Dozens of people broke into and attacked the security guards at Victory Tower: Sao Kim Company still retains legal management rights to the building.

According to the judgment of the People's Court of District 7 and the response document of the People's Court of Ho Chi Minh City to the investor's request for temporary emergency measures, the right to manage the Victory Tower building still belongs to Sao Kim Company according to Clause 13.3, Article 13 of Contract No. 03 of 2017 signed by the two parties.

Building management rights belong to Sao Kim Company.

Sao Kim Company still retains the legal management rights of Victory Tower building.

Sao Kim Company is the unit managing and operating the Victory Tower building under Contract No. 03/2017/CCDVQLVH-SK dated February 20, 2017 signed with the building investor, Petroleum Infrastructure and Urban Investment Joint Stock Company, now renamed Victory Capital Joint Stock Company (VCG Company). The term of management and operation of the building under the contract is 72 months (from February 20, 2017 to February 19, 2023). According to the first instance judgment of the People's Court of District 7, the Victory Tower building is under the management of Sao Kim Company. However, before the contract expired, the two parties had a dispute over the building management contract. On December 27, 2022, Sao Kim Company filed a lawsuit against VCG Company and was accepted, tried and declared by District 7 People's Court in First Instance Judgment No. 119/2023/KDTM-ST dated September 25, 2023 (first instance judgment). In this first instance judgment, District 7 People's Court stated: "During the implementation of Contract No. 03 (contract period from February 20, 2017 to February 20, 2023), on December 9, 2022, a dispute arose between the parties and a lawsuit was filed at District 7 People's Court. Therefore, based on Clause 13.3, Article 13 of Contract 03, the parties must continue to perform the contract until there is a final judgment by the competent authority to ensure the stable and safe operation of the building in accordance with the provisions of Point g, Clause 9.4, Article 9 of Contract No. 03. Thus, there is a basis to accept the request of the plaintiff, Sao Kim Company, to request VCG Company to continue to perform Contract 03 according to Article 13.3 of the Contract. From there, the Trial Panel (TP) declared: "The defendant, VCG Company, must pay to Sao Kim Company (plaintiff) for a total amount of more than 51.4 billion VND. Accept the request of the plaintiff Sao Kim Company to require VCG Company to continue to perform Contract No. 03 according to Article 13.3 of the Contract. Immediately after VCG Company pays off the above debt, Sao Kim Company must hand over all management and operation rights of the building according to the provisions on termination of Contract No. 03 at Point 9.5, Article 9 of the Management and Operation Service Contract No. 03/2017/CCDVQLVH-SK dated February 20, 2017. At the same time, the Panel of Judges also declared that Sao Kim Company must pay VCG Company nearly 8.1 billion VND (debt of infrastructure exploitation revenue until February 19, 2023)". Disagreeing with the judgment at the first instance judgment, VCG Company appealed. VCG's request was not accepted by the People's Court of Ho Chi Minh City.

Dozens of people broke into and attacked the security guards at Victory Tower: Sao Kim Company still retains legal management rights to the building. — *Victory Tower Building*

After the first instance trial, on December 4, 2023, VCG Company submitted a petition to the Ho Chi Minh City People's Court requesting the application of temporary emergency measures against Sao Kim Company with a request to prohibit or force certain acts. Specifically: "Forcing Sao Kim Company to hand over the management and operation of the Victory Tower building at 12 Tan Trao, Tan Phu Ward, District 7 to Victory Capital Joint Stock Company or a unit authorized by Victory Capital Joint Stock Company". VCG Company's request was rejected by the Ho Chi Minh City People's Court in the Response Document to the Request for Application of Temporary Emergency Measures No. 17, dated January 4, 2024. Ho Chi Minh City People's Court. Ho Chi Minh City People's Committee said: "The request for temporary emergency measures of VCG Company is unfounded. Because, the request for temporary emergency measures of VCG Company is related to the rights and obligations of the parties in Contract No. 03 signed by both parties. The request of VCG Company affects the right to sue of Sao Kim Company because according to the agreement of the parties in Clause 13.3, Article 13 of Contract No. 03 stipulates: "To ensure the stable and safe operation of the building, if a contract dispute occurs, during the time the litigation agency resolves the dispute, this contract will still be performed until there is a final judgment of the competent State agency". "Contract No. 03 of 2017 is a voluntary agreement of the parties, does not violate the prohibitions of law and social ethics, in which the terms clearly stipulate the rights and obligations of the parties. Accordingly, the authority and responsibility of the management party are specifically stipulated in Article 7, while the authority and responsibility of the investor are clearly stated in Article 8 of the contract. Violation and termination of the contract are stipulated in Article 9; In case of contract disputes, Article 13 is the basis for settlement." The leader of Sao Kim Company affirmed that the company always promptly reports incidents related to all management and operation activities of the Victory Tower building to the local authorities, in order to request timely and correct instructions so that the management and operation work in the building is safe, continuous and stable in accordance with legal regulations.

Before the court's ruling, dozens of strangers came to the Victory Tower building to attack the security forces and guards. This group of people brazenly controlled the guards, used crowbars and CO2 tanks to destroy the door of the building's Technical System Control Center (FCC Room). Afterwards, the People's Committee of District 7 invited the parties to work, requiring both sides to maintain security and order, waiting for the court's ruling. In case of any intentional disturbance, the authorities will handle it according to the law. However, the ink had not yet dried on the minutes of the meeting of the People's Committee of District 7 when many strangers continued to come to the Victory Tower building to demand that the forces on duty here hand over the authority to manage and protect the building. * The People's Representative Newspaper continues to monitor and inform the results of the above incident to readers and voters nationwide.

Le Thanh

source