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HCMCMs Duong Thi Bach Diep was said to “outperform” city leaders by exchanging homes for the Light Music Center headquarters on Hai Ba Trung Street, earning VND352 billion.
On September 16, the police agency investigating the Ministry of Public Security completed the conclusion of the investigation, requesting the Supreme VKSND to prosecute Ms. Duong Thi Bach Diep (72 years old, Director of the Diep Bach Duong Company) for behavior Fraudulent appropriation of assets according to article 174 of the Penal Code of 2015.
Regarding the case, Mr. Nguyen Thanh Tai (former Permanent Vice Chairman of the Ho Chi Minh City People’s Committee); Dao Anh Kiet (former director of the Department of Natural Resources and Environment); Tran Nam Trang (former Deputy Director of the Finance Department); It was proposed that Nguyen Thanh Rum (former director of the Department of Culture, Sports and Tourism), Vy Nhat Tao (former director of the Ho Chi Minh City Center for Light Music) and 3 other people be prosecuted on charges. Lack of responsibility has serious consequences according to article 285 of the Penal Code of 2015.
Regarding the case, the former director of the Ho Chi Minh City Department of Finance, Dao Thi Huong Lan, has fled, the investigative agency is sought, will handle it later.
The authorities identified the defendant for violating the rules on management and exchange of public goods at the Light Music Center (under the Department of Culture of Ho Chi Minh City) on Hai Ba Trung Street with Diep Bach Duong Company, Agribank branch . HCMC and related agencies.
According to the investigation’s conclusion, Diep Bach Duong Company, based at 179 bis Hai Ba Trung (Ward 6, District 3) was established by two members Duong Thi Bach Diep and his daughter (in Austraulia). The company has the function of negotiating hotels, leasing factories, building … At this time, Ms Diep is famous as a real estate giant because she owns a large and favorable land fund in Ho Chi Minh City.
Nearby, No. 185 Hai Ba Trung Street is the headquarters of the Light Music Center (TTCNN). Due to the degradation of the facilities, in 2007, the center contacted several construction companies to cooperate, upgrade and renovate, including the Diep Bach Duong company.
Ms. Diep suggested that Mr. Vy Nhat Tao change the State Techmart headquarters to another area of land and supported the construction of a more modern and large-scale center. After that, it will consolidate its corporate headquarters and theater in a larger area on Hai Ba Trung Street, building a 5-star hotel complex. Seeing this plan more feasible than repairing the State Property Center, Mr. Vy Nhat Tao supported.
Ms. Diep then found the land at 57 Cao Thang, District 3, suitable for trade conditions. The giant woman used Diep Bach Duong Company status to petition the Ho Chi Minh City People’s Committee to do this.
Mr. Vy Nhat Tao has mobilized many internal meetings, agreed to present the plan to the Department of Culture, Sports and Tourism. However, with this “property exchange request”, the city leaders do not accept it because there is no legal basis to resolve.
For a long time, Ms. Diep has mobilized and persuaded competent individuals and organizations to implement the plan. The “property exchange request” along with the proposed financing for the repair and restoration of the state Techmart 20 billion VND, was then transferred to Mr. Nguyen Thanh Tai – Permanent Vice Chairman of the Ho Chi Minh City People’s Committee.
The investigating agency determined that in the exchange relationship, Ms. Diep and Mr. Tao had an agreement. While the People’s Committee of Ho Chi Minh City, the Department of Culture, Sports and Tourism has had no opinion, the Director of the Foreign Trade Center has repeatedly held leadership meetings and signed many documents proposing the implementation of the plan. Mr. Tao also invited Mr. Nguyen Thanh Rum to visit 57 Cao Thang’s land and “draw” the construction plans, convincing him to benefit the Center. Mr. Rum then held a meeting of the Department’s Board of Directors, agreed to the policy, and notified the State Securities Corporation to implement it.
Ms. Diep used the 57 Cao Thang land legal ownership certificate as the basis for the exchange, but did not hand it over. The giant woman then used the mortgage deeds to lend 21,860 taels of gold to Agribank HCMC without notifying Mr. Tao.
Upon receipt by the head office of the State Finance Center No. 185 Hai Ba Trung and her papers, Ms Diep took a mortgage for Southern Bank (which has merged with Sacombank) a loan of VND 160 billion. Currently, the land is valued at 352 billion VND, the damage of the case.
In addition, as of May 31, 2019, Diep Bach Duong Company has an outstanding principal balance of more than 2.9 billion VND at Agribank, an interest debt of 2.583 billion VND – it belongs to bad debt group 5. Currently , Agribank has sold debts to the Company. Vietnam Asset Management Company Limited (VAMC).
In the case, Mr. Nguyen Thanh Tai was identified as the most responsible person. For the investigating agency, the defendant said that he was a permanent vice president but that he was not assigned to manage and reorganize state assets. Hearing Vy Nhat Tao and Ms. Diep talk about the exchange proposal convinced them, because Ms. Diep built a 5-star hotel that would bring benefits to the city. Because he is not in the field he is in charge of, Mr. Tai informs the chairman of the Ho Chi Minh City People’s Committee, Le Hoang Quan, and gets approval. Mr. Quan assigned Mr. Tai to directly lead this exchange.
According to Mr. Tai, he himself is aware of the legal ownership, without disputes, the mortgage of the house 57 Cao Thang of Diep Bach Duong Company is a prerequisite and mandatory to make the exchange, but He failed again when he did not direct inspection and verification of legal conditions. Because you think TTCNN and Steering Committee 09 will do this.
Mr. Tai believes that he is not interested in himself or has a personal motive. But as the person who accepts the policy and directs the settlement of the exchange, he will be responsible for the consequences that occur.
Among the accused, Mr. Nguyen Thanh Tai and Dao Anh Kiet are due to appear in court today for the crime. Violation of regulations on the management and use of state property causes loss and waste According to clause 3 of article 219 of the Penal Code of 2015, the penalty frame is 10 to 20 years in prison, for the illegal allocation of 5,000 m2 of “golden” land to companies.
In the process of investigating a mistake by Duong Thi Bach Diep, the authorities discovered that Agribank Ho Chi Minh City granted him a loan based on an unworkable plan, unable to pay the debt, there are indications of violation. 3, Clause 4 Article 7 on Loan Conditions and Clause 2 Article 15 on Loan Assessment and Decision are specified in the Loan Regulations issued under the Decision of the Governor of the State Bank of Vietnam.
Diep Bach Duong Company has committed fraud by making financial statements and providing false information about the business capacity and purpose of the loan. After being disbursed, this company used the money to purchase debt at Seabank. Currently, with a debt balance of 5.244 billion VND, while the collateral is only 2.168 billion VND, it is not recoverable and shows signs of capital loss (bad debt group 5).
The investigating agency has separated this violation in another case, continues to investigate.
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