Sunday, July 14, 2019 19:00 (GMT + 7)
Former General Director of Sai Gon Agricultural Corporation Le Tan Hung explained land sale mistakes in Phu Quoc, Phuoc Long B project …
Since the Ho Chi Minh City Inspectorate made the second conclusion about the shortcomings and mistakes that occurred in the Saigon Agricultur Corporation (Sagri) in late February 2016, in mid-March 2016, Mr Le Tan Tang, the former General Sagri's director had an explanation for the City People's Committee.
Do not mobilize capital from customers in the Phuoc Long B project
The first is a mistake the City Inspector has pointed out with regard to the Saigon Forestry Corporation (Formimex – a member company of Sagri), which sold more than 3.6 hectares of perennial cultural land in the municipality of Cua Cana. Pu Quoc, Chen Giang with cheap prices, Mr. Hung said that Formex is the legal owner of the country.
On March 28, 2016, the representative of "Formimex" Mr. Tran Viet Thang signed a contract for the transfer of the right to use the land and a contract for obtaining a deposit with Mr. Nguyen Chu Sam (for authorized representative of Mr. Doan Fuk Long) for 280,000 VND / m2 (higher than the book value of Forimex). This agreement is not certified by a competent authority and notarized.
However, by June 2016, "Formix" temporarily suspended the land transfer transaction under the previous transfer agreement and received a deposit, because it realized that the transfer price at Phu Quoc at that time was higher than at that time. Point of signing the contract.
Therefore, Mr. Hung said that transfer of parcels in Phu Quoc, Forimex and Mr Nguyen Chu Sam are in the process of implementing the transmission procedures to be submitted to the Ministry of Natural Resources and Environment in the province of Kien Ging and Formex still manages and does not enforce the transfer of land use rights to Mr Nguyen Chu Sam. Therefore, according to Mr. Hung Forimex, there is no violation of the Lease Agreement with the Department of Natural Resources and Environment of the province of Kien Guan.
Many flaws and errors occurred in Sagri
In the Fuok Long B project, the TA inspector in District 9 said Sagri sent an official sending to the People's Committee on May 16, 2017 to pledge not to raise capital while the mobilized authorized enterprise, Phong Phu Company Capital of the Client of 2012 dishonest and can cause harm to businesses.
Mr. Hung explained that: on July 19, 2012, Sagri authorized Phong Phu company to perform some obligations for the period 2012-2014. Implementation of the authorization agreement, the company Phong Phu realized the project and mobilized capital from the buyers, but did not inform it, so Sagri is not known.
However, he acknowledged that the authority for Phong Phu to directly manage the project management board was inaccurate due to the failure of the investor to comply with the obligations laid down in Decree 71/2010, and not in accordance with the obligations and powers of the investor in accordance with Decree 12/2009 of the Government in the management of the project's management board. Therefore, on August 20, 2014, Sagri's board of directors had a resolution on non-implementation of the operational mechanism for approval of the project from 1 September 2014.
After that, Sagri asked Phong Phu to decide on the return of capital mobilized to customers. On July 9, 2016, Phong Phu informed Sagri that he had liquidated capital mobilization contracts and returned the client's capital.
Therefore, according to Mr. Hung, in fact, Sagri does not mobilize capital from any client. At the same time, Sagri's books did not recognize any capitalization of the client's capital, so Sagri had a report on commitments with the City People's Committee "still not capital" when setting up the project transfer procedure.
For misdemeanors, "he does not hire an appraisal company when transferring Phooc Long B, District 9 to Phong Phu's house and transferring 28% of the contribution of the capital (in effect, the transfer of land use rights ended the technique), but not through auction, "said the City Inspector, Mr. Hung said that the transfer of this project was implemented in accordance with the guidelines of the Ministry of Finance (by applying the Law on Real Estate Operations in 2014) and approved by the City People's Committee.
In particular, in 2015, Mr. Tan Tan Kang (at that time, Vice President of the City National Committee) "gave Sagri a plan for restructuring and seriously implementing the seizure of VND130 billion invested in 3 inaccurate projects. The business sector under Decree 71/2013 the government ", including the housing project Fuok Long B.
According to Mr. Hung, in fact, this is not a form of capital contribution outside the enterprise and the transfer of Sagri's capital contribution, so it is not necessary to comply with Government Decree 91/2015.
At the same time, Sagri is also based on Article 15 of the Business Real Estate Law in 2014, which states that "the prices for the purchase, sale, transfer and lease of real estate will be agreed by the parties and specified in the contract" for the transfer . project for Phong Phu.
Because of difficulties, do not go abroad as planned
Earlier, an explanation of the content in a month (from October to November 2016), Mr. Hung signed 10 agreements for visiting and studying abroad experiences (France, Belgium, the Netherlands, Germany, Russia, India, Nepal, Thailand, South Dubai , Japan, Korea, America …) with a total value of more than 13.3 billion VND with Hoa Bin International Tourist Trade Service Company and a youth travel company volunteer.
The above agreements were implemented by two travel companies and the parties have liquidated contracts, issued financial invoices and settled the debt.
However, it is worth mentioning that the results of verification by the Immigration Department – the City Police confirmed that 40/70 persons on the list went abroad without participating in overseas trips organized by the Corporation. , 30/70 people do not have information about the Immigration Department system.
The two travel companies also confirmed that in 2016, 10 contracts were signed with Saigon Agricultural General Corporation, but they did not actually make the trip.
According to Mr. Hung's explanation, because he was busy with the celebration of the 20th anniversary of the formation of the unit, many people could not attend the trip and carried the plan by 2017. However, in 2017, due to difficulties, the unit stopped organizations and two travel agencies also repaid most of the funding.
Process of handling SAGRI violations
In October 2017, the City Inspectorate issued inspection conclusions (No. 38) following a comprehensive inspection of Sagri.
By 2018, the State Auditor continued to point to Sargri's injuries and asked the President of the City National Committee to deal with it.
In March 2016, the City People's Committee decided to discipline and punish Mr. Le Tan Hung.
October 2016: The City People's Committee raised the level of Mr. Le Tan Hung's discipline on a warning because the level of reprimand "is not proportionate to the level of error".
In January 2016, the City Commission of Inspectorate Disciplined warned Mr Le Tan Hung for the party.
In February 2016, the City Inspectorate continued to issue inspection conclusions no. 05 for offenses in Sagri
In June 2016, Mr Le Tan Hung was suspended from work and dismissed General Manager of Sagri.
On July 6, Mr Le Tan Tang was detained by the Investigation Department of the Ministry of Public Security (C01) for acts of breach of the regulations governing the use and use of state funds, causing losses and unnecessary behavior. Article 3 of Article 219 of the Criminal Code in 2015. Mr. Nguyen Tan Moi (former deputy chief of the Planning and Investments Department) was also arrested as a co-conspirator.
Then, one day, C01 continued to issue a decision to prosecute the defendant, arrest warrants and an arrest warrant for accommodation and work, for Mr Van Throne Dung, former Chairman of the Board of Members of Sagri and Ms. Nguyen Thi Tui Nguyen Chief Accountant Sagri.
Before being tried, detained, Mr. Le Tan Hung, Former Director General of Single Saigon Agricultural Corporation Limited …