Real estate ‘transformation’ 8 – 12 Le Duan from state to private property | News

09/16/2020 Business



[ad_1]

Mr. Nguyen Thanh Tai (68 years old, former Vice Chairman of the Ho Chi Minh City People’s Committee in 2008-2011) and 4 accomplices are accused of making mistakes in the lease, real estate assignment 8-12 Le Duan, District 1, Ho Chi Minh City from state property to private property in violation of the law, causing losses and waste of more than 1.927 billion VND.

Yesterday (September 16), the Ho Chi Minh City People’s Court opened the first instance trial of the case “violating the regulations on the administration and use of state property, causing loss and waste” for the defendant Nguyen Thanh Tai . 4 accomplices.

In the proceedings, President Nguyen Thi Thanh Binh said that there are some confidential documents in the case file, suggesting that the participants in the proceedings must comply with the use of confidential documents in accordance with the law.

Then the representative of the Institute of Civil Engineering in Ho Chi Minh City announced the accusation. Specifically, house number 8-12 Le Duan, District 1 is state-owned, with a total area of ​​4,800 m2.two, assigned to HCMC Housing Business Management Company Limited (referred to as Housing Business Management Company) for management and leasing. On November 20, 2007, the Popular Committee of the City approved the investment for the construction of a 5-star hotel and a part of a shopping center under Decision (QD) No. 09/2007 / QD-TTg; assign the housing business management company to settle the lease, recover and manage the premises during the time of project preparation and investment in construction; The City’s Planning and Investment Department is assigned to take primary responsibility and coordinate with agencies and units in conducting the bidding steps to select investors, not to implement the joint venture form.
However, on June 11, 2009, Mr. Nguyen Thanh Tai (then Vice Chairman of the Ho Chi Minh City People’s Committee) signed an official approval letter for the joint venture business management company, affiliated with 4 companies. hiring. 50% capital contribution of the land, which includes: metallurgical company, equipment and spare parts company, chemical and electrical materials company, Vitaco petroleum transportation corporation.

After learning that the Ho Chi Minh City People’s Committee had a policy to establish a joint-stock company to implement the project on land 8-12 Le Duan, in 2010, the defendant Le Thi Thanh Thuy (Chairman of the Board of Directors of Hoa May Company, Company Lavenue) signed a letter requesting to join the project and requested to contribute 30% of the capital.

Also according to the indictment, due to the personal emotional relationship and impact of Le Thi Thanh Thuy, Mr. Nguyen Thanh Tai has made decisions and ordered subordinate officials to carry out illegal acts in the field. State asset management sector such as: approving changes in investment policies, allowing private companies to contribute capital to implement projects; decision on land allocation and land leasing in the form of designation without going through an auction for land use rights; approve the application of two forms of land allocation and land leasing for the same project; approve the liquidation of house No. 8-12 Le Duan not to auction the property, allowing Le Thi Thanh Thuy to participate in the project, leading to change of ownership of land number 8-12 Le Duan of ownership state to the illegal property of the private company.

“Perceptions do not go wrong due to the economic context”

In court, in the interrogation section, the defendant Nguyen Thanh Tai admitted to having accepted the joint venture to implement the 8-12 Le Duan real estate project, in which the housing management company represents 20% of the capital, Hoa Thang Company. The year represents 30% of the capital, 4 companies are renting a house for 50% of the capital. At the same time, Mr. Tai also admitted that this approval is not in accordance with Decision 09/2007 / QD-TTg regarding the reordering and arrangement of state-owned houses and land.

For the signing of Decision 3030/2011, Lavenue Company will use more than 4,800 m2 of land acquired at No. 8-12 Le Duan to invest in the construction of high-end hotels, commerce – services, apartments for rent. With a land use term of 50 years, Mr. Nguyen Thanh Tai declares that the signing of this decision is in consultation with the Department of Natural Resources and Environment of Ho Chi Minh City, and does not consult anyone in writing, but to the accused himself. decision. “When compared to the guidelines and decisions of the Ho Chi Minh City People’s Committee, the defendant did not correct,” stated Mr. Tai.

Explaining the incorrect implementation, Mr. Tai presented: “At that time, the defendant realized that he had not acted wrong, due to the project implementation, if he was assigned to the home business management company as an investor. , lack of capital, so the defendant believes that it is necessary to raise capital. Therefore, cooperation and joint venture is a necessary condition to continue with the implementation of the project; Due to the difficult economic context, the defendant has mobilized all capital resources, including companies ”.

In court, when asked by the president about the relationship with the defendant Le Thi Thanh Thuy, the defendant Nguyen Thanh Tai introduced: “The defendant with Ms. Thuy is just a normal relationship as city leaders for companies.” . . With the same question, the defendant Thuy replied: “The defendant knows that Mr. Tai is the leader of the city and that Mr. Tai is quite close to the members of my family.”

Regarding the reason for knowing the 8-12 Le Duan project, the defendant Thuy presented around August 2010, at a meeting on investment promotion between companies and city leaders, the defendant met with Mr. Le Hoang Quan (at the time he was Chairman of the HCMC People’s Committee). When he heard that the defendant wanted to invest in some projects, Mr. Quan introduced the defendant to meet Ms. Nguyen Thi Thu Thuy (Director of the Housing Business Management Company, who is on the run). “As soon as it was met, Ms. Thuy submitted many projects, but I was interested in the 8-12 Le Duan project, so I applied and followed Ms. Thuy’s instructions,” Defendant Thuy stated.

“Do it out of respect for the opinion of the committee”

For 3 accused accomplices: Truong Van Ut (50 years old, former Deputy Head of the Department of Land Management of the Department of Natural Resources and Environment), Nguyen Hoai Nam (55 years old, former Party Secretary of District 2), Dao Anh Kiet (63 years, former director of the Department of Natural Resources and Environment), in court, the 3 defendants expressed their feelings of guilt and mistakes, but being in the perspective of advising the committee, the defendants said they did the right thing . responsibility.

According to the indictment, at the time of the case, the defendant Ut was an expert from the Department of Land Use Planning (Department of Natural Resources and Environment), while the defendant Nam was the head of this department, the defendant Kiet was the director of the Department of Natural Resources and Environment. . The defendants are aware that Lavenue Company is not subject to the land allocation or lease designated in No. 8-12 Le Duan; know that the project file is incomplete, the investment project has not been approved, the investor’s financial capacity has not been evaluated, but still advise and propose to the defendant Nguyen Thanh Tai to sign the approval decision of the Company. Lavenue Company was assigned land or leased land in two ways in violation of the law.

When questioned, the defendant said he followed the direction of the department head and the guidelines of the Ho Chi Minh City People’s Committee.

Defendant Nam admitted: “Defendant made a mistake, when at that time 4 rental companies from the Ministry of Industry and Commerce transferred all their shares to Kido Investment Co., Ltd, leading to the allocation of land. It is not the correct topic and according to Decision 09/2007 / QD-TTg it is auctioning. But the guilt of the accused is simply an unknown fault. ” The president asked: “With his functions and duties, on what basis does the defendant have to find investors?” Defendant Nam replied, “In accordance with Decision 09 and Decision 140 of the Prime Minister.”

Regarding his crime, the defendant Kiet stated at the time that he did not know whether it was good or bad, but “he respected the opinion of the committee” (HCMC Popular Committee – PV). “I feel like I’ve only followed the law for 40 years. I did not say that I did not do wrong, I only asked the Panel to consider, when I worked, in addition to being the director, I also worked according to the process established by the committee, I feel that I am not to blame ”. “There is no error, but it does not mean any crime,” explained the Panel. Defendant Kiệt replied: “This is how the defendant feels. The defendant feels that way ”.

Mr. Nguyen Thanh Tai continues to be prosecuted

The CSDT agency of the Ministry of Public Security has just concluded the investigation and proposed to prosecute Mr. Nguyen Thanh Tai for “irresponsibility causing serious consequences”, a prison sentence of 3 to 12 years in prison. This is a case related to an error in the exchange of real estate in 57 Cao Thang (District 3, Ho Chi Minh City) of Ms. Duong Thi Bach Diep, to obtain property number 185 Hai Ba Trung (District 6, Q .3, HCMC).

In the case, it was proposed to prosecute Ms. Diep for fraudulent appropriation of assets. Eight other defendants were proposed to prosecute the same crime with Mr. Nguyen Thanh Tai due to the subjectivity and trust that led to the lack of inspection and verification of the legal conditions for real estate No. 57 Cao Thang, which facilitated that Mrs. Diep cheated property appropriation.




[ad_2]

Designed by Tricksfast Solutions
© Copyright 2024, All Rights Reserved