Proposal to prosecute 4 defendants

The Investigation Police Agency of Dong Nai Province has just concluded its investigation and transferred the case file to the People's Procuracy of the same level to propose prosecuting 4 defendants in the case of violating regulations on management and use of State assets causing waste and loss at Nhon Trach Investment Joint Stock Company.

The defendants proposed for prosecution include: Quach Van Duc, former Chairman of the Board of Directors; Phan Thanh Vinh Toan, former General Director; Do Tan Diem and Nguyen Van Hong, former members of the Board of Directors of Nhon Trach Investment Joint Stock Company.

Mr. Nguyen Van Hong, former member of the Board of Directors of Nhon Trach Investment Joint Stock Company, at the time of his temporary detention

Land allocation without auction

According to the investigation conclusion, on October 17, 2003, Tin Nghia Company (under the Dong Nai Provincial Party Committee) sent a document to the Provincial Party Committee and the People's Committee of Dong Nai province requesting investment policy in a residential area (KDC) on rubber plantation land in Nhon Trach District. Dong Nai Provincial People's Committee then approved Tin Nghia Company and Industrial Rubber Company (under the Dong Nai Department of Industry) to contribute capital to establish Nhon Trach Investment Joint Stock Company (charter capital of 100 billion VND, each unit contributes 50%) to invest in Long Tan and Phu Thanh residential areas (Nhon Trach District).

In a document sent to the People's Committee of Dong Nai province on February 23, 2005, the Department of Natural Resources and Environment affirmed: "According to the provisions of Decree 181/2004/ND-CP of the Government , the land use case of Nhon Trach Investment Joint Stock Company is subject to auction".

Nhon Trach Investment Joint Stock Company where violations occurred when implementing the "Swan City" residential area project

However, on July 2, 2005, Ms. Dang Thi Kim Nguyen, Vice Chairman of Dong Nai Provincial People's Committee (now retired) still signed a document approving the policy of land allocation, with land use fees collected without auction. At the same time, a decision was issued to reclaim 752 hectares of land in Long Tan and Phu Thanh communes to implement the project (in 2007, the area was adjusted to over 5,669,995 ^m2 ).

'Magic' over 932 billion VND

By 2017, although he had not yet asked for approval from the People's Committee of Dong Nai province, Mr. Quach Van Duc still held a meeting with the Board of Directors with Phan Thanh Vinh Toan, Do Tan Diem, Nguyen Van Hong... to discuss the cooperation plan with CFLD Company (the parent company of VNIC 2 PTE.LTD Company located in Singapore) and authorized Mr. Duc to make full decisions.

On this basis, Mr. Duc and Mr. Toan worked and negotiated with partners to contribute capital with land use rights on an area of ​​341,252 ^m2 (the part that had been granted ownership in the project) and was appraised at over 380 billion VND (performed by Southern Information and Valuation Joint Stock Company).

Afterwards, Mr. Duc chaired the Board of Directors meeting, agreed on the value of the land use rights for investment cooperation at 43.5 USD/ ^m2 and contributed the entire area of ​​more than 1 million ^m2 in subdivisions 1A, 1B of Phu Thanh - Long Tan Residential Area with VNIC 2 PTE.LTD Company to build an Residential Area named "Swan City".

"Swan City" Residential Area

On October 24, 2017, Vice Chairman of Dong Nai Provincial People's Committee Tran Van Vinh (now retired) signed a decision approving Nhon Trach Investment Joint Stock Company to contribute 113 billion VND (20% of capital equal to land use right value), and the partner to contribute 435 billion VND (80%) to implement the project.

Also in 2017, Mr. Quach Van Duc signed a joint venture with VNIC 2 PTE.LTD Company to establish Nhon Trach New Industrial City Company Limited. In which, Nhon Trach Investment Joint Stock Company contributed capital of more than 1 million ^m2 in subdivision 1A, 1B, worth 1,045 billion VND (equivalent to 43.5 USD/ ^m2 ).

After this transaction, Nhon Trach New Industrial City Company Limited paid back the difference of over 932 billion VND from the surplus capital contribution to Nhon Trach Investment Joint Stock Company. Having received the above amount, Nhon Trach Investment Joint Stock Company arbitrarily used this amount to pay off previous debts without reporting and asking for opinions from the Provincial Party Committee and People's Committee of Dong Nai province.

Causing damage of nearly 279 billion VND

The investigation agency determined that the defendants did not properly implement the decisions of the People's Committee of Dong Nai province, and held a meeting of the Board of Directors to agree on the policy of contributing over 1 million ^square meters of land (in reality, it was a transfer), but only 341,252 ^square meters were granted land use right certificates.

Police read the arrest warrant for Mr. Do Tan Diem, former member of the Board of Directors of Nhon Trach Investment Joint Stock Company.

At the same time, Mr. Quach Van Duc, based on the expired valuation certificate, arbitrarily negotiated and contributed capital to determine the area of ​​over 1 million ^m2 with a value of more than 1,045 billion VND (the valuation value in 2017 was nearly 1,999 billion VND and in 2022 was 2,258 billion VND).

The investigation agency believes that, at that time, the state capital in Nhon Trach Investment Joint Stock Company accounted for 29.54%. Therefore, taking the valuation value in 2017 (nearly 1,999 billion VND), deducting the agreed values ​​with partners (1,045 billion VND), the total amount of state loss was nearly 279 billion VND. The defendant Duc was primarily responsible for the actions, the mastermind, the other defendants were accomplices.

Phan Thanh Vinh Toan, former General Director of Nhon Trach Investment Joint Stock Company

The investigation results also determined that a number of leaders of departments, branches, Dong Nai Provincial People's Committee and individuals had committed violations in establishing Nhon Trach Investment Joint Stock Company; allocating land, determining land prices, approving project investment policies, inspecting, appraising, and signing and approving changes to 65 land use right certificates in subdivisions 1A and 1B. The Investigation Police Agency of Dong Nai Provincial Police continues to verify, clarify, and handle according to regulations.

Source link: https://thanhnien.vn/vu-an-that-thoat-gan-279-ti-dong-o-cong-ty-cp-dau-tu-nhon-trach-de-nghi-truy-to-4-bi-can-185230904184750031.htm