Turning a golf course into urban residential land
After nearly a month of investigation, the Supreme People’s Procuracy issued an indictment to prosecute former Chairman of Binh Thuan People’s Committee Le Tien Phuong for “Violation of regulations on the management and use of state assets, causing waste and loss.”
The same charge was also brought against other defendants, including Nguyen Ngoc and Nguyen Van Phong, former Vice Chairmen of Binh Thuan People’s Committee; Xa Duong Thang, former Director of the Department of Construction and former Secretary of Bac Binh District Party Committee; Ho Lam, former Director of the Department of Natural Resources and Environment; Do Ngoc Diep, former Chairman of Phan Thiet City People’s Committee; Le Quang Vinh, former Secretary of the Party Committee and Chairman of Phu Quy District People’s Committee; and Nguyen Van Phong, former Deputy Director of the Department of Finance and former Standing Member of the Provincial Land Price Appraisal Council.
In issuing the indictment, the Supreme People’s Procuracy assessed that this was an extremely serious case involving state management of land in the locality.
According to the accusation, Regent International OverSeas Corp (Hong Kong) was granted approval by the government to invest in the Ocean Dunes Golf Club project, spanning 62 hectares. In 2013, Rang Dong Company acquired all the shares of Regent International OverSeas Corp in Phan Thiet Golf and Golf Club Limited Company for a price of 2.5 million USD.
After acquiring the project, Rang Dong Company continued its implementation and submitted a dossier requesting an adjustment to the investment certificate.
In November 2013, in his capacity as Chairman of Binh Thuan People’s Committee, defendant Le Tien Phuong issued a certificate recognizing Rang Dong Company as the successor to all rights and interests of the previous investor. This enterprise proposed to the province to convert the golf course land into urban residential land in the Ocean Dunes Golf Club project.
Based on the proposal of Rang Dong Company and the advice of departments and sectors, on March 13, 2014, defendant Phuong signed a report to the Provincial Party Committee’s Standing Board, requesting their consideration for the policy on converting the purpose of using the Phan Thiet golf course land into urban residential land. Just two months later, the Provincial Party Committee’s Standing Board held a meeting and agreed to allow the People’s Committee of Binh Thuan to report and request the Prime Minister to permit the conversion of the entire 62-hectare golf course land into a urban area within the Ocean Dunes Golf Club project of Rang Dong.
In October 2014, the Prime Minister sent a dispatch to the Ministry of Planning and Investment and the People’s Committee of Binh Thuan Province regarding the adjustment of the Phan Thiet golf course, agreeing to remove the Phan Thiet golf course from the master plan for Vietnam’s golf courses by 2020. The People’s Committee of Binh Thuan Province was tasked with resolving related issues in accordance with legal regulations, ensuring efficient land use, environmental protection, and sustainable development.
With the Prime Minister’s approval, the People’s Committee of Binh Thuan reported and received the policy agreement from the Provincial Party Committee’s Standing Board. Subsequently, the People’s Committee of Binh Thuan directed the departments and sectors to advise and carry out procedures for adjusting the investment certificate, adjusting the master plan for construction of Phan Thiet City, granting planning permission for the urban area in the Phan Thiet golf course project, guiding Rang Dong Company in establishing a detailed plan, and adjusting land use planning.
In March 2015, at the request of the Binh Thuan Province Planning and Investment Department, defendant Le Tien Phuong signed an investment certificate (sixth amendment) adjusting the investment content from the Ocean Dunes Golf Club project to the Phan Thiet Beach Urban Area project.
Defendant Le Tien Phuong.
Additionally, Mr. Le Tien Phuong issued a decision approving the detailed planning design for the Phan Thiet Beach Urban Area project at a scale of 1/500 for the golf course land. The land use structure included 363,534 square meters of residential land combined with commercial services, with the remaining area allocated for public land, transport infrastructure, parks, and green spaces, without setting aside 20% of the land fund for social housing construction.
Subsequently, the former Chairman of Binh Thuan Province and the defendants from the provincial departments and sectors committed violations of regulations in the formulation, appraisal, and approval of land prices for the Phan Thiet Beach Urban Area project, causing particularly serious damage to state assets.
Rang Dong Company benefited
The appraisal showed that the act of approving prices for over 10 hectares of planned high-rise residential land in the project caused a loss of over VND 154 billion, and the pricing of over 25 hectares of low-rise housing also resulted in a loss of VND 154 billion.
The Procuracy concluded that the violations committed by Mr. Phuong and his accomplices caused a total loss of VND 308 billion, and Rang Dong Company benefited from this amount.
According to the confession of the former Chairman of Binh Thuan People’s Committee, he committed the crime because he wanted to expedite the approval of land prices, quickly collect land use fees for the state budget, accelerate project implementation, create a highlight for the city’s tourism, and contribute to local socio-economic development. Additionally, as the land price scheme for the project had been revised multiple times, the defendant did not want to pass on the responsibility for approving land prices to his successor.
Nguyen Ngoc, former Vice Chairman of Binh Thuan People’s Committee, confessed that he committed the crime due to work pressure as the Chairman of the People’s Committee frequently directed him to expedite the approval of land prices, quickly collect land use fees for the state budget, and facilitate the project’s implementation to create a highlight for the city’s tourism.
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