On November 28, the People’s Court of Appeal in Da Nang held a trial to review the case of “Violation of regulations on the management and use of state assets, causing loss and waste” at the Nha Trang Golden Gate project located at 28E Tran Phu, Vinh Nguyen Ward, Nha Trang City, Khanh Hoa Province.
The trial was conducted online between the Court of Appeal in Da Nang and the Court in Khanh Hoa Province.
Present at the trial were Mr. Nguyen Chien Thang and Mr. Le Duc Vinh, former Chairmen of the People’s Committee of Khanh Hoa Province. The remaining accused, Mr. Dao Cong Thien and Mr. Vo Tan Thai, former Vice Chairman of the People’s Committee of Khanh Hoa Province and former Director of the Department of Planning and Investment, and former Director of the Department of Natural Resources and Environment, respectively, requested to be absent due to health reasons.
The appeal trial was initiated by the investor of the Nha Trang Golden Gate project, Dinh Vang Nha Trang JSC, who appealed the previous ruling by the Khanh Hoa Provincial People’s Court. The original verdict stated: “Regarding civil liability and legal measures, the People’s Committee of Khanh Hoa Province is responsible for carrying out the necessary procedures to retrieve and manage the entire land lot at 28E Tran Phu, which was previously allocated to Dinh Vang Nha Trang JSC.”
At the appeal trial, Dinh Vang Nha Trang JSC and their legal representatives argued that the company had no violations during the project’s execution and requested to continue managing and implementing the project, as well as seeking a re-evaluation of the assets on the land.
Mr. Nguyen Chien Thang and Mr. Le Duc Vinh agreed and supported the perspective of Dinh Vang Nha Trang JSC.
However, the representative of the Supreme People’s Procuracy proposed that the Court of Appeal reject the appeal of Dinh Vang Nha Trang JSC and uphold the original verdict.
Mr. Nguyen Chien Thang (right) and Mr. Dao Cong Thien
After deliberations, the Court of Appeal rejected the appeal of Dinh Vang Nha Trang JSC, upholding the original verdict to prevent further state asset losses, social resource waste, and increasing damages due to the prolonged inability to exploit the land lot. This decision also aims to prevent complaints and grievances that could impact the local investment environment and social order.
Regarding the request for a re-evaluation of assets, the Court of Appeal also rejected the appeal of Dinh Vang Nha Trang JSC.
The land lot at 28E Tran Phu has a total area of 20,100 square meters, consisting of two adjacent lots managed by the Khanh Hoa Power Joint Stock Company and the Central Power Center for Rehabilitation.
From 2013 to 2015, the four accused individuals violated state management laws related to investor selection, land retrieval, architectural planning agreements, land allocation, and leasing for the 28E Tran Phu land lot.
Their violations resulted in Dinh Vang Nha Trang JSC being allowed to implement the Nha Trang Golden Gate housing project without undergoing land-use right auctions or project bidding, causing a loss of more than 137.7 billion VND to the state budget.
Nha Trang Golden Gate project at 28E Tran Phu, Vinh Nguyen Ward, Nha Trang City, Khanh Hoa Province.
Former Chairman of the Khanh Hoa Provincial People’s Committee, Nguyen Chien Thang, was complicit in this violation by approving and signing investment certificates and agreeing to architectural planning proposals that contravened the law, enabling the company to execute the Nha Trang Golden Gate project.
In the previous trial held at the end of 2023, the Khanh Hoa Provincial People’s Court sentenced Nguyen Chien Thang to 5 years and 6 months in prison, Le Duc Vinh to 3 years and 6 months, Dao Cong Thien to 3 years and 6 months, and Vo Tan Thai to 4 years.
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