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The Supreme VKSND has just issued an indictment to prosecute Mr. Nguyen Thanh Tai (former Vice Chairman of the Ho Chi Minh City People’s Committee) and eight accomplices of the Ho Chi Minh City People’s Court to judge irresponsibility that causes serious consequences (Clause 2 , Article 285 Penal Code of 1999).
With regard to this case, the female giant Duong Thi Bach Diep (born 1948, Director of Diep Bach Duong Company) was also prosecuted for defrauding assets under Clause 4, Article 174 of the 2015 Penal Code (amendment, supplement fig 2017).
The prosecution found that Ms. Diep met directly with Mr. Nguyen Thanh Tai (former vice chairman of the Ho Chi Minh City People’s Committee), presenting the asset exchange plan 57 Cao Thang District 3 (the assets of the company) with property 185 Hai Ba Trung, District 3 (state owned, is the headquarters of the Light Music Center of the Department of Culture, Information and Tourism).
Then, Mr. Tai met with the Chairman of the Ho Chi Minh City People’s Committee, now Mr. Le Hoang Quan, to ask for his opinion and was approved to carry out the exchange, but must go through the Department of Finance, the Committee Manager made 09 proposals. .
As of the approval of the above exchange, Ms Bach Diep used many deceptive tricks to cheat and seize state property in 185 Hai Ba Trung, worth more than 186 billion VND.
Mr. Nguyen Thanh Tai appeared in court for Le Duan’s Golden Land Crime. Photo: HY
During the investigation process, Mr. Tai Khai is not assigned to be in charge of the administration of State assets, as well as the management and reordering of State assets. However, listening to Vy Nhat Tao (Director of the Light Music Center) and Ms Diep presenting the exchange proposal, he became convinced of the benefits that the exchange plan brings to both parties. In particular, with the construction of a 5-star hotel by Diep Bach Duong Company, it is also beneficial to Ho Chi Minh City, which is why Mr. Tai supported.
Because it was not his field, Mr. Tai informed Mr. Quan. Mr. Quan agreed and assigned Mr. Tai to directly lead the implementation of the provisions of the law.
The prosecution identified Mr. Quan as the person who agreed to the property exchange policy, ordered Mr. Tai to implement it; Based on proposals from departments and agencies, Mr. Quan agreed to issue the certificate of land use rights and home ownership in 185 Hai Ba Trung to Diep Bach Duong Company in contravention of regulations.
However, Mr. Quan’s behavior was not the direct cause of damage to state property. To bear the consequences of damaging state property, the main responsibility lies with the Ho Chi Minh City People’s Committee, the relevant departments and agencies did not fulfill their responsibilities.
The Ho Chi Minh City People’s Committee and related departments did not request Diep Bach Duong company to provide the original certificate of land use rights, home ownership, without legal inspection, without genetic testing. Asset 57 Cao Thang, this property was not found to be mortgaged by Ms Diep at the Agribank Ho Chi Minh City branch.
To make this mistake, Mr. Quan has a part of responsibility, but the level is limited, not at the level of criminal management but he proposes to manage the administrative one.
In addition to Mr. Quan, the proceedings also proposed handling other people. Specifically, there are Mr. Tran Ha Quan (Deputy Director of the Department of Earth Economy of the Department of Natural Resources and Environment), Mr. Duong Trong Thao (specialist of the Department of Public Asset Management of the Department of Finance), the Mr. Thai Minh Tanh (Head of the Planning Department). Department of Culture, Sports and Tourism).
These are the people who have advised and proposed unit leaders who are members of the 09 Ho Chi Minh City Steering Committee on the asset exchange but have not proposed or conducted inspections to determine the legal status of the house. land number 57 Cao Thang. Therefore, they also have a part of joint responsibility in advising the agencies to agree to the exchange of assets.
As a subordinate to comply with the direction of superiors, not for personal interests, the main responsibility belongs to the direct direction that has been prosecuted, so the behavior of the aforementioned people is limited to the level of judgment. recommendations for criminal management but only administrative.
Specifically, Mr. Ti, Vy Nhat Tao (former Director of the Light Music Center), Tran Nam Trang (former Deputy Director of the Finance Department), Nguyen Thanh Rum (former Director of the Department of Culture, Information and Tourism), Le Ton Thanh (former Deputy Director of the Department of Culture, Information and Tourism), Dao Anh Kiet (former Director of the Department of Natural Resources and Environment of Ho Chi Minh City), Nguyen Thanh Nhan (former Deputy Director of the Department of Resources City Naturals and Environment (HCM) and Huynh Kim Phat, Le Van Thanh (and former Deputy Head of the Ho Chi Minh City People’s Committee Office) have violated Clause 5, Article 6 of the Law on the use of State property and have been processed.
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