On June 7, the Ho Chi Minh City Police Department said that in addition to being prosecuted for criminal responsibility in the case of selling 9 million shares of Saigon South Development Company (SADECO) to Nguyen Kim Company, Te Tri Dung (Former General Director of Tan Thuan Industrial Development Company Limited (IPC), Chairman of the Board of Directors of SADECO) has just been prosecuted by the Ho Chi Minh City Police Investigation Agency in 2 new cases related to The cheap sale of land at An Phu Tay Project, Binh Chanh district and the case of property embezzlement at Sepzone Linh Trung Co., Ltd., caused hundreds of billions of dong damage to the State.
Lost 127 billion dong from the sale of cheap land
IPC Company is a State-owned Enterprise owned by the People’s Committee of Ho Chi Minh City with 100% capital and Sadeco Company is a subsidiary of IPC Company (the capital of IPC Company accounts for 74.8%). In 1997, the People’s Committee of Ho Chi Minh City decided to assign Binh Chanh Investment and Construction Company to be the investor of the An Phu Tay resettlement project, Binh Chanh district, with a total area of 47ha to serve the relocation. Housing for people who have been cleared to build the North Nha Be – South Binh Chanh road and urban clusters D, E – Saigon South urban area.
In 2001, the People’s Committee of Ho Chi Minh City transferred An Phu Tay project to Sadeco Company as an investor, replacing Binh Chanh Investment and Construction Company. An Phu Tay project has a residential land area of 244,240.4m2 (construction of apartments and housing ground, 50% of which is residential land for resettlement; the remaining 50% Sadeco is allowed to do business) and public land area is 221,723.1m2.
In June 2008, IPC Company and Sadeco Company signed a contract with the content, IPC Company contributed capital with Sadeco Company to invest in infrastructure construction and received the land in An Phu Tay project. The total contract value is nearly 215 billion VND, including: 25,083m2 of house land (total of 151 plots) with unit price of 6.6 million VND/m2, 17,932m2 of construction land R1 apartment building with price of 2,750,000 VND/m2. .
To perform the contract, from 7/2008 to 11/2016, IPC Company transferred to Sadeco Company a total of nearly 209 billion VND and the land plots have been updated with the name for IPC Company on the Certificate of Use Right. land use.
After carrying out a number of necessary procedures, in February 2016, Te Tri Dung signed an Official Letter to the People’s Committee of Ho Chi Minh City and the Department of Construction proposing for IPC to be allowed to change the business form of all 554 foundations. land (including 151 plots mentioned above) of IPC Company in An Phu Tay project according to the method of selling price and suitable customers for the market, on the principle of maximum effective use of State capital.
With the above proposal, the People’s Committee of Ho Chi Minh City has allowed IPC Company to adjust the resettlement housing target to the commercial housing target for the entire foundation fund and apartments of IPC Company in the Settlement Area. An Phu Tay.
However, IPC Company decided to sell 149/151 of the above land plots to 3 individual customers, collecting an amount of more than 186 billion VND without reporting it and the City People’s Committee did not direct this transfer. The investigating agency asked the Property Valuation Council and concluded that the total market value of the 149 land plots mentioned above is 313.5 billion VND. Thus, IPC Company sold the above 149 land plots at a price lower than the market price of more than 127 billion dong.
According to the investigative agency, the above 151 land plots were transferred by IPC Company from Sadeco Company with the money of IPC Company, identified as State property. Te Tri Dung himself is the General Director of IPC Company and also the Chairman of the Board of Directors of Sadeco Company, so Dung knows the financial situation and business activities of these two enterprises.
During the process of holding the position of Chairman of the Board of Directors of Sadeco Company, Te Tri Dung was sent price notices by Sadeco Company to Sadeco Company to transfer the land plots in An Phu Tay settlement project with the lowest transfer price of 8,160 000 VND/m2, the highest is 14,880,000 VND/m2. This transfer price is higher than the price agreed by IPC Company with the customer, but Te Tri Dung still signed a transfer contract for 3 individual customers for 7 million VND/m2.
With the above behavior, Te Tri Dung was prosecuted for the crime of “violating regulations on the management and use of state assets, causing loss and waste”. Indicted for the same crime as Dung in this case, there are 3 other defendants, the former General Director of Sadeco Company and the former Deputy General Director of IPC Company.
Defendant Te Tri Dung.
Cheating to get the bonus
Mr. Te Tri Dung was also prosecuted by the Ho Chi Minh City Public Security Bureau for the crime of “embezzlement of property” that occurred at Sepzone Linh Trung Co., Ltd. This is a joint venture company between Vietnam and China.
Sepzone Linh Trung Company always has 6 members on the Board of Directors (Board of Directors), including 3 members who are foreigners (representing the Chinese side) and 3 members are Vietnamese who are appointed by IPC Company as representatives. capital area. IPC Company appoints Tran Thien Trung and Le Hoang Minh as the full-time capital representatives and Te Tri Dung (General Director of IPC Company) as the non-part-time representative at Sepzone Linh Trung Company.
According to the Government’s regulations as well as the regulations of the IPC Company, the non-specialized capital representative must pay the remuneration and bonus received to the representative company to form the general fund. Pay according to the level of task completion. However, in order not to have to pay the bonus to the IPC Company, Te Tri Dung directed Le Hoang Minh and Tran Thien Trung to receive the bonus of Te Tri Dung at Sepzone Company, then hand it over to Te Tri Dung to use. use.
The results of the investigation showed that: Sepzone Linh Trung Company actually paid a total bonus of 1,360,500,000 VND (equivalent to 60,000 USD) to Te Tri Dung for members of the Board of Directors, which was legally in the form of “paying more for the Board of Directors”. to Tran Thien Trung and Le Hoang Minh (full-time capital representative of IPC) so that Te Tri Dung would not have to pay the above amount to IPC.
Te Tri Dung himself understands the regulations and his responsibility as the part-time representative of the IPC Company is to pay the bonus divided to Dung to the IPC Company. However, at Sepzone Linh Trung Company, Te Tri Dung asked the Board of Directors of Sepzone Company to make a Table “Distribution of profits in 2016 and 2017” without Te Tri Dung’s name to receive money, but to name Le Hoang Minh and Tran Thien. Trung received in the form of an extra bonus, to hide the amount of money that Te Tri Dung was rewarded.
It is known that the two cases above were separated from the case that happened at IPC Company and Sadeco Company, which was monitored and directed by the Central Steering Committee for Anti-corruption. In this case, Te Tri Dung and Ho Thi Thanh Phuc (former General Director of Sadeco) committed many violations in increasing charter capital at Sadeco Company in the form of issuing 9 million shares to strategic shareholders. is Nguyen Kim Company with the price of 40,000 VND/share without going through price appraisal and auction, thereby causing damage to Sadeco Company more than 1,103 billion VND.
At the time of the case, Tat Thanh Cang was the Permanent Deputy Secretary of the Ho Chi Minh City Party Committee in charge of the Office of the City Party Committee. Although fully understanding the regulation that the sale of additional shares of Sadeco Company must conduct auction and appraise the value of shares, Tat Thanh Cang still approved “Agree” to the policy of issuing shares, not only The director of the Office of the Ho Chi Minh City Party Committee (the capital representative at Sadeco Company) has an opinion on the auction and price appraisal according to regulations.
At the first-instance trial on January 8, the People’s Court of Ho Chi Minh City sentenced Te Tri Dung to 20 years in prison, and Ho Thi Thanh Phuc to 16 years in prison for 2 crimes: “Embezzlement of property” and “Violation of regulations on management”. , using State property causing loss and waste”.
at Blogtuan.info – Source: Soha.vn – Read the original article here
