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Ms. Duong Thi Bach Diep – Photo Documentation
This is a case related to the parcel of land at 185 Hai Ba Trung (HCMC), which caused damage to the State of 186 billion VND.
Mortgage assets before swap
According to records, Diep Bach Duong Company (represented by Ms. Duong Thi Bach Diep, is located at 179 bis Hai Ba Trung, Ward 6, District 3, Ho Chi Minh City) and Light Music Center (under the Department of Culture – Ho Chi Minh City Sports and Tourism) is assigned to manage the headquarters at 185 Hai Ba Trung.
Due to the deterioration of this facility, in 2007, the Light Music Center contacted Diep Bach Duong Company to cooperate in the investment and improvement of the venue.
Ms. Diep proposed to the center to find another equivalent property to exchange. This exchange allows Diep Bach Duong Company to accept the 185 Hai Ba Trung land and merge with the existing land to build a hotel and restaurant complex.
In return, Diep Bach Duong Company will support the construction of the center at another suitable location. Seeing the reasonable plan, Mr. Vy Nhat Tao (director of the Light Music Center in Ho Chi Minh City) agreed to this exchange plan.
Then, in February 2008, Ms Diep found land in 57 Cao Thang (District 3) and submitted a property exchange request to the Ho Chi Minh City People’s Committee and related agencies to exchange land 57 Cao Thang for land 185 Hai Ba Trung and Diep Bach Duong Company will support the light music center with 5 billion VND.
However, given this proposal, city leaders do not accept the exchange because the law does not have this provision.
The indictment identifies that, for the above to occur, there are irresponsible and irresponsible violations of staff in advising, proposing approval of the asset exchange, and issuing certificates and land use rights. Illegal home ownership.
However, after that, Ms Diep continued to mobilize the authorized persons for the exchange plan along with the proposal to repair the Light Music Center with the amount of 20 billion VND.
After that, Mr. Vy Nhat Tao invited Mr. Nguyen Thanh Rum (Director of the Department of Culture – Sports and Tourism of Ho Chi Minh City at the time) to visit 57 Cao Thang and introduced Mr. Rum to the Center benefits. light music. Mr. Rum held a meeting of the department’s board of directors and agreed to the exchange policy.
Ms. Diep then signed a mortgage agreement with 57 Cao Thang to borrow 21,860 gold taels from Agribank. This loan, Bach Duong Diep Company did not inform Mr. Vy Nhat Tao.
Agents commit violations for allowing the exchange
After that, Ms. Diep met with Mr. Nguyen Thanh Tai directly to propose to present the exchange plan. Mr. Tai consulted the chairman of the Ho Chi Minh City People’s Committee at the time and it was approved, but requested to go through the Finance Department; the Steering Committee proposed 09. Mr. Tai has directed the relevant agencies to do this.
However, in doing so, Ms. Dao Thi Huong Lan, former head of the Finance Department at the time, it was not based on the Prime Minister’s Decision 09 (on the reorganization and disposal of state-owned homes and land and the Law on the management and use of state assets).
Ms. Lan is aware that the above exchange is not in accordance with regulations and is also aware that legal ownership, non-dispute and mortgage of 57 Cao Thang owned by Diep Bach Duong Company is a prerequisite. Decisions, necessary to be able to exchange, but do not propose the direction and execution of the inspection and verification of the legal conditions of the property 57 Cao Thang.
Currently, the defendant Dao Thi Huong Lan has fled, the Ministry of Public Security CSDT has issued a prosecution decision, temporarily suspending the investigation of the case against the defendant.
After that, the exchange file was approved by the Ho Chi Minh City People’s Committee on the condition that Diep Bach Duong Company be responsible for building a new standard music center at 57 Cao Thang (included in the use value of land after expertise).
After accepting the exchange, Diep Bach Duong Company accepted the 185 Hai Ba Trung facility and related documents, but Ms. Diep did not deliver the real estate documents at 57 Cao Thang to the Music Center.
Upon receiving a 185 Hai Ba Trung land certificate, Ms Diep pledged a loan of VND 160 billion to Phuong Nam Bank. Currently, this debt is also identified as bad debts and the bank sold bad debts to other units. The property valuation agency determined that the land use right value of this parcel of land as of January 1, 2019 was VND352 billion.
The indictment says that so far, there is sufficient basis to determine that Duong Thi Bach Diep has seized state property in the amount of more than 186 billion VND. Therefore, the indictment clearly establishes that Duong Thi Bach Diep was responsible for returning and compensating this amount to the State.
