Court upholds first instance verdict against 2 former Khanh Hoa Chairmen, requests province to reclaim 'golden land'

On November 28, the High-Level People's Court in Da Nang opened an appeal hearing for the case of "Violating regulations on management and use of State assets causing loss and waste" according to the appeal of Dinh Vang Nha Trang Company Limited.

The defendants include Nguyen Chien Thang, Le Duc Vinh (both former Chairmen of Khanh Hoa Provincial People's Committee), Dao Cong Thien (former Vice Chairman of the Provincial People's Committee), and Vo Tan Thai (former Director of the Department of Planning and Investment, former Director of the Department of Natural Resources and Environment).

According to the indictment, when the People's Committee of Khanh Hoa province called for investors to implement the project at the land plot 28E Tran Phu, Nha Trang City (total area of ​​over 20,000m2), only Dinh Vang Nha Trang Company submitted an application in January 2013 and for 3 years no company or enterprise participated.

Defendant Nguyen Chien Thang (front) and defendant Le Duc Vinh leave the court after the appeal hearing.

In March 2013, defendant Nguyen Chien Thang (then Chairman of Khanh Hoa Provincial People's Committee) agreed in principle to negotiate the investment location of Nha Trang Golden Gate Project for Dinh Vang Nha Trang Company at this location.

Defendant Vo Tan Thai (then Director of the Department of Natural Resources and Environment of Khanh Hoa province) signed a request to lease land and assign land to Dinh Vang Nha Trang Company to implement the project. Defendant Dao Cong Thien (Vice Chairman of Khanh Hoa Provincial People's Committee from March 2015 to December 2019) signed a decision to allow Dinh Vang Nha Trang Company to lease more than 20,000 square meters of land for the project.

The indictment also determined that while holding the position of Vice Chairman of Khanh Hoa Provincial People's Committee, defendant Le Duc Vinh signed decisions to reclaim land to implement the project, signed official dispatches directing compensation and handling of assets on land at the project. While holding the position of Chairman of Khanh Hoa Provincial People's Committee, defendant Vinh directed the handover of assets on land to Dinh Vang Nha Trang Company.

From these decisions, Dinh Vang Nha Trang Company paid compensation and site clearance to related units and paid nearly 76 billion VND in land use fees.

However, when this company implemented the project, the Provincial Department of Construction Inspectorate made a record because it did not have a construction permit.

At the appeal hearing, the representative of Dinh Vang Nha Trang Company stated that the first instance court's decision to reclaim the project's land had caused damage to the company. Therefore, the company requested the appellate court to declare that it could continue implementing the project and pay additional land use fees upon re-evaluation.

Defendant Nguyen Chien Thang also admitted that this violation was committed by the People's Committee of Khanh Hoa province, not the investor, so he hoped that the panel of judges would evaluate and make a decision allowing the investor to continue implementing the project.

The trial was held online with the main connection point at the High People's Court in Da Nang and the secondary connection point at the People's Court of Khanh Hoa province.

However, the representative of the High-level People's Procuracy in Da Nang said that the land allocated by the People's Committee of Khanh Hoa province to the investor without auction or bidding was against regulations, causing a loss of more than 137 billion VND and must be recovered.

The appellate court also determined that the investor was wrong in implementing the project without a construction permit and that allocating land without auction or bidding was not in accordance with regulations.

Therefore, the People's Court upheld the original judgment, and assigned the Khanh Hoa Provincial People's Committee to revoke the Nha Trang Golden Gate Project. The court upheld the sentence of 5 years and 6 months in prison for Nguyen Chien Thang, 3 years and 6 months in prison for the two defendants Le Duc Vinh and Dao Cong Thien, and 4 years in prison for Vo Tan Thai, all for the crime of "Violating regulations on management and use of State assets, causing loss and waste".

Chau Thu

Source: https://vtcnews.vn/toa-tuyen-y-an-so-tham-2-cuu-chu-tich-khanh-hoa-yeu-cau-tinh-thu-hoi-dat-vang-ar910243.html