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How did Mr. Tran Van Nam cause damage in the Binh Duong golden land case?

Tuesday, March 15, 2022 08:13 AM (GMT+7)

The former Secretary of the Provincial Party Committee and the former Chairman of the People’s Committee of Binh Duong Province were both proposed to be prosecuted in the 3/2 Corporation case with a penalty of up to 20 years in prison.

The Investigation Police Agency of the Ministry of Public Security has just completed the conclusion of an additional investigation into the case that occurred at Binh Duong Import-Export Production Corporation (Corporation 3/2). Accordingly, the investigating agency proposed the Supreme People’s Procuracy to prosecute 28 defendants, of which 22 were accused of violating regulations on management and use of state assets, causing losses and waste; three people for embezzlement of property and three people for both of these crimes.

Manipulating the company, causing damage to the budget 1,850 billion VND

According to the conclusion of additional investigation, in 2003, Binh Duong Provincial People’s Committee applied for approval of the project to develop Binh Duong Industrial – Service – Urban Complex with an area of ​​4,300 ha in order to create a land fund for the development of regional projects. industry, service, high-class urban area.

A year later, the province adjusted the general planning project of the complex, including a service area with an area of ​​613 hectares including a golf course, racetrack, other service land… The investment level of the complex is 3,061 billion VND, of which compensation costs are 1,720 billion VND.

To make compensation for site clearance, Binh Duong Provincial People’s Committee issued documents on land allocation to 3/2 Corporation.

How did Mr. Tran Van Nam cause damage in the Binh Duong golden land case?  - first

Mr. Tran Van Nam (small photo) and the “golden land” area related to the case. Photo: KABILITY

In 2011, because the race track category was not licensed, the province adjusted the function of the service area to become a high-class residential – urban – commercial service area, and at the same time adjusted the use structure of 563.24 hectares of land. in which zone B covers 43 ha and zone D covers 145 ha.

However, when the service area was still in the planning policy and the projects had not been approved, Mr. Nguyen Van Minh (former chairman and general director of 3/2 Corporation) directed the contract signing. joint venture with partners to implement projects on these two lands.

Then, under the direction of Mr. Minh, the corporation put the 145-hectare land into joint venture capital at Tan Thanh Company with a low value. Until equitization, the corporation did not re-valuate this land to include in the enterprise value determination.

Similarly, with a land area of ​​43 hectares, it should have been transferred to Binh Duong Investment and Project Management Company Limited – Impco, but Mr. Minh took advantage of his position to direct his subordinates in transferring the land to Binh Duong. for Tan Phu Company.

Mr. Minh was accused of “manipulating the activities of the Board of Directors of 3/2 Corporation for personal purposes”. The accused’s criminal behavior is the direct cause of damage to state property of more than 1,850 billion VND.

The investigation conclusion determines that the former chairman of 3/2 Corporation has the role of an organizer in the case with an accomplice, must bear the main responsibility for all the consequences caused, and needs to be handled with a copy of the report. severe punishment for education, deterrence and general prevention.

In particular, in order to cover up the wrongdoing, former Secretary of Binh Duong Provincial Party Committee Tran Van Nam directed his subordinates to adjust official documents, falsifying the nature of official documents related to the land. These acts involved in causing damage to the State nearly 202 billion VND.

Adjust the official letter to hide the mistake

According to the conclusion of the Police Department of the Ministry of Public Security, during the implementation of the complex project, the Binh Duong provincial authorities should have collected land use fees (in two areas of 43 ha and 145 ha) from the General Public company 3/2 at the price at the time of land allocation, ie 2012. However, the money collected to the state budget only applies the price of 2006, which is many times cheaper, resulting in more than 760 billion dong of damage. .

Regarding personal responsibility, Mr. Tran Van Nam (former secretary of Binh Duong Provincial Party Committee) was determined that although he knew that the proposal to impose land prices in 2006 was against the regulations, he still decided to implement it. The defendant’s acts directly caused a loss to the state budget of the above amount.

With a land area of ​​43 hectares, the investigation agency said that after making a mistake on land transfer, in the context of “handling the matter already”, Mr. Nam could completely make a decision to force the Corporation 3/2 to fix the problem. consequences and comply with regulations.

However, due to personal motives, the accused decided to intentionally let 3/2 Corporation continue to commit further illegal acts, not requesting that the 43-hectare land be brought back to Impco. the approved land use plan.

In particular, to conceal his mistakes, the former secretary directed his subordinates to adjust official documents, falsifying the content of official documents related to the land. These acts involved in causing damage to the State nearly 202 billion VND.

Another defendant with similar behavior is Mr. Tran Thanh Liem, former chairman of Binh Duong Provincial People’s Committee. During the equitization process of 3/2 Corporation, Mr. Liem was determined to know that the enterprise had illegally transferred land but still agreed, creating conditions for Nguyen Van Minh and his accomplices to complete the transfer of house assets. water to private sector, causing damage of nearly 202 billion dong.

The former chairman also knew that the 145-hectare land had been invested by 3/2 Corporation to contribute capital at Tan Thanh Company, but the defendant still issued a decision to put the land in the category of assets pending liquidation, contrary to regulations. under the law. This behavior caused damage of nearly 1,650 billion VND.

Both defendants are proposed to be prosecuted for violating regulations on management and use of state property, causing loss and waste, according to Clause 3, Article 219 of the Penal Code 2015, with a penalty of 10-20 years in prison.

Embezzlement of more than 815 billion dong, facing the death penalty

With the purpose of creating a source of money to repay due to previously used and creating conditions for his daughter’s company to repay the bank debt, defendant Nguyen Van Minh directed the appraisal of the value of the land use right of the 145 ha land area to create a different value compared to the value of the land when it is put into capital contribution at Tan Thanh Company.

The defendant bought, sold and transferred 19% shares to appropriate more than 815 billion VND of 3/2 Corporation – JSC (name of company after equitization, the State kept 60.9758% of charter capital) .

Therefore, Mr. Minh and five other defendants are proposed to be prosecuted for embezzlement of property, according to Clause 4, Article 353 of the Penal Code 2015 (the penalty frame ranges from 20 years to life imprisonment, death penalty).

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