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 about the difficulties and obstacles in implementing the verdict related to the Phan Van Anh Vu (Vu "nhom") case.

According to report 1316 of the People's Committee of Da Nang City signed on March 14, the criminal appeal judgment No. 158 dated May 12, 2020 of the High People's Court in Hanoi sentenced the defendants Tran Van Minh, Phan Van Anh Vu and accomplices to the crime of violating regulations on management and use of state assets causing loss and waste and the crime of violating regulations on land management ( Thanh Nien reported).

The appellate court ordered the People's Committee of Da Nang City to recover for the state many real estates in Da Nang City related to Vu "aluminum", but the implementation encountered many difficulties.

According to the agreement at the inter-sectoral meeting of the High-level People's Court 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, the Department of Civil Judgment Enforcement of Da Nang City, the People's Procuracy of Da Nang City, and the People's Committee of Da Nang City on March 9, the People's Committee of Da Nang City reviewed and reported to the High-level People's Court in Hanoi.

According to the People's Committee of Da Nang City, many assets were transferred before being seized and are no longer under the name of Vu "nhom".

Of which, 2 plots of land B3-13-35 (174.7 ^m2 ) and B3-13-51 (210.7 ^m2 ) with map sheet K101/01 of Habour Ville Urban Area (Nai Hien Dong Ward, Son Tra District) since 2016 have been transferred 7 times to many people, and mortgaged to the bank 2 times.

Therefore, the People's Committee of Da Nang City requests 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 the seizure order, the judgment and reality, such as the real estate at 20 and 07 Bach Dang, 37 and 39 Pasteur which have been changed to land use right certificates. The People's Committee of Da Nang City 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 petitioned for the recovery and compensation of legal assets, including real estate at 22 Co Giang (in the name of Ms. Nguyen Thi Thu Hien, Vu "nhom's" wife), real estate at 02 Hai Phong (Ms. Ngo Minh Anh, Ngo Minh Phuong), real estate at 20 Bach Dang, 34 Hoang Van Thu (Ms. Phan Anh Hanh Trinh), real estate at 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 in recovering real estate

Specifically, according to the People's Committee of Da Nang City, these organizations and individuals requested that these are their legal assets, with land use right certificates, some assets have been invested in and built on the land by the new owners, and if they are recovered, compensation must be paid.

However, the appellate judgment has not specifically resolved the compensation value according to the conclusion of the case or the market value at the time of receiving the land use rights in practice. Therefore, it is necessary to propose to explain the judgment, clarify related issues, and completely resolve the legitimate rights of the property owner.

Previously, at the National Assembly's question-and-answer session on March 20, 2023, Chief Justice of the Supreme People's Court Nguyen Hoa Binh answered delegate Nguyen Thi Kim Thuy (Da Nang City) about the inconsistent determination of damage values ​​in economic and corruption cases 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 Supreme People's Court Council of Judges issued a resolution that all cases take the time of the crime as the basis for determining the value of assets to calculate the value of damages in the cases.

According to the People's Committee of Da Nang City, the interdisciplinary meeting on March 9 at the High People's Court in Hanoi agreed: "The group of 20 seized assets related to the wife and relatives of defendant Phan Van Anh Vu and Construction Joint Stock Company 79, IVC Company Limited, and Bac Nam 79 Construction Joint Stock Company have disputes over ownership and usage rights. Request the Director Department to inspect 1 to advise the Supreme People's Court leadership to resolve."

Therefore, the People's Committee of Da Nang City requested the High People's Court in Hanoi to consider and recommend the Directorate of Inspection 1 to advise the Supreme People's Court to guide the City People's Committee to implement the judgment to recover assets related to the Vu "aluminum" case.

Regarding the Truong Sa coastal tourist area (3.77 ha), 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 lease.

According to the City People's Committee, Article 48 of the Investment Law does not stipulate project revocation, only termination of project activities, Article 64 of the 2013 Land Law only stipulates land revocation due to violations of land laws; there is no concept of "project revocation" as stated in the verdict, leading to confusion for the Da Nang City People's Committee.

"According to the understanding of the verdict of the People's Committee of Da Nang City, the land will be reclaimed, the project will be terminated and the investment certificate will be revoked. The People's Committee of the city will seek the opinion of the High People's Court in Hanoi, requesting the court to correct and adjust the verdict so that the city has a basis for implementation," the People's Committee of Da Nang City proposed.