Criminal case of fraud and appropriation of property at "illegal" real estate project initiated
To gain the trust of more than 40 customers who signed contracts, Mr. Tuan received money from customers, committed to converting it to residential land, and issued separate land use right certificates for each plot. But later, Mr. Tuan did not do so and appropriated the money he had received from customers, amounting to over 34 billion VND.
On October 28, the Investigation Police Agency (IPA) of Dong Nai Province Police issued a decision to prosecute the criminal case of fraud and appropriation of property that occurred at Dai Tuan Phat Company and Dong Duong Company to investigate and handle violations at the Gragon City project, in Tam Phuoc Ward, Bien Hoa City...
The "illegal" project named Dragon City was built on a land area of about 4 hectares, with an internal traffic system made of hot asphalt concrete, sidewalks, trees and infrastructure that had been completely built like a residential project. Initially, the Investigation Police Agency determined that from 2018 to 2020, Mr. Bui Vinh Tuan, the legal representative, Director, Chairman of the Board of Directors of Dai Tuan Phat Company and Dong Duong Company, arbitrarily divided the plot of land in Tam Phuoc ward.
To gain the trust of more than 40 customers who signed a contract to transfer the land plots belonging to a part of the above plots, Mr. Tuan received money from customers, committed to converting them to residential land, and issued separate land use right certificates for each plot. But later, Mr. Tuan did not do so and appropriated the money received from customers, amounting to over 34 billion VND.
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The "underground" real estate project has completed infrastructure and divided into plots for sale. |
The land is owned by Mr. Hoang Van Ngoc, consisting of 4 plots with a total area of about 4 hectares, the purpose of use is agricultural land. In March 2016, Mr. Ngoc completed the procedure to request the division of the plot, except for the road. The Land Registration Office - Bien Hoa Branch approved the division into 47 small plots, each plot has an area of 500m2 or more. After that, the Department of Natural Resources and Environment of Dong Nai signed and issued a certificate of land use rights with the purpose of use as agricultural land.
At the end of 2018, Mr. Ngoc submitted an application to change the land use purpose to residential land. Then, Mr. Ngoc authorized Mr. Bui Vinh Tuan, Director of Dong Duong Group Development Investment Joint Stock Company, to carry out the procedures to find customers, change the land use purpose and divide the plot. Although the above land has not been converted to residential land, on August 12 and September 8, 2019, Mr. Bui Vinh Tuan organized an event to call for investment in the above land.
In response to this incident, the People's Committee of Tam Phuoc Ward conducted an inspection. Because the event organizer could not present a license, the People's Committee of Tam Phuoc Ward made a record of administrative violations, requested to stop the organization, disperse participants, and temporarily detain many tools and equipment. After that, the People's Committee of Tam Phuoc Ward issued 2 decisions to impose administrative penalties, the above individuals paid the fine and pledged not to re-offend.
At the above land, Tam Phuoc Ward People's Committee has put up signs prohibiting illegal construction and illegal land transfers, to warn people not to accept land transfers without sufficient legal basis.
Based on the planning map of Tam Phuoc ward, the above land belongs to the planning function of park land, road opening planning, residential land for renovation and improvement. Regarding the regulations on land division of Dong Nai Provincial People's Committee, the authority to resolve land division belongs to the Dong Nai Provincial Land Registration Office - Bien Hoa Branch for consideration and decision.
However, in this case, when separating the plots and excluding the roads from the above-mentioned land, the Land Registration Office did not consult the Department of Natural Resources and Environment of Bien Hoa City as prescribed. The fact that the investor arbitrarily constructed the internal road based on the road map after dividing the plots without preparing a file to apply for a construction permit and infrastructure acceptance is a violation. Thus, the separation of the above-mentioned plots of land and the formation of internal traffic routes is the responsibility of the Land Registration Office of Dong Nai Province - Bien Hoa Branch.
On June 5, 2020, the Chairman of the People's Committee of Dong Nai province requested the Chairman of the People's Committee of Bien Hoa city to clarify the construction of technical infrastructure on agricultural land in the "illegal" Dragon City project land. On June 19, 2020, the People's Committee of Dong Nai province continued to issue a document assigning the Department of Construction to preside over and coordinate with the Department of Natural Resources and Environment, the People's Committee of Bien Hoa city and related units to inspect and propose handling of the unauthorized construction of technical infrastructure on agricultural land in the above land.
