Mr. Tran Vinh Tuyen would like to review the 6-year prison sentence

On the morning of May 11, the High People’s Court in Ho Chi Minh City opened an appellate court to consider his appeal to reduce his sentence Tran Vinh Tuyen – was convicted of a crime Violation of regulations on management and use of property causing loss and waste under Clause 3, Article 219 of the Penal Code.

During the first-instance trial at the end of last year, Mr. Tuyen and his lawyer asked the court to be exempt from criminal liability.

As the mastermind, Mr Le Tan Hung (59 years old, former general manager of Sagri) and three others also appealed for a reduction in the punishment. Particularly, defendant Tran Trong Tuan, 53 years old, former director of Ho Chi Minh City’s Department of Construction, appealed and asked the appellate court to review the case fairly and objectively.

Meanwhile, the People’s Procuracy of Ho Chi Minh City appealed and asked the high court to re-determine the damage of the case as 672 billion VND, equivalent to the project transfer value at the time of prosecution, not 348 billion VND. (at the time of the violation) as the judgment of the first instance court.

The first-instance judgment determined that the housing project in Phuoc Long B ward, district 9 (now Thu Duc city) was assigned by the People’s Committee of Ho Chi Minh City to Sagri (100% state capital) to manage. The transfer must be done in accordance with the law on management of state capital in enterprises, must have a plan for divestment, valuation at market prices, auction…

However, Mr. Tuyen and other officials from the People’s Committee of Ho Chi Minh City lacked in appraising the dossier. In which, Mr. Tuyen based on the advisory report of the Department of Construction signed by Mr. Tuan, approved for Sagri to transfer the project to Phong Phu Corporation without taking the prescribed steps.

The trial panel said that Mr. Tuan knew that Sagri had asked to transfer the project when he had not complied with the law on the state’s capital contribution, but he still directed his subordinates to submit a report to the city for approval. As the Director of the Department of Construction, defendant Tuan did not fulfill his responsibilities in advising Mr. Tuyen.

For Mr. Le Tan Hung, the first instance court said that the defendant, who was assigned to manage State assets in Sagri, was forced to know that the project transfer must be done in accordance with the provisions of the law to ensure no property loss. However, Mr. Hung has directed and influenced his subordinates to complete the transfer application when the conditions were not met.

In addition, when he was still the General Director of Sagri, Mr. Hung directed his subordinates to withdraw 13.3 billion VND of the company to “organize employees to study abroad”, but in reality there was no trip. be done.

In the first-instance trial in December 2021, the People’s Court of Ho Chi Minh City sentenced Mr. Tuyen and Mr. Tuan to 6 years in prison. Mr. Hung received 11 years for the crime Violation of regulations on state management; 14 years of crime Property embezzlement; The total penalty to be served is 25 years in prison. The remaining 16 defendants were sentenced to sentences ranging from 3 years suspended to 20 years in prison.

The jury announced the cancellation of the project transfer contract between Sagri and Phong Phu Company, and assigned the People’s Committee of Ho Chi Minh City to carry out the withdrawal procedures and hand it back to Sagri for management.

The trial is expected to last until May 13.

­Thao Mi