Former Admiral Nguyen Van Hien Calls For Non-custodial Reform | Law



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Among the 7 appellants, Mr. Nguyen Van Hien requested the appeals court to apply the non-custodial reform penalty or the suspended sentence. Defendants Bui Nhu Thi, Bui Van Nga, Doan Manh Thao called for mitigation or a suspended sentence.

Defendants Dinh Ngoc System and Tran Trong Tuan appealed; The defendant Pham Van Diet asked him to reconsider the crime and to alleviate the sentence, cancel the additional sentence with him.

In court, defendants Bui Nhu Diem and Bui Van Nga requested a trial in absentia for health reasons.

In the case, individuals with rights and obligations related to the appeal include BOT Viet Tri Company, Ctry CP Yen Khanh Hai Thanh; Thai Son Petroleum Company QP, Highway 20 BOT and BT Co., Ltd, Yen Khanh Group Joint Stock Company, Hai Thanh Island Tourist and Service Company, BIDV Bank.

Former Admiral Nguyen Van Hien Calls For Non-custodial Reform - Photo 1
The defendant Dinh Ngoc System in court.

According to the judgment of the first instance of the Military Court of the Navy, in the period 2006-2010, the defendants of the Naval Military Service (QCHQ) and Hai Thanh Company (under the QCHQ) converted 3 defense grounds on Ton Street. Duc Thang (Ho Chi Minh City) moved to economic land for 49 years in contravention of the provisions of the law, or under the direction of the Minister of Defense.

In particular, the defendant Dinh Ngoc System – former senior lieutenant colonel, deputy director of Thai Son Company, Ministry of Defense, established Yen Khanh Company, giving his nephew Vu Thi Hoan the director. In 2006, the System proposed QCHQ to Yen Khanh to enter into a joint venture with Hai Thanh to construct a building in the 7-9 Ton Duc Thang National Defense Zone. However, the defendant instructed the staff to take the land red book to mortgage it at the BIDV bank for their businesses to borrow.

A group of 4 Navy colonies, including Bui Nhu Thi, Bui Van Nga, Doan Manh Thao and Tran Trong Tuan, consulted with QCHQ to lease 3 lots 2, 7-9, 9-11 on Ton Duc Thang Street. in the form of joint ventures, the capital contribution with land use rights, while the three areas are defense lands, have not been converted for economic purposes. The defendants also created conditions for Dinh Ngoc System to mortgage the red book of land number 7-9 …

Former Admiral Nguyen Van Hien calls for a non-custodial reform - photo 2
Test panel.

In the case, the defendant Nguyen Van Hien – former commander of the Military Headquarters had the highest role in the administration of lands under the army, but did not fulfill his functions; failure to inspect and urge subordinate officials; There is a lack of control of legality, so they signed documents submitted by subordinates, deciding to place the 3 land areas mentioned in the wrong economy.

Also according to the trial court, in 2006, the Yen Khanh company was just established, but the defendant Vu Thi Hoan’s directive system made a report reflecting the true ability to apply for a joint venture with Hai Thanh to build a building on lot number 7: 9. Accepted, the defendant ordered the transfer of the owner’s name in the red book, modifying the content of the joint venture contract to obtain the right to dispose of zones 7-9.

After that, Dinh Ngoc System ordered Pham Van Diet to bring land as collateral in BIDV bank for its related companies to borrow 717 billion VND, it currently has more than 500 billion VND in outstanding loans. Therefore, the Panel found that defendant System, Diệt, Hoan cheated to usurp QCHQ’s 7-9 territorial area, worth more than VND525 billion in 2010.

The sentence of first instance of 8 defendants:

Group convicted of “violating land use regulations”:

1. Bui Nhu Them (SN 1959) – The colonel, former Head of the Economic Division of QCHQ, received 9 years in prison.

2. Bui Van Nga (SN 1956) – Colonel, former director of Hai Thanh Island Tourist and Service Company Limited received 8 years in prison.

3. Doan Manh Thao (SN 1957) – Colonel, former Head of QCHQ Finance Department, 7 years in prison.

4. Tran Trong Tuan (SN 1964) – Colonel, former deputy director of Hai Thanh company, 4 years in prison.

5. Defendant Nguyen Van Hien (SN 1954) – Admiral, former Deputy Minister of National Defense, former Commander of QCHQ was sentenced to 4 years in prison for “Lack of responsibility has serious consequences”; Prohibition from holding relevant management positions 3 years after serving a sentence.

Group 3 of defendants are found guilty of “fraudulent appropriation of property” under article 174 of clause 4, which includes:

1. Dinh Ngoc System (SN 1971) – Former Lieutenant Colonel, former Deputy General of Thai Son Corporation, Ministry of National Defense, former President of Thai Son Investment Development Joint Stock Company, Ministry of Defense, was sentenced to 20 years in prison; Summary sentence of 12 years in prison The Central Military Court declared in 2018 equal to 30 years in prison (maximum penalty of 30 years).

2. Pham Van Diet (SN 1972): Managing Director of the Duc Binh Group Limited Company, former Director of Yen Khanh Production Trading Service Co., Ltd. 15 years in prison.

3. Vu Thi Hoan (SN 1985) – Yen Khanh Company, 7 years in prison.



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