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Why did the court return the case file regarding the director and his subordinates embezzling over 34 billion VND?

VTC NewsVTC News15/11/2024


On the afternoon of November 15th, after several days of deliberation, the Thua Thien Hue Provincial People's Court announced the return of the case file regarding the "Embezzlement of Assets" case that occurred at the 878 Construction and Mechanical Engineering Joint Stock Company (address: 31 Ly Dao Thanh Street, Phu Bai Ward, Huong Thuy Town, Thua Thien Hue Province). The defendants on trial included Le Huu Tien (former Director), Tran Viet Hung (former Deputy Director), Truong Van Huy (former Head of Equipment and Materials Department), and Le Van Tuan (former Chief Accountant) of the company.

The reason the Thua Thien Hue Provincial People's Court returned the case file is to allow the Thua Thien Hue Provincial People's Procuracy to clarify the criminal and civil responsibilities of other individuals involved in the case. Simultaneously, it allows the Thua Thien Hue Provincial People's Procuracy to conduct confrontations between those involved in the case to determine the amount of money the defendants embezzled, in order to take measures to recover it.

The defendants at the trial. (Photo: Ngoc Sang)

The defendants at the trial. (Photo: Ngoc Sang)

Previously, in February 2023, the Investigation Police Department of Thua Thien Hue province issued a decision to initiate a criminal case, indict the defendants, and temporarily detain the four individuals mentioned above. On November 7th and 8th, the Thua Thien Hue Provincial People's Court held a first-instance trial for the case of "embezzlement of assets" and "tax evasion" occurring at the 878 Construction and Mechanical Engineering Joint Stock Company against the four defendants Tien, Hung, Huy, and Tuan.

According to the case file, Construction and Mechanical Engineering Joint Stock Company 878 is a member of the Vietnam Railway Construction Corporation (address: 33 Lang Ha Street, O Cho Dua Ward, Dong Da District, Hanoi ).

Prior to December 31, 2017, the Vietnam Railway Construction Corporation was 100% state-owned. From April 4, 2018 to the present, through the equitization process, this enterprise has divested 100% of its state-owned capital.

Prior to December 31, 2015, the Vietnam Railway Construction Corporation held 51.44% of the charter capital in Construction and Mechanical Engineering Company No. 878. From December 31, 2016 to the present, the Vietnam Railway Construction Corporation holds 61.34% of the charter capital in Construction and Mechanical Engineering Company No. 878.

Le Huu Tien (born in 1959) is authorized to represent the capital stake of the Vietnam Railway Construction Corporation in Construction and Mechanical Engineering Company 878, holding the position of Chairman of the Board of Directors and Director of Construction and Mechanical Engineering Company 878.

Le Van Tuan (born 1976) holds the position of Deputy Head of the Finance and Accounting Department and Chief Accountant; Tran Viet Hung (born 1969) holds the position of Deputy Director; and Truong Van Huy (born 1970) holds the position of Deputy Head of the Materials and Equipment Department of 878 Construction and Mechanical Engineering Joint Stock Company.

Between August 2016 and May 2018, Le Huu Tien signed contracts with one construction company in Ho Chi Minh City and another construction company in Quang Ngai province.

Le Huu Tien instructed and directed his subordinates in meetings of the 878 Construction and Mechanical Engineering Joint Stock Company to purchase value-added tax invoices and create fictitious payment documents to withdraw money from the company to pay for the aforementioned contract.

Le Van Tuan and Tran Viet Hung were responsible for finding companies selling fake invoices. Subsequently, Le Van Tuan, Tran Viet Hung, and Truong Van Huy fabricated and signed fictitious construction and acceptance contracts to legitimize documents, and signed 21 payment orders from Construction and Mechanical Engineering Joint Stock Company 878 to companies selling fake invoices that did not actually carry out the construction work, thereby embezzling a total of 34,729,848,000 VND from Construction and Mechanical Engineering Joint Stock Company 878.

In addition to the aforementioned criminal acts, Le Huu Tien also used 15 illegal value-added tax invoices (fictitious invoices) to declare taxes for the purpose of deducting value-added tax and corporate income tax for Construction and Mechanical Engineering Company 878, causing a loss to the state of 7,693,004,234 VND in tax revenue.

NGUYEN VUONG


Source: https://vtcnews.vn/vi-sao-toa-tra-ho-so-vu-giam-doc-cung-thuoc-cap-tham-o-hon-34-ty-dong-ar907647.html

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