The fate of assets related to the father and son of Tan Hiep Phat's Chairman

As reported by VietNamNet, the Ministry of Public Security's Investigation Police Agency has just prosecuted and temporarily detained Tan Hiep Phat Chairman Tran Quy Thanh and his two daughters, Tran Uyen Phuong and Tran Ngoc Bich, to investigate the crime of "Abuse of trust to appropriate property", stipulated in Clause 4, Article 175 of the Penal Code.

Previously, the Ministry of Public Security assigned the Ministry of Public Security's Investigation Police Agency (C01) to investigate, verify, and resolve the complaint against Mr. Thanh and his two daughters for committing acts of "Fraudulent appropriation of property", "Abuse of trust to appropriate property", "Tax evasion", "Extortion of property" in projects and real estate of particularly large value in Dong Nai province and Ho Chi Minh City since November 2020.

Speaking to Vietnamnet, Dr. and lawyer Dang Van Cuong said that with the decision to initiate criminal proceedings and prosecute the above defendant, the owner of Tan Hiep Phat Group and his daughter may face a penalty of up to 20 years in prison.

Authorities in front of Tan Hiep Phat Group's headquarters in Thuan An City, Binh Duong Province. Photo: XA

According to the provisions of law, the crime of Abuse of trust to appropriate property arises from a civil relationship involving the delivery of property, after which the recipient of the property abuses the trust of the person delivering the property to use various methods and tricks to appropriate the property.

The lawyer said that during the investigation of the case, the investigating agency will determine who among those who denounced the defendants is the victim; When did the civil transaction take place; How much money was transferred to the defendants; What evidence is there to prove the money transfer.

At the same time, the Investigation Agency will clarify the means of appropriating property here; is it fraud, absconding, using property for illegal purposes leading to the inability to return the property or being in a case of having the obligation to return the property, having the conditions to return the property but intentionally not returning it.

The fate of assets related to the father and son of Tan Hiep Phat's Chairman

According to lawyer Dang Van Cuong, in parallel with initiating a criminal case for investigation, the Investigation Police will also clarify what the misappropriated assets are, who is managing these assets to proceed with sealing, seizing, and confiscating them to ensure execution of the judgment.

In addition, the investigation agency may apply preventive measures to avoid asset dispersion and seize assets to ensure enforcement of the judgment.

The prosecution and arrest of the enterprise manager by the investigation agency will more or less affect the general operations of the enterprise and its reputation in business operations. However, the prosecution agency will also create conditions for the enterprise to continue operating and carrying out business activities in accordance with the provisions of law.

For assets related to criminal cases, they may be frozen, but for assets not related to the case, which are the assets of the enterprise, the investigation agency will not intervene, allowing the enterprise to continue operating.

Lawyers analyze that according to the law, if a business manager is prosecuted or detained, his or her deputy or those designated in the company's charter will continue to manage and operate the business on behalf of the head.

The crime of abuse of trust to appropriate property does not apply to commercial legal entities, so with the crime that Mr. Tran Quy Thanh and his son are currently being prosecuted for, only the individual who committed the illegal act will be prosecuted.

Business operations of enterprises continue as normal, except in cases where there is a written prohibition from competent authorities as prescribed by law.

The criminal prosecution and prosecution of Mr. Tran Quy Thanh and his son are just the first steps. The Investigation Police Agency will continue to clarify the acts shown through the denunciations of a number of individuals and continue to expand the investigation of the case to determine whether, in addition to the two defendants who have been prosecuted, there are any organizations or individuals who have violated the law or not, and the extent of the violation of the law to handle it according to the provisions of the law.