On 24/9, the Supreme People's Court of Appeals in Ho Chi Minh City reviewed the appeals of several former officials from the former Tan Binh district. They were convicted of wrongdoing in issuing land use rights and house ownership certificates for a state-owned property to Pham Thai Hoc (58), the primary defendant in the case.

Hoc maintained his appeal for a reduction of his 12-year, 6-month sentence for fraud. His accomplice, Vo Trung Dung (a former land and construction official), also appealed his 12-year sentence.

Also involved in the case, Nguyen Van Thuyet (former director of the Land Registration Office branch) and Tran Van Tam (former head of the district's Department of Natural Resources and Environment) appealed their 3-year sentences for violating state property management regulations, resulting in a loss of over 14 billion VND.

Nguyen Thanh Lam, the former deputy chairman of the ward, maintained his innocence against his 6-year sentence.

Lam asserted he was neither assigned to nor aware of the list of public assets in the area. He stated that the ward chairman, not the deputy chairman, was responsible for managing and maintaining the inventory of public assets.

The defendants at the appellate hearing. Photo: Binh Nguyen

The defendants at the appellate hearing. Photo: Binh Nguyen

The property at 318/82 Pham Van Hai street, a house originally owned by a family who left the country, was designated as "abandoned property" in 1994 and placed under the management of the Tan Binh district People's Committee.

In 2018, Hoc, wanting to acquire the house, enlisted Dung's help. Dung fabricated documents about the property's origins, guided Hoc through the application process, and processed the incomplete application.

Based on Dung's submission and Lam's signature, the application was forwarded to the Land Registration Office and the Department of Natural Resources and Environment. Despite inconsistencies, Thuyet and Tam approved the application, leading to the district People's Committee issuing the ownership certificate to Hoc. With the certificate, Hoc rebuilt and mortgaged the property, causing a loss of over 14 billion VND to the state.

A crucial signature

While asserting a deputy chairman wasn't responsible for public asset management, Lam admitted to signing Hoc's application on 5/6/2018. He claimed the signature was merely procedural, confirming the completeness of the application, not recommending its approval. He explained that the application then went through a rigorous ISO-compliant review process by the Land Registration Office and the Department of Natural Resources and Environment.

"My signature was not part of the approval process," Lam said.

The judges questioned Lam extensively, emphasizing that the fraudulent transfer wouldn't have happened without his signature. They also pointed out that he signed the application after only 13 days of public posting, two days short of the required 15, despite inconsistencies in the documents.

Lam explained he "trusted his subordinate," a long-time land official, and hadn't identified the house as state-owned despite reviewing the application.

Similarly, Tam claimed the legal responsibility rested with the preceding agencies. "The Department of Natural Resources and Environment only verifies the completeness of the documents before submitting them to the district People's Committee," Tam said. "The application lacked any indication of state ownership, and it had all the necessary signatures and confirmations according to ISO procedures, so I submitted it for approval."

Tam claimed he was a victim of wrongdoing by officials at the Land Registration Office. However, he didn't claim innocence, only requesting a reduced sentence.

Prosecution recommends reduced sentences

The prosecution upheld the original verdict, finding all defendants guilty. They acknowledged Thuyet and Tam's efforts to rectify the situation, their service records, and mitigating circumstances, recommending suspended sentences.

The prosecution also suggested the court consider reducing the sentences for Hoc, Dung, and Lam.

After a day of proceedings, the judges adjourned, scheduling the verdict for 29/9.

Hai Duyen