On August 8, the Ho Chi Minh City Police Department of Investigation Security completed the third supplementary investigation conclusion and transferred it to the People's Procuracy of the same level to propose prosecuting Diep Dung (former Chairman of the Board of Directors of the Ho Chi Minh City Union of Commercial Cooperatives - Saigon Co.op) and his accomplices including Vo Thanh Trung, Ton That Hao, Nguyen Thanh Nhan, Ho My Hoa, Tran Trung Liet, Hang Thanh Dan, Nguyen Thi Thuy Trang, Pham Thi Minh Ngoc for the crimes of Abuse of power while performing official duties and Lack of responsibility causing serious consequences at Saigon Co.op.
Previously, upon receiving the second supplementary investigation conclusion, the Ho Chi Minh City People's Procuracy continued to return the file for supplementary investigation, requesting the Security Investigation Agency to supplement a number of issues.
According to the investigation conclusion, in February 2016, the Board of Directors of Saigon Co.op met and passed a Resolution to agree on the plan to implement the merger and acquisition of Big C Vietnam and mobilize capital to carry out the deal.
Mr. Diep Dung before his arrest.
On March 4, 2016, Saigon Co.op's Board of Directors continued to meet to pass a resolution on capital arrangement.
On the same day, defendant Diep Dung arbitrarily signed an official dispatch to "Dear Potential Investors" announcing the implementation of capital mobilization in 2 phases with the amount of 10,000 billion VND, the purpose of which is to deposit for the acquisition of the Big C retail system in Vietnam.
In this document, Diep Dung announced the account number to receive capital contributions from Saigon Co.op.
On August 19, 2016, defendant Diep Dung (without the approval of the Board of Directors) arbitrarily took 1,000 billion VND from 3,000 billion VND mobilized as a deposit for the acquisition of the Big C Vietnam chain; then arbitrarily signed an investment cooperation contract and transferred the above 1,000 billion VND to 2 private companies.
In fact, the investment cooperation contract between the parties is that Diep Dung takes 1,000 billion VND to lend, with an interest rate of 7%/year.
According to the investment cooperation contract with two private companies, Saigon Co.op was entitled to receive a fixed profit rate of 7%/year. However, defendant Diep Dung later arbitrarily signed a supplementary agreement to adjust the profit rate from 7%/year to 0%/year, causing a loss of more than VND115 billion to Saigon Co.op (of which the tax loss was nearly VND30 billion).
Previously, the Ho Chi Minh City People's Procuracy returned the case file, requesting additional investigation into 5 contents of the case. In particular, regarding the verification of the legal representatives of the companies that contributed capital to Saigon Co.op in 2016, according to the latest additional investigation conclusion, the Investigation Security Agency recorded the statements of 41/56 individuals, determining: 3,000 billion VND that 56 companies contributed capital to Saigon Co.op (first mobilization) originated from private companies.
Regarding the case, at the end of 2022, Dai A Real Estate Joint Stock Company voluntarily handed over VND 1.5 billion to remedy the consequences for defendant Ton That Hao (according to the Payment Authorization dated December 7, 2022), and New Urban Development Investment Joint Stock Company voluntarily handed over VND 3.5 billion to remedy the consequences for defendant Vo Thanh Trung (according to the Payment Authorization dated December 7, 2022).
By early April 2023, the defense attorney for defendant Diep Dung had provided files and documents for defendant Diep Dung in the case of Intentionally disclosing state secrets; appropriating state secret documents by Nguyen Hoai Bac, Le Thi Phuong Hong and Diep Dung.
Previously, in early February 2023, the Investigation Security Agency issued an order to detain suspects Diep Dung, Vo Thanh Trung, and Ton That Hao for a period of 1 month and 29 days until April 7.
In addition, the Investigation Agency also issued an order prohibiting people from leaving their place of residence and decided to temporarily suspend exit from the country for the accused Hang Thanh Dan, Ho My Hoa, Nguyen Thanh Nhan, Nguyen Thi Thuy Trang, Pham Thi Minh Ngoc and Tran Trung Liet.
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