Causing damage to the state budget of nearly 1.4 billion VND
On the morning of December 26, Thanh Hoa Provincial People's Court held the first-instance trial of the case of "Abusing position and power in performing official duties", which occurred in the mountainous district of Thuong Xuan (Thanh Hoa).
Defendant Cam Ba Xuan (standing in front) said he was only irresponsible and did not abuse his position or power.
The defendants were brought to trial for the crime of "Abusing position and power while performing official duties", including: Cam Ba Xuan (58 years old), former Chairman of the People's Committee of Thuong Xuan District, former Vice Chairman of the Farmers' Association of Thanh Hoa Province; Le Van Khanh (63 years old), former Head of the Department of Natural Resources and Environment of Thuong Xuan District; Vu Ngoc Nam (51 years old), former Chairman of the People's Committee of Ngoc Phung Commune; Nguyen Chi Thanh (56 years old), former Head of the Tax Department of Thuong Xuan District.
Defendant Nguyen Anh Linh, former officer of the Thuong Xuan District Tax Department, was tried for the crime of lack of responsibility causing serious consequences.
According to the indictment of the People's Procuracy of Thanh Hoa province, in early 2014, Mr. Thieu Quang Thuc (43 years old, residing in Thieu Hoa town, Thieu Hoa district, Thanh Hoa) and Mr. Le Dinh Binh (50 years old, residing in Trieu Son town, Trieu Son district, Thanh Hoa) came to meet Mr. Cam Ba Xuan (at the time Mr. Xuan was Chairman of the People's Committee of Thuong Xuan district) to request to rent land to build a forest product processing facility.
Mr. Cam Ba Xuan assigned Mr. Le Van Khanh, then Head of the Department of Natural Resources and Environment of Thuong Xuan District, to directly handle the case. After receiving instructions from Mr. Cam Ba Xuan, Mr. Le Van Khanh, together with Mr. Vu Ngoc Nam (then Chairman of the People's Committee of Ngoc Phung Commune), Mr. Thuc and Mr. Binh, selected a plot of land of 18,100 m2 , which was production forest land allocated to households in Hoa Lam village (Ngoc Phung Commune).
The defendants (people standing) in court
Because it was forest land for production, Mr. Le Van Khanh and Mr. Vu Ngoc Nam coordinated to prepare documents to change the purpose to residential land for Mr. Cam Ba Xuan to sign the decision. However, during the process of preparing the documents, they did not comply with the provisions of the law, did not consult with relevant departments, and did not have a resolution of the People's Council of Ngoc Phung commune on adjusting the land use planning, but Mr. Cam Ba Xuan still signed the decision approving the change of land use purpose.
In particular, during the process of preparing documents to pay land use conversion tax, according to regulations, the amount of money to be paid to the state budget is 400,000 VND/ m2 , but Le Van Khanh, Vu Ngoc Nam, Cam Ba Xuan, Nguyen Chi Thanh, and Nguyen Anh Linh only prepared documents and procedures to collect land use conversion tax at only 100,000 VND/ m2 . Therefore, the defendants caused a total loss of nearly 1.4 billion VND to the state budget.
Former Chairman of Thuong Xuan District People's Committee admitted that he was only... irresponsible.
During the interrogation, defendant Cam Ba Xuan stated that the indictment charging him with "Abusing position and power in performing official duties" was incorrect. Defendant Xuan also admitted that he was simply irresponsible in performing official duties.
"During the course of the incident, the defendant only failed to control his subordinates. Prosecuting the defendant for abusing his position and power is incorrect. The defendant admitted to being irresponsible, but did not abuse his position in the performance of his official duties," defendant Cam Ba Xuan said at the trial.
Defendant Cam Ba Xuan further explained that in the process of completing the documents and signing the documents to change the purpose of 18,100 m2 of land, he trusted his subordinates to advise him, and in his role as Chairman of the District People's Committee, he always directed the general work to be carried out in accordance with the provisions of the law.
Defendant Xuan also said that the process of making documents and procedures for changing land use purposes was still lacking and incorrect compared to regulations, but he did not know about the errors, because of the large amount of work and paperwork, so he could not control everything. It was not until the police investigated that he realized the procedures for changing land use purposes were incorrect.
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