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In essence, Lavenue Company is not subject to public land allocation and lease.
The second issue, regarding the defendants’ wrongdoing, the VKS suggests that the lawyers should understand the nature of the case.
“After 4 companies from the Ministry of Industry and Commerce divested and sold 50% of their shares in the project investment to Kido Investment Company Limited (private company), the Housing Business Management Company informed the defendant. Nguyen Thanh Tai knew it, but this defendant still instructed the Department of Natural Resources and Environment and the Department of Natural Resources and Environment to know that the file to participate in the Hoa May Company project was not complete; Lavenue Company is not subject to public land adjudication and lease, but still actively advises the Ho Chi Minh City People’s Committee to get Mr. Tai to sign the illegal decision, ”VKS analyzed.
For the defendant’s Le Thi Thanh Thuy crime, the VKS stated that the defendant’s deceptive act is to self-proclaim that the company is capable and experienced in the real estate and hotel field, while the Hoa Company Mayo has only been established for 4 months .
Since then, VKS confirmed that VKS’s findings on the impeachment of defendant Nguyen Thanh Tai and the accomplices are appropriate.
Due to the fact that some lawyers believe that the conclusion of the damage assessment is not appropriate, the VKS stated that the prosecuting agency only requested an evaluation of the process, that is, the behavior of the defendant was incorrect compared to the process. , where, to clarify the crime. “We are only asking for an assessment, not requesting damages.”
Furthermore, VKS explained that the damage in the case is the rights to use the land, the advantage, the income from the exploitation of the land, not the property. This damage is determined from the request of the appraisal council.
Also according to the VKS, the damage determined to frame the penalty for the defendants, not to identify the defendants compensated, and the damage of more than one billion VND was already clause 3 (penalty framework of 10 – 20 years in prison). Because the consequences of the case have been overcome by the VKS proposal to revoke the LURC granted to Lavenue Company, forcing the company to return the land to the Ho Chi Minh City People’s Committee.
Following VKS ‘response, the presiding judge announced that the trial of the accused Nguyen Thanh Tai and his accomplices will continue tomorrow (19 September).
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