The sale of ‘golden land’ in Binh Duong caused more than 5,000 billion VND in damage

On May 6, the Supreme People’s Procuracy prosecuted 28 defendants, including Mr. Tran Van Nam (former Secretary of Binh Duong province) and Tran Thanh Liem (former Chairman of Binh Duong People’s Committee), Pham Van Canh (former deputy secretary of Binh Duong province). Standing Provincial Party Committee) was prosecuted by the Supreme People’s Procuracy for crimes Violations against regulations on management and use of state assets, causing loss, waste, under Clause 3, Article 219 of the Penal Code.

Mr. Nguyen Van Minh, Chairman of the Board of Directors and General Director of 3/2 Corporation, was prosecuted for the crime Violation of regulations on management and use of State assets, causing loss and waste and Property embezzlement.

The case will be tried in Hanoi. The Supreme People’s Procuracy assigned the Hanoi People’s Procuracy to exercise the right to prosecute and supervise the first-instance trial of this case. Regarding civil liability and material handling, the Procuracy proposed that the Hanoi People’s Court base on the legal provisions to compensate for damage and handle material evidences according to regulations.

According to the indictment, in 2011, Binh Duong Import-Export Production Corporation (3/2 Corporation) asked to be allocated two plots of land in the provincial complex, including 43 hectares of land to build Tan Phu residential area and 145 hectares. building golf courses, resorts. In 2012, Mr. Tran Van Nam, then vice chairman of the Provincial People’s Committee, signed a decision to allocate 43 hectares and 145 hectares of land to 3/2 Corporation in the form of “land allocation with collection of land use fees”.

However, the accused, who are leaders of the Tax Department and officials of the Office of the Provincial People’s Committee, have advised and proposed to apply the unit price since 2006 to collect land use fees with the 3/2 Corporation. The Procuracy said that Mr. Nam was aware that Binh Duong Tax Department’s proposal to impose land prices in 2006 to calculate land use fees assigned to the Corporation on February 3, 2012 was against the law, but he still allowed it to be implemented.

The behavior of Mr. Nam and his accomplices is accused of causing a loss of State assets of more than VND 761 billion.

The indictment also determined that, from 2015, 3/2 Corporation started equitization. The defendants, who are leaders of the Provincial Party Committee, People’s Committee of Binh Duong Province and a number of provincial advisory agencies, all know that Mr. Nguyen Van Minh and his accomplices transferred 43 hectares of land and 30% of contributed capital at Tan Phu Company to private individuals. is illegal, causing loss of State property.

However, the group of former provincial leaders did not stop the accused Minh’s behavior and demanded that the State recover the property. Some former leaders even legalized procedures for Nguyen Van Minh to complete the transfer of State assets to a company established by his son-in-law and sold to a private company.

The value of the 43 ha land area at the time of prosecution of the 2019 case was VND 1,335 billion, so the defendants were accused of causing damage of VND 984 billion.

At 145 hectares of land, the Procuracy said that defendant Nguyen Van Minh and his daughter Nguyen Thuc Anh sought to acquire by taking them to joint ventures and contributing capital. The Provincial Party Committee required the land to be left for 3/2 Corporation to use after equitization. However, Nguyen Van Minh has put 145 hectares into the list of “assets awaiting liquidation” so as not to determine the value of land use rights.

The land was then contributed capital to Tan Thanh Company and then transferred between businesses in Mr. Minh’s backyard. The mistakes made 3/2 Corporation only collect 442 billion VND while the real value is 4,472 billion VND. Since then, defendant Nguyen Van Minh and his accomplices caused a particularly large loss of money, more than 4,030 billion VND.

In addition to the above violations, Mr. Nguyen Van Minh is also accused of embezzling property with his accomplices. For the purpose of the Development Company of the defendant Thuc Anh (Mr. Minh’s daughter) to repay the bank loan 132.8 billion VND To contribute capital to Tan Thanh Company, Mr. Minh set up a policy for 3/2 Corporation to receive the transfer of 19% of contributed capital from Tan Thanh Company. At the end of 2018, he held a meeting and agreed to let 3/2 Corporation buy back 19% of Tan Thanh Company’s capital at a cost of more than 964 billion VND.

The value of each share of Tan Thanh was just over 16,000 VND, but the father and son Minh and his accomplices transferred it for more than 105,000 VND/share (the difference is more than 89,000 VND/share), causing a loss of 815 billion VND. This money is accused of embezzlement in the case. Of these, the Procuracy determined that Mr. Minh directly occupied more than 154 billion VND.

Pham Du