[ad_1]
On December 16, the CSDT Ho Chi Minh City Police Department issued the decision to prosecute the case, the decision to prosecute the defendant, and the arrest warrant to detain Mr. Tat Thanh Cang (Deputy Head of the Committee Ho Chi Minh City Historic Building Director; Former Deputy Secretary of the Standing Committee of the Ho Chi Minh City Party Committee) to investigate the crime of “Violation of the regulations on the administration and use of state property, causing wasteful losses” .
Related to the sale of 9 million shares in Sadeco
The Permanent People’s Council of Ho Chi Minh City on the afternoon of the same day made the decision to suspend the status of member of the People’s Council of the City for the period 2016-2021 for Mr. Tat Thanh Cang.
Mr. Tat Thanh Cang is found to have an infringement related to the sale of 9 million shares in the Saigon South Development Joint Stock Company (Sadeco).
In May 2019, the Ho Chi Minh City police investigation agency prosecuted the defendant and arrested Mr. Te Tri Dung (Managing Director of Tan Thuan Industrial Development Company Limited (IPC), former Managing Director of Sadeco.) To investigate two crimes of “Misappropriation of property” and “Violation of the rules on the management and use of State property causing losses and waste.” In connection with this case, the investigating agency also prosecuted 13 other people.
In 2015, IPC has a 44% stake in the capital stock of Sadeco. In November 2016, Nguyen Kim Company (abbreviated as Nguyen Kim) submitted a proposal to buy shares to become a strategic shareholder in Sadeco. Mr. Te Tri Dung, Mr. Tran Dang Linh (Deputy Director General of IPC), Ms. Ho Thi Thanh Phuc (Director General of Sadeco) and Mr. Tran Manh Khoi (Deputy Head of the Supervisory Board of Sadeco) voted 100% of the plan to increase. capital stock in the form of a share issue to a strategic shareholder, Nguyen Kim Company. In October 2017, Nguyen Kim Company transferred the payment to Sadeco 360 billion VND.
The police carried out the decision to prosecute, arrest and detain Mr. Tat Thanh Cang Photo: POLICY SUPPLY
The Ho Chi Minh City inspector concluded, pointing out many IPC errors, including the issuance of 9 million Sadeco shares to strategic shareholder Nguyen Kim Company … causing the city’s budget to suffer more than one hundred thousand. million dong. . In particular, Mr. Dung has many “moves” to help Nguyen Kim acquire Sadeco with 54% of the shares, IPC only 28.8%.
Before “selling” Sadeco’s voting rights to Nguyen Kim, in 2015, the state-owned group of shareholders also sold 5,235,683 shares of Sadeco to Exim Company, nominal value 10,000 VND / share, price 26,100 VND. /share.
After that, Exim Company transferred all these shares to Nguyen Kim Company at 57,000 VND / share. In early 2017, the Saigon South real estate land rush (where Sadeco has many major large-scale land projects), the price rose a lot, so the damage was indeed very great.
According to the city inspector, the nature of this case is the appointment of a strategic partner (Nguyen Kim Company) and the designation of the sale price of the shares is not legally assessed by the organization. This action is “against the law”, resulting in a loss of at least 153 billion dong (only difference in share price).
The city inspector also confirmed that the proposal to appoint shares for Nguyen Kim Company to mobilize investment capital for projects is not true. Nguyen Kim Company does not openly and transparently buy or sell shares with Exim Company, naming 3 people to have their own name shows that at the time of buying Exim Company shares, Nguyen Kim Company had a plan. This business acquisition plan (DN) at low prices by issuing shares to strategic shareholders.
Regarding the above “mission”, the City Inspector determined that IPC did this in accordance with Document No. 495 of May 18, 2017 transmitting the approval of the policy of the Permanent Under Secretary of the City Party Committee (This time is Mr. Tat Thanh Cang – Reporter).
Serious violation
On December 26, 2018, the Ninth Central Conference, Session XII approved the discipline of Mr. Tat Thanh Cang in the form of: Removing the member of the Central Committee of the Party during the period XII, Permanent Deputy Secretary of the Party Committee, Member of the Committee. The Standing Committee of the Ho Chi Minh City Party Committee for the period 2015-2020 has been due to very serious deficiencies and violations.
The Central Inspection Committee concluded: Mr. Tat Thanh Cang violated the principle of democratic centralization and labor standards; violation of the competence, principles and procedures of work management; violate the regulations of the City Party Committee on the management and use of assets in enterprises owned by the City Party Committee and the law when deciding the policy of business cooperation, transferring projects, transferring the right to use use of enterprise land under the City Party Committee. In addition, Mr. Cang also endorsed the policy of allowing the City Party capital representative to vote to issue shares to the strategic shareholders of the company; Irresponsible, lazy leadership, direction, lack of supervision and oversight, so the assigned fields have many infractions of the law, causing great damage to the municipal budget of the Party.
While serving as a member, member of the City People’s Committee, Director of the City Department of Transportation, Mr. Tat Thanh Cang violated the laws on land and construction investment management by signing the decision. project approval, signing of the investment project contract for the construction of 4 main roads in the new urban area of Thu Thiem.
Previously, the Standing Committee of the City Party Committee unanimously proposed the discipline of Mr. Tat Thanh Cang for his involvement in the violations in the Phuoc Kien residential area project (Nha Be district). According to the conclusion of the Inspection Committee of the Ho Chi Minh City Party Committee, Mr. Tat Thanh Cang, as Permanent Deputy Secretary of the City Party Committee, agreed to allow the IPC to transfer land use rights without informing the Standing Committee of the City Party Committee and The Standing Committee of the Standing Committee of the City Party Committee in accordance with the regulations on the regulations on the management and use of property that are houses and rights of use of land in limited liability companies owned by a member of the City Party Committee.
In accordance with article 219 of the Penal Code of 2015, the crime of violation of the regulations on management and use of State assets causing losses and waste is the following:
1. A person assigned to manage or use state property violates regulations on property management and use, causing loss or waste of between VND 100,000,000 and less than 300,000,000 or less than 100,000. 000 VND but who have been sanctioned for this act but still commit the violation, will be sentenced to a non-custodial reform of up to 3 years or a prison term of 1 to 5 years.
2. By committing the crime in one of the following circumstances, the offenders will be sentenced to between 3 and 12 years in prison:
a) For their own interest;
b) in an organized manner;
c) Using sophisticated and cunning tricks;
d) The offense results in a property loss of VND 300,000,000 to less than VND 1,000,000,000.
3. By committing the crime and causing property damage of 1,000,000,000 VND or more, offenders will be sentenced to 10-20 years in prison.
[ad_2]
