The People's Committee of Da Nang City has just sent a report to the High People's Court in Hanoi and the High People's Procuracy in Hanoi on the difficulties and obstacles in implementing the verdict related to the case of Phan Van Anh Vu (Vu "nhom").
According to Report 1316 of the People's Committee of Da Nang City signed on March 14.3, criminal appeal judgment No. 158 dated May 12.5.2020, XNUMX of the High People's Court in Hanoi found defendants Tran Van Minh, Phan Van Anh Vu and their accomplices guilty of the crime. violating regulations on management and use of state assets causing loss, waste and violating land management regulations (Youth informed).
The appellate panel ordered the People's Committee of Da Nang City to recover for the state many real estate properties in Da Nang City related to Vu "nhom", but the implementation encountered many difficulties.
According to the consensus at the interdisciplinary meeting of the High-level People's Court agencies in Hanoi, the General Department of Civil Judgment Enforcement, the Supreme People's Court, the Supreme People's Procuracy, the Ministry of Public Security, the High-level People's Procuracy in Hanoi, and the Enforcement Department. Danang City Civil Court, Da Nang City People's Procuracy, Da Nang City People's Committee On March 9.3, Da Nang City People's Committee reviewed and reported to the High People's Court in Hanoi.
According to the People's Committee of Da Nang City, there were many assets that had been transferred before distraint and were no longer in the name of Vu "nhom".
Of which, 2 land plots B3-13-35 (174,7 m2) and B3-13-51 (210,7 m2) with map K101/01 Habour Ville Urban Area (Nai Hien Dong Ward, Son Tra District) since 2016 has been transferred 7 times to many people, 2 times mortgaged by banks.
Land plot at 20 Bach Dang
Therefore, the People's Committee of Da Nang City requested the High People's Court in Hanoi to consider and recommend the Supreme People's Court and the Supreme People's Procuracy to protest this content.
In addition, many assets have differences between distraint orders, judgments and reality, such as real estate at 20 and 07 Bach Dang, 37 and 39 Pasteur, which have been converted into land use rights certificates, the City People's Committee. Da Nang proposed to adjust the content of the judgment.
Regarding the group of recovered assets related to Vu "Nhom's" relatives, a number of organizations and individuals have proposed the recovery and compensation of legal assets, including real estate at 22 Co Giang (in the name of Ms. Nguyen Thi Thu). Hien, wife of Vu "nhom"), real estate 02 Hai Phong (Ms. Ngo Minh Anh, Ngo Minh Phuong), real estate 20 Bach Dang, 34 Hoang Van Thu (Ms. Phan Anh Hanh Trinh), real estate 45 Nguyen Thai Hoc ( IVC Company Limited), real estate at 72 Nguyen Thai Hoc (Nhat Gia Phuc Investment Joint Stock Company), real estate at 47 Nguyen Thai Hoc (Phu Gia Compound Company Limited)…
Problems with recovery of real estate
Specifically, according to the People's Committee of Da Nang City, these organizations and individuals petition that these are their legal assets, have been granted land use rights certificates, and some assets have been owned by new owners. construction on land, if recovered, compensation must be paid.
However, regarding the compensation value according to the conclusion of the case or the market value at the time of actual handover of land use rights, the appellate judgment has not specifically resolved. Therefore, it is necessary to propose to explain the judgment, clarify related issues, and completely resolve the legitimate rights of property owners.
Previously, at the questioning session on March 20.3.2023, XNUMX of the National Assembly, Chief Justice of the Supreme People's Court Nguyen Hoa Binh answered delegate Nguyen Thi Kim Thuy (Da Nang City) about determining the value of damages in economic cases. In reality, corruption is not consistent at the time of crime or prosecution.
According to Mr. Nguyen Hoa Binh, from the guidance of the Central Steering Committee on preventing and combating corruption and negativity, in 2022 the Council of Judges of the Supreme People's Court issued a resolution, all cases take place at the time of occurrence. criminal acts as a basis for determining property value to calculate the value of damages in cases.
Real estate 37 – 39 Pasteur (Hai Chau District)
According to the People's Committee of Da Nang City, the inter-agency meeting on March 9.3 at the High People's Court in Hanoi agreed: "The group of 20 distrained assets related to the wife and relatives of defendant Phan Van Anh Vu and Construction Joint Stock Company 79 , IVC Company Limited, Bac Nam Construction Joint Stock Company 79 have a dispute over division of ownership and use rights. We request the Department of Directors to check and advise the Supreme People's Court leadership to resolve it."
Therefore, the People's Committee of Da Nang City requested the High People's Court in Hanoi to consider and recommend that the Department of Inspection Director 1 advise the Supreme People's Court to guide the City People's Committee in implementing the judgment to recover assets related to the case. Vu “aluminum”.
For the Truong Sa coastal tourist area (3,77 hectares), the verdict assigned the People's Committee of Da Nang City to revoke the project. Meanwhile, this project has been granted an investment certificate and land allocation and land lease.
According to the City People's Committee, Article 48 of the Investment Law does not stipulate project recovery, only termination of project operations, Article 64 of the 2013 Land Law only stipulates land recovery due to land law violations; There is no concept of "project revocation" as the verdict declared, leading to confusion for the People's Committee of Da Nang City.
“According to the understanding of the judgment of the People's Committee of Da Nang City, the land will be recovered, then the project will be terminated and the investment certificate will be revoked. The City People's Committee asked for the opinion of the High People's Court in Hanoi, requesting the court to correct and adjust the judgment so that the city has a basis for implementation," the People's Committee of Da Nang City proposed.
