Regarding real estate in Nhon Trach district (Dong Nai) and Phuoc Kien commune, Nha Be district, Ho Chi Minh City (belonging to Bac Phuoc Kien project) related to Ms. Truong My Lan, Chairwoman of the Board of Directors of Van Thinh Phat Group, the Department of Investigation Police on crimes of corruption, economy, and smuggling (Ministry of Public Security) is continuing to investigate and clarify.
According to the first-instance verdict of the case that occurred at Van Thinh Phat Group, Saigon Commercial Joint Stock Bank (SCB Bank) in phase 1, the Ho Chi Minh City People's Court assigned the Department of Investigation Police on corruption, economic crimes, and smuggling (Ministry of Public Security) to continue investigating and clarifying dozens of assets related to Ms. Lan.
Specifically, regarding 76 real estates in Nhon Trach district that have been seized, the Trial Panel considered that these real estates have signs of being related to the wrongdoings of some individuals who are the owners of the property for defendant Lan and need to be separated and resolved in another case, so it is necessary to continue to seize them for investigation and clarification.
Regarding 475 real estates related to Quoc Cuong Gia Lai Joint Stock Company (including 301 Land Use Rights Certificates, 21 notarized contracts, 147 compensation agreements for land plots in Phuoc Kien Commune, Nha Be District, Ho Chi Minh City under the Bac Phuoc Kien Residential Area Project and 6 Land Use Rights Certificates in Phong Phu Commune, Binh Chanh District), the Panel of Judges found that defendant Lan used Sunny Island Investment Joint Stock Company (Sunny Company) to sign a Contract promising to buy and sell the Bac Phuoc Kien Residential Area Project with Quoc Cuong Gia Lai Joint Stock Company at a price of VND 14,800 billion, and paid Quoc Cuong Gia Lai Joint Stock Company VND 2,882.8 billion. Quoc Cuong Gia Lai Joint Stock Company has delivered documents related to compensation for site clearance of the above project. In addition, Ms. Nguyen Thi Nhu Loan also gave defendant Lan 6 land use right certificates in Phong Phu commune, Nha Be district, Ho Chi Minh City for the purpose of borrowing more money.
Quoc Cuong Gia Lai Company sued Sunny Company in Commercial Arbitration for not paying on time as stated in the purchase and sale contract dated March 29, 2017. Accordingly, the Arbitration Council of the Vietnam International Arbitration Center issued Judgment No. 63/20HCM dated May 10, 2023 declaring that Quoc Cuong Gia Lai Company terminated the above purchase and sale contract in accordance with the provisions of the contract and the provisions of law, and did not declare that Quoc Cuong Gia Lai Company paid Sunny Company. However, this judgment of the Vietnam International Arbitration Center was annulled by the People's Court of Ho Chi Minh City (according to Decision No. 2542/2023/QD-PQTT dated December 5, 2023).
To ensure the recovery of assets for the state as well as the interests of the related parties, it is necessary to continue to seize to ensure that Quoc Cuong Gia Lai Company returns the entire amount received from defendant Lan, which is 2,882.8 billion VND. This amount is to ensure the execution of the judgment for defendant Lan in the entire case. If fully repaid, all real estate and related documents will be returned.
Regarding 16 real estates in Phuoc Kien commune, Nha Be district (about 1 hectare in area belonging to the Bac Phuoc Kien Residential Area Project), the panel of judges found that these real estates were owned by Tran Duy Binh, Tran Tuan Anh, and Nhan Nhut Phuong. The subjects stated that they contributed money with Nguyen Ngoc Duong (deceased) to buy the above plots of land. However, defendant Lan stated that she had spent 500 billion VND for Nguyen Ngoc Duong to buy a land area of about 1 hectare in the above-mentioned Bac Phuoc Kien Residential Area Project. Currently, Duong is dead, and the case files do not have sufficient grounds to determine that these real estates belong to defendant Lan. In order to have a basis for settlement in accordance with regulations, it is necessary to continue to seize these real estates, and hand them over to the investigation agency to continue clarifying and resolving them in the next phase of the case.
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