In relation to the case of altering the inspection conclusion of the Dai Ninh Project, Nova Real Estate Investment Group Joint Stock Company and Thien Vuong Real Estate Investment and Development Co., Ltd. have filed appeals.
These companies requested the Hanoi High-Level People’s Court to reconsider the first-instance judgment, aiming not to confiscate and allocate to the state budget the amount of 2,700 billion VND and not to propose the retrieval of the Dai Ninh Project. They also requested that the project be handed over to the involved parties to continue its implementation.
Regarding this matter, Saigon Dai Ninh Lavender Tourism Investment Co., Ltd., of which defendant Nguyen Cao Tri (CEO of Saigon Dai Ninh Company) is the legal representative, also filed an appeal requesting the appellate court not to confiscate and allocate to the state budget the amount of 2,700 billion VND.
The company appealed not to propose the retrieval of the Dai Ninh Project and not to retrieve the Business Registration Certificates, including the eighth registration and the following ones (if any), of the company.
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Among the defendants, only Nguyen Nho Dinh (former inspector of Bureau II, Government Inspectorate) appealed for a reduced sentence after the first-instance trial. The remaining defendants did not appeal.
According to the first-instance judgment, during the inspection of land management and use and investment in construction in Lam Dong province in the 2013-2018 period, the Government Inspectorate determined that Saigon Dai Ninh Company had multiple violations in carrying out the Dai Ninh Project and proposed the retrieval of the project.
Knowing this, defendant Nguyen Cao Tri agreed to buy the Dai Ninh Project from Ms. Phan Thi Hoa. Subsequently, Tri took advantage of his relationships and used money and material interests to collude with individuals in the Government Office, the Government Inspectorate, the Lam Dong Party Committee, and the People’s Committee of Lam Dong province to alter and adjust the government’s conclusion unlawfully.
Nguyen Cao Tri repeatedly bribed the defendants at the Government Inspectorate and the Lam Dong Party Committee and People’s Committee with a total amount of over 7 billion VND to commit violations and help Tri achieve his goal of changing the inspection conclusion from terminating the operation and retrieving the land of the Dai Ninh Project to not retrieving, postponing the progress, and continuing the implementation of the project, which goes against legal regulations.
Then, Mr. Tri used Lavender Company as a legal entity to sell the project to Thien Vuong Company and received 2,700 billion VND.
The judgment identified that Ms. Phan Thi Hoa and the project purchasers fully understood the legal status and were aware that the Dai Ninh Project had been proposed for retrieval and termination by the Government Inspectorate.
However, Ms. Hoa still transferred the shares of Saigon Dai Ninh Company to Nguyen Cao Tri. Tri then directed Lavender Company to sign a Confidentiality Agreement and a Share Transfer Agreement of Saigon Dai Ninh Company with Thien Vuong Company.
The involved parties in the above transfer transactions were aware and fully understood the current status and legal nature of the Dai Ninh Project and accepted the risks.
Nguyen Cao Tri employed unlawful methods and measures to “lobby” for the project to be extended and its progress postponed, contrary to legal regulations. Afterward, he signed agreements and contracts for the transfer of shares and proceeded with the transfer of money, despite not adhering to the progress, deadlines, and violating the provisions of the contracts and agreements.
Therefore, the first-instance court ruled that the entire amount of 2,700 billion VND received by Nguyen Cao Tri from the transfer of Saigon Dai Ninh Company’s shares resulted from a series of violations committed by Tri himself. This amount was considered illegal gains and, thus, must be confiscated and allocated to the state budget.
Out of this amount, Nguyen Cao Tri transferred 1,685 billion VND to Phan Thi Hoa, so she must return the received amount. Nguyen Cao Tri has to submit the amount he has spent, which is 1,014.72 billion VND.
The first-instance judgment also proposed that the Government Inspectorate consider revoking Inspection Conclusion No. 1033 (not retrieving the project and allowing its continuation). Simultaneously, it proposed that the People’s Committee of Lam Dong province consider revoking the Business Registration Certificate, including the eighth registration and the following ones (if any), of Saigon Dai Ninh Company. The People’s Committee of Lam Dong province is responsible for carrying out the necessary procedures to terminate the project’s operation according to Inspection Conclusion No. 929 and the provisions of the law.
BUI TRANG
– 18:30 21/02/2025
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