How did the Deputy Secretary of Dong Nai help her husband's company benefit?
This is one of the contents in the Inspection Conclusion of the Government Inspectorate on the Commercial Service Residential Area project in Phuoc Tan commune, Bien Hoa city, Dong Nai, invested by Cuong Hung Company Limited.
This project is located in the key economic zone south of National Highway 51, the main road between Long Thanh - Vung Tau - Bien Hoa - Ho Chi Minh City, directly adjacent to Long Hung Open Economic Zone, Long Thanh Golf Course and was approved for investment by Dong Nai Provincial People's Committee in 2012.
Currently, the project has just started leveling, has not reached the design elevation and has only invested in the main road's rough construction. The project's subsequent investment activities have not yet been continued.
Deputy Secretary of Dong Nai Provincial Party Committee Phan Thi My Thanh |
The primary responsibility lies with Ms. Phan Thi My Thanh.
The conclusion clearly stated that the People's Committee of Dong Nai province and related departments and branches showed signs of lax management, leading to shortcomings and violations in the process of project investment preparation, compliance with planning, land use plans, construction planning, construction investment management, financial capacity assessment, determination of financial obligations on land, and issuance of business registration certificates.
The project implementation of Cuong Hung Company has many violations in compliance with regulations on construction investment, accounting regime and corporate governance.
According to the Government Inspectorate, the responsibility for violations in state management of the project implementation by Cuong Hung Company Limited as the investor belongs to the relevant agencies, units and individuals in the consultation, but first and foremost, it is the responsibility of Ms. Phan Thi My Thanh - Vice Chairwoman of the Provincial People's Committee, the person who signs the administrative documents of the province with the highest legal value.
Mr. Tran Van Vinh - Vice Chairman of Dong Nai Provincial People's Committee has not promptly checked, detected and handled documents with contents in his field of responsibility, signed and issued but signed by another Vice Chairman (specifically Ms. Thanh), which is not performing well the tasks assigned by the Chairman of the Provincial People's Committee.
Mr. Dinh Quoc Thai - Chairman of Dong Nai Provincial People's Committee is jointly responsible for the violations and shortcomings of his subordinates and the shortcomings and omissions in the state management of the project implementation by Cuong Hung Company as the investor.
The Government Inspectorate believes that Ms. Phan Thi My Thanh - Deputy Secretary of Dong Nai Provincial Party Committee, during her time as Vice Chairman of the Provincial People's Committee, signed the decision to allow investment in the project which was not in accordance with legal regulations; signed the report requesting opinions from the Ministry of Construction which was not true, not in accordance with the project implementation progress, signed the document allowing Cuong Hung Company to calculate the cost of road construction and installation into the reasonable cost of the Residential Area project which was not in accordance with the general policy of the province.
“Ms. Phan Thi My Thanh signed a document allowing Cuong Hung Company to do business in inland waterway terminals, land and construction materials, and extend the operation of inland waterway terminals, which are areas not assigned by the Chairman of Dong Nai Provincial People's Committee, in order to bring specific and practical benefits to the company of which her husband is the director, with the aim of allowing her husband's company to enjoy benefits that other companies in the area implementing similar projects are not entitled to,” the Conclusion stated.
Ms. Phan Thi My Thanh and her husband also directly participated in the management and operation of Cuong Hung Company several times, violating the Law on Anti-Corruption, violating discipline, administrative discipline, internal affairs, and working regulations of the People's Committee of Dong Nai province, causing negative public opinion and indignation in public opinion about Ms. Thanh's abuse of her position and authority, using political power to bring great benefits to her husband's company.
The above violations and shortcomings of Ms. Thanh were assessed by the Government Inspectorate as serious and need to be reviewed and considered for disciplinary action.
Recommendation for handling responsibility
The Government Inspectorate recommended that the Chairman of Dong Nai Provincial People's Committee direct the determination of responsibilities of relevant agencies, units and individuals for violations and shortcomings in this project and organize a review to handle responsibilities.
The Chairman of Dong Nai Provincial People's Committee reported to the Standing Committee of Dong Nai Provincial Party Committee to organize a review and take legal action against Ms. Phan Thi My Thanh due to her violations and shortcomings mentioned in the inspection conclusion, during her time as Vice Chairman of Dong Nai Provincial People's Committee.
The inspection agency recommended that the Chairman of Dong Nai Provincial People's Committee direct the competent authorities to inspect and settle tax obligations; handle all business registration dossiers with signs of forgery of this Company according to the law; temporarily suspend activities related to basic construction investment, site leveling, and inland waterway wharf business at the Commercial and Service Residential Area project of Cuong Hung Company until the completion of legal procedures of the project and the enterprise.
Regarding Cuong Hung Company Limited, the Government Inspectorate affirmed that this company created documents to apply for a business registration certificate that were not in accordance with legal regulations; did not hire an independent auditor; the accounting system did not comply with state regulations; its operations did not comply with the Law on Enterprises and the company's charter; and it organized construction activities without a license and without approval of the project's basic design, which is against the law...
Therefore, Cuong Hung Company immediately stops violations of the law such as: Organizing construction without a license at the project, creating business registration documents that are not in accordance with legal regulations; organizing the company's operations that are not in accordance with the provisions of the Enterprise Law...