June 15, 2021

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VKS: Mr. Vu Huy Hoang violates the very legal documents that he has built

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HanoiRepresentative of VKS said that Mr. Vu Huy Hoang, as Minister of Industry and Trade, participated in issuing a resolution on prohibiting non-industry investment but then violated.

On the morning of April 26, on the 4th day of the trial of the wrongful case of transferring a lot of “golden land” of more than 6,000 square meters in Ho Chi Minh City to private individuals, the representative of VKSND Hanoi responded to the defense of the defendants and lawyers. .

Former Minister Vu Huy Hoang continued to be determined by the VKS to play a key role in the case, performing acts throughout causing damage. Mr. Hoang is the first to be responsible for the state capital in Sabeco as a minister. Therefore, the fact that he has assigned a deputy to be in charge of this should “not be responsible for managing assets and state capital in Sabeco is not correct”, the prosecutor said.

Representing VKS in court. Image: VNA.

The prosecution said that in 2012, Mr. Hoang, as a minister and a member of the government, participated in the issuance of a resolution banning state-owned enterprises from investing outside the main business due to economic recession. Especially in the field of real estate and finance business. “At that time, Mr. Hoang participated in building and issuing documents but violated the law”, VKS stated accusing point.

After the first investor of a building project on the 2-4-6 Hai Ba Trung land (HCMC) failed due to lack of financial capacity, Sabeco is re-selecting a new investor, Mr. Hoang ” suddenly appeared “. He left an autograph to instruct Sabeco when choosing a new investor to report to the Ministry of Industry and Trade for decision. VKS said that this is “showing the decisive direct direction, forcing subordinates to exercise their will, whether right or wrong”. Therefore, Mr. Hoang said “it is not right to have no direction”.

Continuing to object to the defense of Mr. Hoang and his lawyer, the prosecutor stated that the basis of Mr. Hoang’s behavior “is the decisive mistake of approving the share price lower than the actual price”. When Sabeco, after implementing the procedures, Mr. Hoang asked for divestment. This is the direct action, the key to the damage. “Moreover, with only 10 days to retire, Mr. Hoang still chaired the meeting and decided the price is lower than the actual price causing damage”, VKS litigation.

In the view of defending the defendants, each person does a part, there are no accomplices, VKS said that 10 defendants were in two different criminal groups, but they all accepted the will of their superiors to simultaneously commit illegal acts. law – “it is an accomplice”.

Mr. Vu Huy Hoang in court.  Photo: VNA.

Mr. Vu Huy Hoang in court. Image: VNA.

With a group of 8 defendants being the former leader of the People’s Committee of Ho Chi Minh City, VKS believes that former vice-chairman Nguyen Huu Tin has a key role. Mr. Tin’s mistake is to allow Sabeco Pearl (not a state-owned enterprise but just a partnership of Sabeco) to lease the 6,080 square meter land for a period of 50 years and fulfill financial obligations. However, in order to carry out this behavior, Mr. Tin was proposed by his subordinates.

“We confirm that the two decisions of Mr. Tin are wrong. At that time, the People’s Committee of Ho Chi Minh City had the right to withdraw the land according to the regulations to put up the auction because Sabeco did not have the financial capacity and experience to participate. However, the city leaders and cadres have violated the regulations “, VKS said.

Agreeing with the opinion of the lawyers that the defendants of the People’s Committee of Ho Chi Minh City each perform a task at certain stages, but the representative of VKS said that the defendants knew to advise Sabeco Pearl to lease the land. regulations but still together.

With the defendants’ testimony at the Department of Natural Resources and Environment and Investment Planning that Mr. Tin directed down pressure and forced to follow, the prosecutor said at the time of the crime the defendants had the most positions. The defendant is entitled to a state salary, so the defendants are responsible for their employment.

“The direction of superiors is just a formality, but the defendants still have to follow the law. If you just need to do what the superior tells you, then recruit high school students to the departments to Moreover, the defendants also participated in the construction of legal documents on land, teaching about the land, but going to court to say ‘don’t know anything’ is unfounded, showing the sophistry, “the prosecutor said loudly.

On the opinion of the case there is no damage, VKS said that the damage was calculated in a direction to the defendants’ benefit. The time of prosecuting the case of the 2-4-6 Hai Ba Trung land area is worth more than 3,800 billion VND. After deducting the amount that Sabeco has paid to perform financial obligations and other amounts, the damage in the case is more than 2,700 billion VND.

VKS did not ask the court to declare the defendants to compensate for the damage because they asked the HCMC People’s Committee to cancel the land lease decisions, and to hand over the right to manage and use the land to the State.

In response, many lawyers said that the VKS argued, but “it is no different from refining the prosecution points to present”. VKS over two hours responded with “very good” “song” spread, no content “.

According to the allegations, Sabeco manages the 6,080 m2 land of 2-4-6 Hai Ba Trung which is used for non-agricultural production and business, paying annual land rentals. From 2012 to 2016, Mr. Hoang asked his subordinates to direct Sabeco to use the land use rights and Sabeco’s money to contribute capital with private enterprises to establish Sabeco Pearl to carry out a real estate project.

After contributing capital and Sabeco completed legal procedures, Mr. Hoang did not assign Sabeco to implement the approved project. On the contrary, he directed to divest all contributed capital (capital transfer) of Sabeco in Sabeco Pearl to a private enterprise participating in the joint venture to transfer the right to use the land which is state property to illegal private property. , causing damage to the state more than 2,700 billion VND.

The leaders and officers of the People’s Committee of Ho Chi Minh City advised and proposed for Mr. Tin to sign the decision to allocate land to Sabeco Pearl in contravention of regulations.

Same crime Violation of regulations on management and use of State assets causes loss and wasteMr. Hoang was recommended by the VKS 10-11 years in prison, Phan Chi Dung (former Director of Light Industry, Ministry of Industry and Trade) 7-8 years. 8 former officials and leaders of Ho Chi Minh City were recommended by the VKS, at least 2-3 years in prison to a maximum of 5-6 years with the same crime Violation of regulations on land management.

Pham Du