen Dai Duong has negotiated and agreed with the feminine large Dang Thi Kim Oanh about Tan Phu Firm acquired the switch of 43ha land from 3-2 Company.
With the intention to facilitate Au Lac Firm, run by Duong, to carry out the contract with Ms. Dang Thi Kim Oanh, Mr. Minh directed the members of the Board of Administrators to comply with switch your entire residential – industrial – service challenge. Tan Phu service on 43ha land for Tan Phu Firm (really Au Lac Firm of Nguyen Dai Duong).
After that, it was Mr. Minh who was the consultant to signal the contract to switch the land lot to Tan Phu Firm for 250 billion VND. After buying the challenge, Au Lac Firm transferred it to Ms. Dang Thi Kim Oanh for 350 billion VND.
The police decided that defendant Nguyen Dai Duong and defendant Nguyen Van Minh had the function of mastermind, path, and executioner of the crime, inflicting a lack of State property amounting to over VND 300 billion within the deal. switch of the above challenge.
For the 145ha land space, although it has been labeled in Part A as “property in use” of 3-2 Company, Mr. Nguyen Van Minh nonetheless directed to vary it to Grade C as “property awaiting liquidation”.
On the identical time, Mr. Minh additionally directed the members of the Board of Administrators to deliver the 145ha land to contribute capital at Tan Thanh Firm with out conducting valuation, not together with in figuring out the enterprise worth when equitization. “This habits is in opposition to the regulation, inflicting a lack of state property of greater than 1,160 billion VND,” the investigation concluded.
The Felony Investigation Division concluded that defendant Minh’s habits was opposite to the approval of the Provincial Occasion Committee, opposite to the working constitution of the 3-2 Company and violated authorized laws, inflicting a lack of state property of greater than VND 1,400 billion. copper.
