Do not prosecute the case that Quoc Cuong Gia Lai Company was accused of appropriating VND 2882 billion

On March 22, the Ho Chi Minh City Public Security Bureau of Investigation decided not to prosecute a criminal case according to the denunciation filed by Sunny Island Investment Joint Stock Company (hereinafter referred to as Sunny Island Company) against the Company. Quoc Cuong Gia Lai shares (Quoc Cuong Gia Lai Company) on behavior deceitful appropriation 2,882 billion VND.

According to the denunciation, Quoc Cuong Gia Lai Company was approved by the People’s Committee of Ho Chi Minh City to be the investor of a technical infrastructure construction project in Bac Phuoc Kien residential area, Nha Be district with an area of ​​90ha. Quoc Cuong Gia Lai then gave information about the compensation and clearance land area of ​​84ha.

At the same time, in the contract of purchase and sale signed with Sunny Island, it was recorded that compensation and site clearance were 92% of the project area. However, based on the area on the land use right certificates that Quoc Cuong Gia Lai assigned to Sunny Island to keep, only 64.2 hectares of the 84 hectares above were compensated.

Then, Ms. Nguyen Thi Nhu Loan, General Director of Quoc Cuong Gia Lai Company, said that she was slandered by a partner related to the project of Bac Phuoc Kieng residential area, Nha Be district, Ho Chi Minh City.

Quoc Cuong Gia Lai Company said that the contract between the company and Sunny Island is a contract to promise to buy and sell the Bac Phuoc Kien residential project, not a project sale contract. The content of the contract clearly states that until the project is legally eligible for transfer, the two parties will sign the project transfer contract.

However, when signing this contract in March 2017, Quoc Cuong Gia Lai Company was recognized by the People’s Committee of Ho Chi Minh City as winning the contract and is the investor of the project. In addition, Quoc Cuong Gia Lai Company has also been proposed by the Department of Construction to Ho Chi Minh City People’s Committee as the investor of the technical infrastructure construction project of Bac Phuoc Kieng residential area.

At this time, the company also approved the 1/500 plan including: low-rise buildings, villas, townhouses, apartments and social housing… Right after signing, Sunny Island Company was approved by Quoc Cuong Company. Gia Lai handed over all legal documents.

Including the red book of more than 65ha projects, worth nearly 11,000 billion VND according to the price of the promised purchase and sale contract in 2017, while so far Sunny Island has only paid about 2,882 billion VND.

Therefore, Quoc Cuong Gia Lai Company sued Sunny Island Company to VIAC to adjudicate Quoc Cuong Gia Lai to terminate the contract, because Sunny Island Company violated the contract and did not pay on time.

Quoc Cuong Gia Lai Company said that Sunny Island’s failure to make payments on schedule according to the contract has caused a lot of difficulties for the company during the past 5 years. As a result, the price of compensation for ground clearance of the remaining land in the project increased from 2 to 300%. The time limit for implementing project investment expires in 2020, changing legal regulations causes the company to start over, causing thousands of billions of dong in damage to the company.

During the investigation process, the Ho Chi Minh City Police Department determined the content of the contract of promise to buy and sell in March 2017 showing the legal status of the project being proposed by the Department of Construction to the People’s Committee of Ho Chi Minh City to recognize the International Company. Cuong Gia Lai is the investor of an investment project to build technical infrastructure, Phuoc Kien commune, Nha Be district.

Quoc Cuong Gia Lai Company will carry out the necessary procedures to be approved as the investor of the project. Up to now, the People’s Committee of Ho Chi Minh City has not issued a decision to allocate land to Quoc Cuong Gia Lai Company. In addition, the documents recognizing and approving Quoc Cuong Gia Lai Company as the investor of the above project have expired.

Currently, Ho Chi Minh City People’s Committee directs functional departments to guide Quoc Cuong Gia Lai Company to set up investment procedures for this project in accordance with the law.

According to the Law Readers