On the afternoon of January 31, the People's Court of Khanh Hoa province sentenced 9 defendants, former leaders of the province and departments, for the crime of "violating regulations on management and use of state assets causing loss and waste" under Article 219 of the Penal Code, which occurred at the Oceanus luxury hotel and apartment complex project (now Muong Thanh Vien Trieu).
Accordingly, the People's Court sentenced defendant Nguyen Chien Thang, former Chairman of Khanh Hoa Provincial People's Committee, to 5 years in prison; the total of previous sentences is 17 years and 6 months in prison, defendant Thang must serve a total sentence of 22 years and 6 months in prison.
Defendants in court
Defendant Dao Cong Thien, former Vice Chairman of Khanh Hoa Provincial People's Committee, was sentenced to 3 years in prison; the total of previous sentences is 13 years and 6 months in prison, defendant Thien must serve a total sentence of 16 years and 6 months in prison.
Defendant Vo Tan Thai, former Director of the Department of Planning and Investment, was sentenced to 3 years in prison; the total of previous sentences is 10 years in prison, defendant Thai must serve a total sentence of 13 years in prison.
Defendant Nguyen Ngoc Tam, former Deputy Director of the Department of Finance, was sentenced to 2 years and 6 months in prison; the total of previous sentences is 4 years and 6 months in prison, defendant Tam must serve a total sentence of 7 years in prison.
Defendant Vu Xuan Thieng, former Deputy Director of the Department of Natural Resources and Environment, was sentenced to 2 years in prison; the total of previous sentences is 3 years in prison, defendant Thieng must serve a total sentence of 5 years in prison.
In this case, the remaining defendants include: Tran Quang Buu, former Deputy Director of the Department of Construction; Nguyen Van Nhut, former Deputy Director of the Department of Planning and Investment; Tran Sy Quan, former Deputy Director of the Tax Department of Khanh Hoa province and Le Huy Toan, former Vice Chairman of the People's Committee of Nha Trang city, all sentenced to 1 year and 6 months in prison.
The panel of judges also said that the land in Bai Duong should have been recovered, however, Thien Trieu Investment Joint Stock Company and now Muong Thanh Vien Trieu Joint Stock Company (belonging to Muong Thanh Group) had built the project and put it into use for many years.
Therefore, the People's Court agreed to allow this enterprise to continue using the above land, but because the unit directly benefited from the defendants' violations, the investor was forced to pay more than 356 billion VND to the state budget.
Oceanus project is now Muong Thanh Vien Trieu
According to the indictment, the Bai Duong land (Pham Van Dong Street, Vinh Phuoc Ward, Nha Trang City) has an area of 30,452 m2 and is managed by the People's Committee of Khanh Hoa province.
According to the Prime Minister's decision on approving the adjustment of the general planning of Nha Trang City until 2025, the land is planned as multi-functional urban land, encouraging the development of tourism services, with a maximum construction height of 40 floors.
On May 25, 2012, Mr. Nguyen Chien Thang signed a document to the Prime Minister regarding permission to implement a number of projects in the province under the BT (build-transfer) contract form, including road N2 (Ly Thai To road, in Cam Lam district).
The Prime Minister then issued a written consent and requested the Khanh Hoa Provincial People's Committee to arrange suitable land funds for investors to establish business projects, exploit and recover investment capital for BT projects in accordance with the law; authorize the Chairman of the Khanh Hoa Provincial People's Committee to consider and decide on the appointment of investors to directly negotiate the BT contract and the above project in accordance with current regulations and be responsible for the investment efficiency of the projects.
After that, Khanh Hoa province arranged a 22,340 m2 land plot (formerly belonging to the Provincial Party Committee Guesthouse) located in Bai Duong, Nha Trang City, for Vien Trieu Nha Trang Investment Joint Stock Company (now merged into Muong Thanh Group Joint Stock Company) to implement the Oceanus luxury hotel and apartment project (currently Muong Thanh Vien Trieu).
The indictment determined that in the state management work, the process of allowing the implementation of the project using the Bai Duong resort land, the defendants committed many violations in selecting investors, granting investment certificates, adjusted investment certificates; agreeing on architectural and planning plans; deciding on land allocation and land lease; land valuation, land price approval; granting land use right certificates without auctioning land use rights, bidding for projects using land.
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