The Hanoi People's Procuracy has prosecuted Mr. Le Thanh Than (Chairman of Muong Thanh Group) for "Deceiving customers" related to violations related to the CT6 Kien Hung project (Ha Dong, Hanoi).
In addition to Mr. Than, the People's Procuracy also prosecuted 6 officials for the crime of "Lack of responsibility causing serious consequences".
Accordingly, the indictment shows that this project was only approved by the People's Committee of Ha Tay province (now the People's Committee of Hanoi) for the detailed construction plan of 1/500 (in Decision 1610/QD-UBND dated June 13, 2008); the People's Committee of Hanoi did not decide to adjust the detailed construction plan of 1/500 of the project.
Bemes Company was permitted by the Hanoi People's Committee to change the land use purpose to implement the CT6 Kien Hung project according to the detailed construction plan 1/500 in Decision 1610/QD-UBND (in Decision 3855/QD-UBND dated August 23, 2011).
However, since October 2010, the defendant Le Thanh Than, Chairman of the Board of Directors and General Director of Bemes Company, has directed the construction of the CT6 Kien Hung project, seriously violating the detailed construction plan 1/500 approved by the People's Committee of Ha Tay province (now Hanoi). By November 2012, the project was completed and from January 2013, it was handed over to households to live in.
CT6 Kien Hung Project.
According to the indictment, defendant Le Thanh Than arbitrarily changed the land use purpose and seriously violated the planning approved by competent authorities.
Specifically, for high-rise buildings, increasing construction area, increasing building height, changing usage functions, building an additional CT6C building not included in the approved planning. For low-rise buildings, increasing the land area for construction and the number of low-rise apartments...
Since March 2011, Mr. Than has falsely advertised the legality of the project to sell apartments at the CT6 Kien Hung project, which was built in serious violation of approved planning, causing customers to believe and buy apartments at the CT6 Kien Hung project.
At the investigation agency, 488 customers who bought 488 apartments without being granted Red Books admitted that when signing the Apartment Purchase Contract, they did not know that the apartments in this project were built against the planning, and all customers trusted Mr. Than to build according to the approved design.
During the investigation, most of the victims requested support for red books; 6 victims requested to return their houses and requested the Investor to refund the house purchase price, a total amount of more than 7 billion VND.
In addition, the indictment also clearly states civil liability. Specifically, the indictment forces defendant Le Thanh Than to return a total of more than 7 billion VND to 6 victims and receive back the apartments at the CT6C project that he sold to the victims.
For other victims who request competent state agencies to issue red books, they will be separated to resolve according to civil proceedings when requested.
At the investigation agency, defendant Le Thanh Than confessed that due to his haste in seizing business opportunities, he had not yet completed administrative procedures to submit to competent authorities to adjust the detailed construction planning 1/500 of the project.
On July 31, 2019, Mr. Than submitted a request to remedy the consequences of the case according to 3 options.
Specifically, for option 1, Mr. Than proposed to consider handling according to Article 79 of Decree 139/2017/ND-CP dated November 27, 2017 of the Government and Clause 9, Article 13 of Decree 121/2013/ND-CP dated October 10, 2013 of the Government stipulating sanctions for administrative violations in construction investment activities, exploitation, processing, trading of minerals as construction materials, production of construction materials, management of technical infrastructure works, real estate business, housing development, management of house and office use.
Option 2, Mr. Le Thanh Than negotiates with home buyers at CT6C building to move to Thanh Ha - Cienco5 urban area project.
Option 3, Mr. Le Thanh Than will negotiate with home buyers at the CT6C Kien Hung project to buy back the house or return the money for the house, then demolish the CT6C Kien Hung building himself.
During the investigation, Mr. Than chose to negotiate with the homebuyer at CT6C Kien Hung to buy back the house or return the money for the house, then demolish the CT6C Kien Hung house himself. However, up to now, Bemes Company has not been able to reach an agreement with the customer.
After failing to reach an agreement with the customer, defendant Le Thanh Than requested BIDV Bank - Nam Ha Noi branch to guarantee the amount of money the defendant must return to the customer according to the provisions of law.
On November 27, 2019, BIDV Bank - Nam Ha Noi branch issued an Official Letter confirming the guarantee of VND 530 billion to remedy the consequences for defendant Le Thanh Than at the CT6 Kien Hung project.
After the Investigation Agency issued the Investigation Conclusion, concluding that the amount of illegal profits of the defendant Than was more than 534 billion VND, on October 20, 2020, Mr. Than submitted a request to review the amount of illegal profits; because the defendant had to pay for the investment in the construction of the CT6 Kien Hung project, including expenses of more than 632 billion VND.
However, the results of the additional investigation only have grounds to determine that the amount of value added tax of 488 apartments without red books that the defendant paid, more than 53 billion VND, was deducted from the amount of illegal profits.
The defendant Than's actions were determined by the Procuracy to have illegally profited more than 481 billion VND, which is also the amount of money that caused particularly serious damage to 488 customers.
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