On the morning of May 18, the Naval Military Court (NMC) began trying former Deputy Defense Minister Admiral Nguyen Van Hien and other defendants related to land violations in the “golden land” area on the road Ton Duc Thang, Ben Nghe Ward, District 1, Ho Chi Minh City.
Admiral Hien, former commander of the Vietnam People’s Army (VPA)’s Navy, the highest army official has been disciplined so far.
Admiral Nguyen Van Hien was charged with ” irresponsibility which led to serious consequences” under Clause 3, Article 360 of the Criminal Code.
At the same court with Mr. Hien, 4 defendants were found guilty of violating regulations on land management, including Colonel Bui Nhu Thiem (former Chief of Economic Army Navy Division), Doan Manh Thao (former Chief of Finance Division of the Navy Army), Bui Van Nga (former director of Hai Thanh Company) and Tran Trong Tuan (former deputy director of Hai Thanh Company).
There are 3 other people charged with the fraudulent appropriation of property including Dinh Ngoc He (ie Ut “bald“, former deputy general director of Thai Son Corporation), Pham Van Duyet (former General Director of Duc Binh Joint Stock Company) and Vu Thi Hoan (former director of Yen Khanh Company).
The trial panel allowed Mr. Nguyen Van Hien, Bui Nhu Thiem and Bui Van Nga to sit down during the trial for health reasons.
Former Deputy Minister Hien was involved in wrongdoing in 3 “golden land” parcels on Ton Duc Thang Street, District 1, HCM City.
That is the land No. 2, No. 7-9, No. 9-11 Ton Duc Thang Street, District 1, HCM City. These are lands derived from defense land, which is under the management of the Naval Forces.
Land lot 2, January 13, 2003 Ho Chi Minh City People’s Committee granted this land use right (LURC) to Hai Thanh Company (under the Naval Forces). Hai Thanh Company signed a business cooperation agreement on construction of office buildings with Canh Hung Company.
On August 30, 2006, the two sides signed a joint venture contract to establish Canh Hung Hai Thanh Joint Venture Company Limited. At present, Canh Hung Hai Thanh Joint-Venture Co., Ltd has built a 27-storey building, 4 basements, completed 9 floors for office leasing, and sold shares to some partners …
The land lot 9-11 was granted the LURC by HCM City People’s Committee for Hai Thanh Company on 13/01/2013, Hai Thanh Company signed a cooperation with Mai Anh Co., Ltd. Then the two sides established Mai Thanh Co., Ltd. Mai Thanh Co., Ltd has finished building a 34-storey building (in 2013) for office.
Land lot 7-9, Hai Thanh Company signed a joint venture business with Yen Khanh Company. Both companies contributed capital to establish Yen Khanh Hai Thanh Company. On September 18, 2019, the Criminal Investigation Agency of the Ministry of Defense temporarily held land use rights and currently handed over the land lot 7-9 to Hai Thanh Company for management.
As such, 2 of the 3 land lots mentioned above are not currently used by the GDC. The investigating agency has asked the HCMC People’s Committee and the Department of Natural Resources and Environment of Ho Chi Minh City not to carry out procedures for asset sale, purchase, sale, transfer, gift, for all 3 land areas.
In the indictment of the Central Military Commission, the enterprises have the right to exploit and use as currently, stemming from the violations of the law of the accused were officials of the Naval Forces and Hai Thanh Company. Therefore, “It is necessary to revoke the land use right to hand it over to the Naval Forces. The recovery ensures the lawful interests, stabilizes the life and economic development of the related parties strictly according to the provisions of law.”
In the process of implementing the three land areas mentioned above, Hien made a mistake that he did not check and believe in his subordinates, so he signed and approved documents to put 3 defense lands into a joint venture for economic activities in contravention of regulations of the Ministry of Defense, Government and the 2003 Land Law.
Mr. Hien also did not inspect and direct the inspection of the actual capacity of Yen Khanh Company, did not examine the capital contribution with the value of the 3 LURCs, nor did it monitor the implementation of the direction of the Defense Minister.
After authorizing the director of Hai Thanh Company to sign the contract, Hien did not directly inspect the implementation of agencies and the Hai Thanh Company, leading to being taken away by the partner using the LURC mortgage, convert type of business, transfer to a third party.
In addition, he also does not understand the Constitution prescribed by law for the payment of land use right …
The mistake of Mr. Hien and related people, resulting in the loss of the right to manage and use the three lands in 49 years, causing loss to the State budget of VND939 billion ($40 million).
Currently, the Navy Military Court is handling the case of violating these 3 areas, in which former Deputy Minister Nguyen Van Hien was found guilty of “Lack of responsibility, causing serious consequences,” prescribed in Point c, Clause 3, Article 360 of the 2015 Criminal Code, with imprisonment of between 7 and 12 years, if he is convicted.
Before going to court, Hien was expelled from the ruling party by its Central Committee in its Plenum on May 14.
In this case, the Central Military Procurator’s indictment listed extenuating extenuating circumstances with the defendants.
Among the defendants, former Deputy Minister of Defense Hien is the case with the most extenuating circumstances with the following extenuating circumstances: the situation in which the offender sincerely declares and repents (point s). Clause 1, Article 51 of the Criminal Code 2015); Details of offenders are those who have excellent achievements in their work (Point V, Clause 1, Article 51 of the 2015 Criminal Code). The indictment also stated that Mr. Hien during the working process has made great contributions to building the Army and for the cause of protecting the islands and islands of the Fatherland; awarded with Ho Chi Minh Prize; Hien’s elder brother is a Martyr (Clause 2, Article 51 of the 2015 Criminal Code).
In addition, the Central Military Procuracy proposed the application of Clause 2, Article 51 of the 2015 Criminal Code to defendants with weak health and many illnesses, including Mr. Hien.
In the latest development, on the afternoon of May 18, at the first-instance trial opened by the Naval Military Court, defendant Nguyen Van Hien was the sixth person to be interrogated and he admitted to a flaw.
The defendant said, “I have confirmed that I am flawed, and that I perform my duties inconsistently. If I have had acted closely, more drastically can detect errors.”
It is worth noting that before retiring in 2016, on December 23, 2015, Hien signed a letter requesting the Prime Minister to allow the appointment via auction of 448B Nguyen Tat Thanh (District 4, Ho Chi Minh City) for Riverside Park Real Estate JSC – a subsidiary of Ban Viet Real Estate Joint Stock Company – a legal entity owned by the couple Nguyen Thanh Phuong, the daughter of then PM Nguyen Tan Dung.
The official letter signed by Admiral Nguyen Van Hien clearly stated: “The managing unit of Riverside Park Real Estate JSC is Viet Capital Real Estate Joint Stock Company, which has been working with the Navy Forces since April 2013 until now and always shows determination, looking forward to deploying the investment project on the land of 448B Nguyen Tat Thanh in the order prescribed by the law. The effort and finance of Ban Viet Real Estate JSC, as well as Riverside Park Real Estate JSC for more than 2 years, have expressed their determination to carry out the project at the land of 448B Nguyen Tat Thanh.“
Regarding this case, the Ministry of Finance on August 11, 2015 issued Official Letter No. 10964 / BTC-QLCS to the Government Office, agreed with the proposal of the Ministry of Defense on changing the purpose of using 16,000 m2 of defense land managed by the Naval Forces in District 4, Ho Chi Minh City (if suitable with the City’s planning) to sell land-attached assets and transfer the LUR. However, with the proposal to sell the designation to investors (Riverside Park Real Estate Joint Stock Company), the Ministry of Finance noted that the sale of assets on land and transfer of land use rights is done through auction according to regulations of the law on auction.
Regarding the real situation of the land 448B Nguyen Tat Thanh, according to the Decision of approving the 2018 land use plan of District 4, the 16,000 m2 land lot overlooking the Saigon River is still land for defense purposes.
Before the unsuccessful deal in District 4, the Ban Viet investor group was fortunate to acquire 11,975 m2 of defense land with a particularly favorable position at 3A-3B Ton Duc Thang (District 1).
Since the beginning of 2019, dozens of police and army generals have been imprisoned because of violations in land management and economic activities.
Thoibao.de (Translated)
