Why is singer Khanh Phuong's assets only frozen in Lam Dong province?
On October 3, the Lam Dong Department of Justice requested notary organizations to stop conducting property transactions of Mr. Pham Khanh Phuong (singer Khanh Phuong), the enterprise he represents - Nhat Nam Khang Investment Joint Stock Company (Nhat Nam Khang Company) and 11 other individuals.
Reviewing information, documents and stopping transactions to verify the case of fraud and appropriation of assets occurring at Nhat Nam Real Estate Investment and Trading Joint Stock Company (Nhat Nam Company).
Singer Khanh Phuong.
Talking to Giao Thong Newspaper about this issue, lawyer Tran Xuan Tien - Head of Dong Doi Law Office (Hanoi Bar Association) said that Clause 1, Article 5 of the 2015 Criminal Procedure Code stipulates the responsibilities of state agencies, organizations and individuals in the fight against crime.
Specifically: "Within the scope of their responsibilities, state agencies must apply crime prevention measures and coordinate with competent authorities in conducting proceedings in the fight against crime."
Therefore, lawyer Tien believes that the Lam Dong Provincial Department of Justice's document requesting to temporarily suspend the execution of Mr. Khanh Phuong's property transactions is appropriate.
"On the other hand, because it is a document from the Department of Justice of Lam Dong province, only Mr. Khanh Phuong's assets in this province have their property transactions temporarily suspended according to the directive document.
Regarding Mr. Phuong's assets in other provinces/cities, it depends on the directives of the competent authorities in that locality to consider whether the transaction is suspended or not," lawyer Tien analyzed.
Lawyer Tran Xuan Tien - Head of Dong Doi Law Office (Hanoi Bar Association).
Previously, singer Khanh Phuong also affirmed that he had nothing to do with the work of Nhat Nam Company.
"During the investigation, the authorities can make some decisions to prevent risks from the people involved. This is only in Lam Dong province, other provinces are normal," the singer of "Warm Wind Scarf" affirmed.
What about Khanh Phuong's other assets?
Regarding the fact that his wife, Ms. Vu Thi Thuy - Chairwoman of the Board of Directors and General Director of Nhat Nam Company, was detained to investigate the act of "Fraudulent appropriation of property", Khanh Phuong also affirmed: "If in this case, any individual discovers that I have committed any violations, please report it, certainly the authorities and the law will investigate, clarify and take appropriate action."
In the middle of this year, the identity of Khanh Phuong's wife was made public as Ms. Vu Thi Thuy - Chairwoman of the Board of Directors and General Director of Nhat Nam Company, surprising everyone.
Starting from the story of Ms. Thuy being prosecuted and temporarily detained, and Mr. Phuong having his assets suspended, public opinion is particularly interested in the legal situation: Will singer Khanh Phuong's other assets (if any) continue to be frozen to serve the investigation and remedy the consequences? When a husband or wife is involved in legal trouble, in which case will the other person be jointly responsible?
Attorney Tran Xuan Tien said that, in principle, anyone who commits a crime must be legally responsible for his or her crime. In cases where a spouse is being investigated, prosecuted, or tried for property-related crimes, determining the separate property of this person is very important.
Pursuant to Clause 4, Article 45 of the 2014 Law on Marriage and Family, which stipulates the separate property obligations of husband and wife, husband and wife must fulfill the obligations arising from their illegal acts.
Accordingly, the husband/wife who does not violate the law will not be held responsible with his/her assets.
However, in reality, there are many cases where only the husband/wife is detained or imprisoned, but the authorities can still apply temporary emergency measures to the other person's assets, with the aim of preventing the dispersion or destruction of assets, as well as ensuring the execution of the judgment later.
"According to Clause 2, Article 33 of the 2014 Law on Marriage and Family, it is stipulated that: "Common property of spouses is jointly owned and used to ensure the needs of the family and fulfill the common obligations of spouses ."
Therefore, when a husband/wife is detained or prosecuted and the investigation agency has not yet separated their common assets, it is necessary to apply measures such as freezing the assets of the husband and wife or temporarily suspending property transactions...
If the property of the spouse being held in custody has been separated from the common property of the couple and the spouse is not involved in this case, the competent authority will return the property to the owner or legal manager of that property because there is no longer a basis to apply the above measures," added lawyer Tien.
On September 8, the Hanoi City Police Department issued a decision to prosecute and temporarily detain Ms. Vu Thi Thuy - Chairwoman of the Board of Directors and General Director of Nhat Nam Company to investigate the act of "Fraudulent appropriation of property". Ms. Thuy is the wife of singer Khanh Phuong.
According to initial investigation, in the period of 2020 - 2022, Nhat Nam Company mobilized nearly 9,000 billion VND from more than 20,000 individuals through 45,525 business cooperation contracts. The company spent nearly 2,300 billion VND to pay commissions to brokers. Ms. Thuy personally used 635 billion VND.
Ms. Thuy declared that Nhat Nam Company has not made any profit and the company does not have any projects or real estate in Hoa Binh and Binh Thuan provinces as advertised.
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