International Proposal Wanted Managing Director of Nguyen Kim Company Related to the Case of Mr. Tat Thanh Cang | Law



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The Ho Chi Minh City Police Department has just issued Official Letter No. 65 / PC03-Đ8 requesting the Department of Foreign Affairs – Ministry of Public Security to carry out international search procedures for Pham Nhat Vinh (Director General Nguyen Kim Company, Member of the Board of Directors SADECO Saigon South Development Joint Stock Company).

Previously, on December 31, 2020, the investigating agency had a nationwide prosecution decision No. 15701 / PC03-Đ8 for Pham Nhat Vinh.

Mr. Pham Nhat Vinh was prosecuted on 12/11/2020 for the crime of “violating management regulations. The use of State property causes loss and waste”, defined in Clause 3 of Article 219 of the Penal Code of 2015 .

Defendant Pham Nhat Vinh is found to have a related violation in the violation that occurred at Tan Thuan Development Company Limited (IPC), SADECO Company and related units. According to the investigating agency, the behavior of Mr. Pham Nhat Vinh is that together with the members of the Board of Directors (Board of Directors), SADECO Company voted and agreed to elect Nguyen Kim Company as a strategic shareholder.

At the Board of Directors meeting on August 2, 2017, the 7 members of the SADECO Company Board of Directors, including Mr. Pham Nhat Vinh voted, agreed to invite Nguyen Kim Company to participate as a strategic shareholder, at issue price Nguyen Kim Company’s share is 40,000 VND / share, not by auction, pricing in accordance with regulations.

On October 5, 2017, Mr. Te Tri Dung (Chairman of the Board of Directors of SADECO Company) signed a strategic cooperation contract No. 01/2017 with Nguyen Kim Company, through which SADECO Company will issue 9,000,000 of actions to increase share capital. Qualify and sell all of these shares to Nguyen Kim Company for 40,000 VND / share. On October 19, 2017, Nguyen Kim Company paid the total amount of VND 360 billion to SADECO Company.

According to the investigation agency, the above sale price caused loss and damage to the SADECO company in the amount of 940 billion VND, of which the loss and damage to the Ho Chi Minh City People’s Committee was 413 billion VND (rate 44%), the capital of Thanh. The HCM City Party Committee is 157 billion VND (rate of 16.7%).

Proposal from International Search CEO Nguyen Kim Company related to the case of Mr. Tat Thanh Cang - photo 1
The CEO of the Nguyen Kim Company accused Pham Nhat Vinh of being wanted.

The CEO of Nguyen Kim Company, Mr. Pham Nhat Vinh went abroad, so the Ho Chi Minh City Police Agency of the CSDT is wanted in the country, requesting internationally, there is also a decision to separate Pham Nhat Vinh’s behavior on the case. decision, issue decision to suspend the investigation of the accused against Pham Nhat Vinh, when the arrest is made, the investigation will be reinstated and handled later.

How did Nguyen Kim ‘join’ SADECO?

According to the Tien Phong document, on March 26, 2015, IPC auctioned to sell capital in SADECO Company (a subsidiary of IPC), and EximLand was the winning investor to purchase 5,235,683 shares (representing 30.8% of the company’s share capital). SADECO Company) at the price of 26,100 VND / share.

On September 12, 2016, Nguyen Kim Company entered into a deposit agreement to transfer shares, transferring all EximLand Company shares into SADECO Company for 55,000 VND / share. The total value is 287 billion VND. On October 7, 2016, Nguyen Kim Company paid the full amount to purchase shares of SADECO Company for EximLand Company.

In October 2016, at SADECO Company, a group of individual shareholders who are members of the family of Mr. Nguyen Van Kim (Chairman of the Board of Directors of Nguyen Kim Company) replaced Nguyen Kim Company (including biological mother, mother-in-law, sister in law). 30.8%.

After that, related people in the City Party Committee, the Ho Chi Minh City Party Committee Office, the IPC Company, and the SADECO Company agreed to issue 9,000,000 shares to the Nguyen Kim Company at a ‘low’ price and led to this case.

Who is CEO Nguyen Kim wanted?

According to the court file of the Ho Chi Minh City Police Department, the defendant Pham Nhat Vinh was born on February 8, 1977 in Binh Dinh province. He lives in District 9 of Ho Chi Minh City and is registered in Quy Nhon City, Binh Dinh Province.

According to the reporter Tien Phong, from 2003 to 2012, Pham Nhat Vinh was deputy general manager of a bank. From October 2012 to March 2013, he was permanent vice president of a securities company. From January 2015 to 2017, he was CEO, president of a real estate company.

Mr. Pham Nhat Vinh served as Deputy Managing Director of Nguyen Kim Company from January 2018 to June 2019. On June 15, 2019, he was Managing Director of Nguyen Kim Company. Additionally, Pham Nhat Vinh is also deputy general manager, member of the board of directors of a garment import and export company located in Ho Chi Minh City.

Does Mr. Tat Thanh Cang have to compensate 157 billion in damages from VND?

Tat Thanh Cang was arrested on December 16, 2020, currently detained at the Chi Hoa Detention Center. It was proposed to Mr. Cang to prosecute clause 3, article 219 of the Penal Code of 2015, with a penalty of 10 to 20 years in prison. It is said to have caused a loss of 157 billion VND, but Mr. Cang did not have to compensate for the damage.

Tat Thanh Cang ’caused a loss of VND 157 billion’

The investigating agency determined that the ‘mission’ transferred and sold 9 million shares of Sadeco to Nguyen Kim Company, defendant Tat Thanh Cang and accomplices caused VND 940 billion in damages to Sadeco. In particular, the defendant Tat Thanh Cang should be liable for causing damages of 157 billion VND.

Who was arrested with Mr. Tat Thanh Cang?

Regarding the violation of transferring 9 million shares of Sadeco to the Nguyen Kim company, the Ho Chi Minh City police prosecuted and arrested Mr. Tat Thanh Cang (former Deputy Secretary of the Party Committee of the Ho Chi Minh City Permanent Party ) together with 18 people. related to criminal acts “Violation of the rules on administration and use of State assets causes loss and waste” and “Property corruption”.



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