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In response to the arguments of the lawyers in the negative case that caused a loss of more than 725 billion VND on the Ho Chi Minh City – Trung Luong highway, the representative of the Prosecutor’s Office (VKS) once again stated that this amount it is an asset. of the government.
The representative of VKS confirmed that the amount of 725 billion lost on the Ho Chi Minh City – Trung Luong highway belonged to the state.
Who is more than 725 billion?
On the night of December 19, the trial of the defendants Dinh La Thang, Nguyen Hong Truong (former head of the Ministry of Transport) and Dinh Ngoc System (former Deputy Director General of Cuu Long Corporation) and accomplices in the negative case in upper Ho Chi Minh City – Trung Luong Highway entered the response part of VKS representatives.
Earlier, in the defense of Dinh Ngoc System and its accomplices, some lawyers stated that the amount of more than 725 billion VND in nature belonged to the Yen Khanh System Company. That is why the accusation accusing System of appropriating the amount of 725 billion is unfounded because the system cannot take its own money.
In response, the VKS representative denied this point.
According to the representative of VKS, the HCM City – Trung Luong highway project is formed with the state budget, so the sale of the right to collect the toll is the sale of state property and the proceeds from the sale of rights. The collection of tolls is the property of the State. The Ministry of Transport is assigned by the Prime Minister to preside over the elaboration of the copyright plan for the collection of tolls, to transfer the right to collect fees to reimburse the state budget for funds invested in the project.
VKS claimed that after Cuu Long Corporation (Ministry of Transportation) – on behalf of the Ministry of Transportation signed with Yen Khanh Company and handed over the right to operate and collect tolls for Ho Chi Minh City – Trung Luong expressways within the 5 years (from 0 to 1.1.2014 to 0h 1.1.2019), the property with the right to charge roads continues to belong to the state.
Accordingly, VKS cites a series of laws to demonstrate the ownership of the state of the right to exploit and collect a 5-year road toll when it is transferred to the Yen Khanh company …
“… In Clause 1, Article 5, Circular No. 14 of December 7, 2012 of the Ministry of Finance clearly states: The toll for the use of roads and highways of Ho Chi Minh City – Trung Luong is an income from state budget “- Dai stated VKS.
In addition, the representative of VKS also said that Circular No. 05 of 9.2.2010 of the Ministry of Transport establishes: “Tasks of the toll collection unit, to ensure compliance with the regulations in the management of income, expenses and reports. accounting reports, rate settlement…. Prohibit toll fraud, toll embezzlement or collusion in toll collection activities that cause toll loss ”.
From here, the VKS representative determined that the 5-year toll collection activity at 4 toll booths on the Ho Chi Minh City – Trung Luong highway operated by Yen Khanh Company, the toll collection organization it is a source of income. state book.
Dinh Ngoc System and its accomplices misled the appropriate property
At the same time, the representative of VKS also said that the owner of the revenue from the collection of tolls is the state. The State maintains its assets through a tool to manage the collection of tolls, the Tien Phong software is licensed by the Ministry of Culture, Sports and Tourism and is pre-managed by the Cuu Long Corporation (Ministry of Transport). by handing it over to the Yen Khanh company.
The representative of VKS also said that in determining the transfer price of the right to collect tolls for the Ho Chi Minh City – Trung Luong highway, when constructing the sale price, the State has calculated and determined that the real value of the right to collect in 5 years it is more than 2623 billion. In particular, the cost of organizing the collection is more than 173 billion VND, the VAT is more than 4 billion VND, the interest on the capital expenditure of the winning unit to transfer the right to collect fees is over 450 billion VND, the remaining fee to reimburse from the price. The transfer value is more than 2004 billion.
“From the toll collection unit price construction method just above, in fact, Dinh Ngoc System’s Yen Khanh Company only has to pay more than 2004 billion to receive the transfer of the right to collect fees. And the State also calculated that within 5 years, Yen Khanh Company was also entitled to 2 items, which included: Organizational expenses and capital gains of the winning bidder with a total amount of more than 623 billion dong ”- explained the VKS representative.
Therefore, it is confirmed that the HCMC – Trung Luong highway toll rights purchase agreement does not include the transfer of state-owned property, and of course the Yen Khanh company cannot become the owner, but It only has the obligation of Charge collection agency in accordance with the state regulations specified in Clause 2, Article 11 of the Contract.
Also according to the VKS, the indictment clearly states, regarding the amount of more than 725 billion, from the intervention and presentation of the defendant Dinh La Thang, Dinh Ngoc approached and implemented a series of Cheating from the beginning by doing a false financial profile to be eligible to attend and win the auction.
After winning the auction, upon receiving the state-owned handover from Cuu Long Corporation, Dinh Ngoc System and its accomplices repeatedly committed fraudulent acts, including the use of sophisticated technology. to intervene and impact state management tools (Tien Phong Software) in 4 toll booths in 5 years.
“Dinh Ngoc System and its accomplices concealed and intervened and entered to evade the management and inspection of the authorities, and completely concealed the amount of 725 billion VND that the content of the VKS indictment has determined. It is about the appropriation of assets through fraud. At the same time, the state loses this money, because if the company does not transfer it to the Yen Khanh company, but Cuu Long Corporation (the Ministry of Transportation) will exploit and collect fees for a period of 5 years, the state will continue to collect the amount of 725 billion dong ”- The representative of VKS introduced.
Based on these analyzes, the representative of VKS reaffirmed once again that the amount of more than 725 billion VND is owned by the State. This is the amount of money that Dinh Ngoc System and its accomplices obtain through the violation in the case.
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