Among those prosecuted are Mr. Trinh Van Chien (former Secretary of Thanh Hoa Provincial Party Committee, when committing the crime he was Chairman of Thanh Hoa Provincial People's Committee), Nguyen Dinh Xung (former Vice Chairman of Thanh Hoa Provincial People's Committee), Nguyen Ba Hung (former Deputy Director of Thanh Hoa Provincial Department of Finance), Ms. Dinh Cam Van (former Director of Thanh Hoa Provincial Department of Finance).

Thanh Hoa Provincial People's Procuracy also prosecuted the following defendants with the same charge of Violating regulations on management and use of State assets causing loss and waste: Nguyen Manh Son (Chairman of the Board of Directors of Song Ma Company), Ngo Dinh Chen (former Deputy Director of the Department of Finance of Thanh Hoa Province), Cu Dinh Hien (former Deputy Chief of Office of Thanh Hoa Provincial People's Committee), Dinh Xuan Huong (General Director, Member of the Board of Directors of Song Ma One Member Co., Ltd.).

According to the indictment, Song Ma Company Limited, formerly Thanh Hoa Housing Trading Company, is a 100% state-owned enterprise under the People's Committee of Thanh Hoa province. This company is assigned to manage 1,733.8m2 (old collective housing area) at No. 3 Phan Chu Trinh, Dien Bien ward, Thanh Hoa city, Thanh Hoa province.

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Mr. Trinh Van Chien listens to the reading of the decisions to prosecute and search. Photo: CACC

To implement equitization, the Steering Committee and the Steering Committee's Working Group for Equitization determined the enterprise value; the Department of Finance submitted a report dated February 23, 2012 requesting the Chairman of the Thanh Hoa Provincial People's Committee to approve the total value of the company's assets as of September 30, 2011 to be more than 474 billion VND; actual debt payable to be more than 439 billion VND; the value of the State capital portion was more than 34 billion VND.

On that basis, on April 5, 2012, Thanh Hoa Provincial People's Committee signed a decision approving the enterprise value; Decision approving the equitization plan, converting Song Ma Company into a joint stock company, the number of shares issued for the first time is 3.5 million shares.

According to the accusation, although in the process of equitization, there was no decision on land allocation, the competent authority had not approved the project investment, but Mr. Nguyen Manh Son still agreed to let Mr. Dinh Xuan Huong sign a document to send to the People's Committee of Thanh Hoa province to request to be assigned as the investor to build a high-rise building for general services. The form of land allocation is with land use fee collection.

By 2012, the project was approved for detailed planning at a scale of 1/500, assigning Song Ma Company as the investor of the Hac Thanh Tower project (function of constructing a commercial building, office for lease combined with apartment houses, actual area is 2,961.8m2, of which, construction land area is 1,960m2, traffic land is 656.2m2).

Before the day the State officially allocated land to implement the Hac Thanh Tower project, Mr. Nguyen Manh Son agreed, Mr. Dinh Xuan Huong signed the proposal document of the relevant units advising the Chairman of Thanh Hoa Provincial People's Committee to agree to allow Song Ma Company to mobilize capital by transferring land use rights to Huy Hoang Company Limited.

On August 16, 2012, Mr. Trinh Van Chien, then Chairman of Thanh Hoa Provincial People's Committee, signed a document agreeing to allow Song Ma One Member Co., Ltd. to transfer 1,227.4m2 at No. 3 Phan Chu Trinh to Huy Hoang Co., Ltd. at a price of 21 million VND/m2. The remaining area continued to be transferred to 3 other individuals.

The indictment determined that in the process of illegal land transfer, Mr. Dinh Xuan Huong benefited more than 6.4 billion VND and Mr. Nguyen Manh Son benefited 3.5 billion VND.

Mr. Trinh Van Chien himself agreed to let Song Ma Company transfer the land, agreed to apply the land allocation price at the time of January 2013 according to the land price of 2009, which was illegal and caused damage to the State.

Mr. Nguyen Dinh Xung, former Vice Chairman of Thanh Hoa Provincial People's Committee, signed a decision approving the land use fee paid to the State budget by Song Ma Company at 21 million VND/m2 illegally, signed a decision approving the enterprise value at the time the company officially converted into a joint stock company, determining the actual enterprise value did not include the land value, causing damage to the State.

According to the indictment, the defendants' actions were very serious, violating the economic management order of land, enterprise equitization, management and use of state assets, causing damage to the state of more than 55 billion VND.