A Delayed Justice: The Evasive Convict and the Long Road to Recompense
In September 2019, the People’s Court of Lam Dong Province ordered Mr. Le Van Bao to pay Nguyen Phat Company VND 11.4 billion. However, just a day after the ruling, Mr. Bao hastily sold his only house, raising suspicions of asset concealment.
A Rush to Sell After the Verdict?
On September 24, 2019, the People’s Court of Lam Dong Province ruled in favor of Nguyen Phat Company, ordering Mr. Le Van Bao to pay the company VND 11.4 billion. The ruling took effect immediately.
Surprisingly, just a day later, on September 25, 2019, Mr. Bao and his wife signed a contract to transfer the property located at 40/11 Huyen Tran Cong Chua to Mr. Doan Van Huan for VND 1.5 billion. Upon discovering this, Nguyen Phat Company submitted a request to the Da Lat City branch of the Land Registration Office to temporarily halt the transaction.
In response, the office stated that if, by October 16, 2019, Nguyen Phat Company failed to provide a decision from a competent authority or a property seizure document to ensure the enforcement of the ruling, they would proceed with the property transfer and issue a land use right certificate to the new owner.
On October 16, 2019, at 3:00 PM, Nguyen Phat Company, accompanied by an official from the Da Lat City Civil Judgment Enforcement Bureau, submitted two documents: the Enforcement Decision upon Request No. 18/QD-CCTHADS and the Decision to Temporarily Halt the Registration, Transfer of Ownership, and Use of Assets No. 01/QD-CCTHADS (both signed on October 16, 2019). The company received a receipt from the Da Lat City branch of the Land Registration Office at 3:45 PM on the same day.
However, on the same day, October 16, the Da Lat City branch of the Land Registration Office updated the land use right certificate, transferring ownership to Mr. Doan Van Huan.
“The ruling took effect immediately, but just a day later, Mr. Bao sold the property at 40/11 Huyen Tran Cong Chua. This appears to be an attempt to conceal assets and evade enforcement,” said a representative of Nguyen Phat Company.
Mr. Doan Van Huan, the buyer, stated in a document dated March 28, 2022, that the purchase was legal and made in 2015 for VND 5 billion, with a deposit of VND 500 million. He explained that the delay in the transaction was due to his insufficient funds and the lack of a land use right certificate from Mr. Bao. The official transfer contract was signed on September 25, 2019.
Contrarily, in a working session on March 16, 2023, Mr. Le Van Bao claimed that he had transferred the property before the court’s ruling.
40/11 Huyen Tran Cong Chua property as seen from the back
Enforcing the Judgment
During an enforcement session on March 16, 2023, Mr. Bao claimed he had no assets left. He stated that the house and land at 40/11 Huyen Tran Cong Chua had been sold to Mr. Doan Van Huan for VND 5 billion on September 25, 2019.
On July 5, 2024, the Da Lat City branch of the Land Registration Office issued a notice canceling the confirmation of Mr. Doan Van Huan’s registration changes on Mr. Bao’s land use right certificate. This meant that the transfer of the property between Mr. Bao and Mr. Huan was not recognized, and Mr. Bao still owned the house and land, allowing for its seizure to compensate Nguyen Phat Company.
Additionally, there was a discrepancy in the stated value of the property. While the transfer contract dated September 25, 2019, between Mr. Bao and Mr. Huan stated a value of VND 1.5 billion, Mr. Huan admitted in a document dated March 28, 2022, that the actual value was VND 5 billion, which he had fully paid to Mr. Bao. Nguyen Phat Company considered this a case of tax evasion in real estate transactions.
As a result, the company petitioned the relevant authorities to seize and handle the property at 40/11 Huyen Tran Cong Chua, owned by Mr. Le Van Bao and his wife, to enforce the judgment and address related issues.
“The appeal court’s ruling on September 24, 2019, took effect immediately, but nearly six years have passed without a resolution. We have continuously approached the concerned units for a solution,” expressed the company representative.
Attorney Truong Van Tuan, head of the Trạng Sài Gòn Law Office, reviewed the case and confirmed that the Da Lat City Civil Judgment Enforcement Bureau is now authorized to seize the house and land in question. If there are disputes regarding the seized property, individuals or organizations can file a lawsuit with the competent court and notify the Da Lat City Civil Judgment Enforcement Bureau to temporarily halt the auction of the seized property.
