According to the People's Committee of Da Nang City, in the Criminal Appeal Judgment on May 12, 2020, the High People's Court in Hanoi sentenced the defendants Tran Van Minh, Phan Van Anh Vu (Vu "Nhom") and their accomplices for the crime of "Violating regulations on management and use of State assets causing loss and waste" and the crime of "Violating regulations on land management".
In the decision of the above judgment, the Appellate Court ordered the People's Committee of Da Nang City to recover for the State the real estates including 11 houses, land and 2 plots of land.
At the same time, hand over the recovery of the 29-hectare land plot belonging to the Da Phuoc New International Urban Area Project in Tam Thuan Ward, Thanh Khe District and Thanh Binh Ward, Hai Chau District.
In addition, the Appellate Court also ordered the People's Committee of Da Nang City to revoke the Non Nuoc Beach Tourism Project, in Hoa Hai Ward, Ngu Hanh Son District, with an area of 3.77 hectares.
After the above-mentioned criminal appeal judgment came into legal effect, the People's Committee of Da Nang City implemented the judgment and issued a decision to recover assets such as houses and land. However, the process of implementing the judgment encountered many difficulties, and the People's Committee of the City also received many documents from relevant individuals and groups with recommendations related to the assets to be recovered.
Specifically, land plot No. B3-13-35, map sheet No. KT01/01, Harbour Ville Urban Area, Nai Hien Dong Ward, Son Tra District, area of over 174m2 and land plot No. B3-13-51, map sheet KT01/01, Harbour Ville Urban Area, Nai Hien Dong Ward, Son Tra District, area of over 210m2 were both transferred before the Investigation Police Agency - Ministry of Public Security conducted the seizure (no longer the property of Phan Van Anh Vu and his wife Nguyen Thi Thu Hien).
Therefore, the People's Committee of Da Nang City requested the High People's Court in Hanoi to consider and recommend the Chief Justice of the Supreme People's Court and the Chief Prosecutor of the Supreme People's Procuracy to consider appealing the verdict.
The next problem is the assets with differences between the asset seizure order of the Investigation Police Agency - Ministry of Public Security, the verdict and reality, including: House and land at 20 Bach Dang; house and land at 7 Bach Dang; house and land at 37 Pasteur. Therefore, Da Nang proposed to adjust the content of the verdict.
Regarding the group of recovered assets related to Vu "nhom"'s relatives, a number of organizations and individuals have petitioned for the recovery and compensation of legal assets, including real estate at 22 Co Giang (in the name of Ms. Nguyen Thi Thu Hien), real estate at 2 Hai Phong (Ms. Ngo Minh Anh, Ngo Minh Phuong), real estate at 20 Bach Dang, 34 Hoang Van Thu (Ms. Phan Anh Hanh Trinh), real estate at 45 Nguyen Thai Hoc (IVC Company Limited), real estate at 73 Nguyen Thai Hoc (Nhat Gia Phuc Investment Joint Stock Company), real estate at 47 Nguyen Thai Hoc (Phu Gia Compound Company Limited)...
The People's Committee of Da Nang City reported to the High People's Court in Hanoi for consideration and recommendation to the Directorate of Inspection I and the Supreme People's Court to advise the Supreme People's Court leaders to provide guidance for Da Nang to implement the judgment and resolve the recommendations of the above-mentioned related organizations and individuals.
For the Coastal Tourism Project on Truong Sa Street, this project has been granted an Investment Certificate and land allocation and lease according to the investment project approved by the People's Committee of Da Nang City.
According to Article 48 of the Investment Law , there is no provision for project revocation, only for termination of investment project activities . Article 64 of the 2013 Land Law only stipulates land revocation due to violations of land laws.
Therefore, the People's Committee of Da Nang City reported to the High People's Court in Hanoi to review and correct the verdict: "Assign the People's Committee of Da Nang City to reclaim land and terminate the operation of the Non Nuoc Beach Tourism Area project, area 3.77ha, Hoa Hai ward, Ngu Hanh Son district, Da Nang city".
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