How did 29 hectares of villa land fall into the hands of Vu "aluminum"?
The Supreme People's Procuracy accused Phan Van Anh Vu of gradually turning 29 hectares of public land into private property over the course of 10 years, with the help of the Chairman of the Da Nang People's Committee.
According to the indictment of the case"Violation of management and use of State assets and land"occurred in Da Nang issued by the Supreme People's Procuracy in October, 29 hectares of land belonging to the Da Phuoc International New Urban Area Project, located in the two central districts of Thanh Khe and Hai Chau.
Da Nang called for investment in the construction of the Da Phuoc new urban area project in Hai Chau district and in mid-2006 received a registration dossier from Daewon Company Limited (Korea).
In October 2006, before issuing the agreement in principle, the leaders of the Da Nang People's Committee had a meeting with the investor Daewon Company, attended by defendants Le Canh Duong (Deputy Director of the Investment Promotion Center) and Phan Van Anh Vu (Vu "nhom", Chairman of Construction Joint Stock Company 79). The parties agreed that the 29-hectare area for the construction of villas and townhouses, Daewon would form a joint venture with a Vietnamese company to exploit.
After this working session, Mr. Tran Van Minh (Chairman of Da Nang People's Committee from 2006 to 2011) directed Mr. Le Canh Duong to draft a principle agreement between Daewon and Da Nang in investing in the Da Phuoc International New Urban Area Project. The agreement was drafted in the direction of handing over the land for building villas and townhouses to Vu "Nhom" for a joint venture with Daewon to implement the project.
The indictment stated that from the beginning when signing the agreement in principle in 2006 with Daewon Company, Mr. Tran Van Minh, Le Canh Duong, Nguyen Dieu (Director of the Department of Natural Resources and Environment) created conditions for Construction Joint Stock Company 79 to participate in the project and receive the right to use the area of 29 hectares of land at the price of 300,000 VND per square meter.2at Da Phuoc International Urban Area without auction of land use rights.
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Defendant Vu "aluminum".Photo: Huu Khoa |
On November 16, 2006, Chairman Tran Van Minh and Daewon signed an agreement in principle drafted by Le Canh Duong with the following content: Da Nang agreed to assign Daewon Company to implement the Da Phuoc urban complex - golf course project with a project scale of about 204 hectares. The investor is responsible for leveling and reclaiming land from the sea, building infrastructure on the entire project area. After leveling, the investor will hand over about 30 hectares of land to build public works of the city.
Of the remaining 174 hectares, Da Nang will lease 145 hectares to Daewon for 50 years at a price of 10 million USD to build a commercial service area and golf course. Land and space rentals will not be adjusted during the entire operation of the project.
With an area of about 29 hectares for the construction of villas and townhouses, Daewon will cooperate with a Vietnamese company to develop. Due to the joint venture with Daewon, Construction Joint Stock Company 79 will therefore receive this land and pay 87 billion VND in land use fees.
On July 6, 2012, Da Nang granted a Certificate of Land Use Rights for an area of 29 hectares to Construction Joint Stock Company 79. After being granted the Certificate of Land Use Rights, at the end of November 2015, Daewon signed a contract to transfer 51% of the charter capital at Da Phuoc Housing Development Company Limited to Construction Joint Stock Company 79 for VND 340 billion.
After transferring the capital contribution, Da Phuoc Housing Development Company Limited changed its name to Da Phuoc Housing Development Company Limited with Vu "nhom" as chairman. On November 30, 2015, Vu "nhom" signed a contract to transfer all capital contribution at Da Phuoc Housing Development Company Limited to Mr. Vo Ngoc Chau (residing in Ho Chi Minh City) for 428 billion VND.
Currently, the 29-hectare project in Da Phuoc International Urban Area is invested by Da Phuoc Housing Development Company Limited, with Mr. Vo Ngoc Chau as General Director. This company is implementing the construction of commercial townhouses and high-rise apartments combining trade and services and has transferred 189 villa plots, with an area of 16,600 m2 to nearly 200 customers, with a total transaction value of VND 1,280 billion.
The Supreme People's Procuracy concluded that there was sufficient basis to determine that the above-mentioned acts of the defendants: Tran Van Minh, Nguyen Dieu, Tran Van Toan, Le Canh Duong and Phan Van Anh Vu violated the provisions of the 2003 Land Law, causing damage to the state budget of more than 11,200 billion VND.
This amount is calculated based on the market value of 29 hectares (mid-2018) of more than 12,300 billion VND minus the amount Vu "Nhom" paid to get the land use right of 87 billion VND.
This is one of 7 real estates and 22 public houses and lands damaged in the case. The Supreme People's Procuracy determined that for various reasons, from 2006 to 2014, defendant Tran Van Minh and 19 accomplices helped Vu "nhom" gain particularly large illegal profits through receiving the transfer of assets, management rights, and exploitation of 18 public houses and lands and 7 land projects. As a result, the State suffered a loss of more than 22,000 billion VND.
The Supreme People's Procuracy prosecuted 21 defendants for 2 crimes"Violating regulations on management and use of state assets causing loss and waste"and "Violations of land management regulations"(Articles 219 and 229 of the 2015 Penal Code), including Mr. Tran Van Minh, Nguyen Dieu, Tran Van Toan, Le Canh Duong and Phan Van Anh Vu.