Officials of Natural Resources and Environment Department of Vung Tau City were prosecuted for deliberately violating the State’s regulations on economic management, causing serious consequences in the case of subdistrict plots selling VND410 billion.
On July 25, at the headquarters of the People’s Procuratorate of Ba Ria-Vung Tau province, the Supreme People’s Procuratorate sentenced prosecutor Ngo Thi Minh Phuong (55-year-old chairman of An Khang Company); Tran Quy Duong (36 years old, former Chairman of An Trung Investment Corporation); Do Thuy Linh (31 years old, General Director of An Khang Company); Ying Hai (36 years old, deputy general director of An Khang Company); Vu Quoc Tuan (45 years old, Head of Natural Resources and Environment Dept., Vung Tau City) and Nguyen Trung Quoc (40 years old, staff of Natural Resources and Environment Dept., Vung Tau City).
The accused Phuong, Duong, Linh, Hai were prosecuted on charges of misappropriation of property. The defendants Tuan, Quoc (officials of the Department of Natural Resources and Environment, prosecuted on charges of deliberately doing contrary to the regulations of the State on economic management causing serious consequences.
According to the indictment, in 2008 An Khang Real Estate Joint Stock Company was established. The company consists of Khang Linh Co., Ltd (Mrs. Phuong as Director), An Trung Co., Ltd (Duong) as a director, with a chartered capital of VND 250 billion. Mr. Duong is responsible for setting up a project of the Center for Commercial and High-end Housing (referred to as the Metropolitan Project in National Road 51B, Ward 11, Vung Tau City) with the total Area of 43 hectares, total investment is estimated at VND 13,000 billion.
In the process of implementing the project, An Khang Company has no legal land use right with 43 hectares, not enough capital as stipulated, has not been granted investment certificate, has not been granted construction permit, not allowed. Subdivision, capital mobilization under the Law on Real Estate Business.
After being approved by the People’s Committee of Vung Tau City detailed 1/500 plan on January 14, 2011, although not allowed to raise capital, the next day An Khang Company held the groundbreaking ceremony, An introduction of products on the mass media to mobilize capital contributed to the project.
The mobilization in the form of capital contribution contract, in essence, is the sale of residential land has been the defendant Phuong set out and unified in the company’s management board and then organize the implementation.
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Through the transaction floors, the company has signed 316 contracts to mobilize capital with 289 customers, actually collected more than VND 410 billion. This amount was used more than VND 14 billion to build the project infrastructure, while the victims were divided.
Under the contract, the contract will be handed over to the customer 24 months after signing. However, by September 2013, An Khang Company did not hand over the commitment. There were 267 petitioners claiming to recover the amount of capital contributed to the company being appropriated.
According to the indictment, the process of implementing the Metropolitan project, An Khang Company must move from agricultural land to residential land. The conversion must comply with the regulations on land management, the land price frame for tax calculation changed the purpose of land use … The defendant met and asked Mr. Tuan to carry out conversion procedures.
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During the period from December 17, 2010, to December 31, 2010, the Department of Natural Resources and Environment of Vung Tau City received 40 applications for conversion of land use purpose of An Khang Real Estate Joint Stock Company in the name of 10 individuals capital in land use right.
Dossiers of application for change of land use purpose are incomplete and invalid, there is no legal basis to determine the area and location of the land converted into residential land in the project but the two defendants Quoc and Tuan According to the regulations on the change of land use purpose, Mr. Phan Hoa Binh (then Chairman of Vung Tau City People’s Committee) and Mr. Truong Van Tri (Vice Chairman) signed the decision. The purpose is to convert more than 86,700 square meters of land into a residential land not in accordance with the law.
This work is the premise to facilitate the criminal Phuong and his accomplices carry out fraudulent misappropriation of property.
It is known that the case has been authorized for the provincial People’s Procuracy and the Ba Ria-Vung Tau People’s Court to exercise the right to prosecution. However, the trial period will have to wait for the investigation and prosecution of former leaders of Vung Tau City, Mr. Binh, Mr. Tri, Mr. Son (former head of the Urban Management Department).
After finishing the investigation, Ms. Phuong and the accused were released. On July 27, Ngo Thi Minh Phuong said that she completely disagreed with the content of the indictment. She argued that the indictment did not accurately reflect the statements of the defendant in the investigation and she had a petition on the content of the investigation and the case.
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