39-39B Ben Van Don land case: Nguyễn Thị Như Loan sentenced to 1 year and 6 months in prison, suspended

On the evening of April 10, the Ho Chi Minh City People’s Court sentenced 22 defendants in a case involving the Vietnam Rubber Industry Group, Dong Nai Rubber Company, Ba Ria Rubber Company, and related units concerning land plot 39-39B Ben Van Don.

Key sentences

The court sentenced Le Quang Thung, former acting chairman of the board and CEO of the Vietnam Rubber Group, to 6 years in prison for accepting bribes. He was also sentenced to 8 years for violations of regulations on state asset management causing loss and waste, bringing his total sentence to 14 years.

Defendants Le Y Linh (former director of Viet Tin) and Dang Phuoc Dua (former chairman of the board of Viet Tin) received a combined 7 years 6 months in prison for the crimes of giving bribes and violations of asset management regulations causing loss and waste.

Nguyễn Thị Như Loan, former CEO of Quốc Cường Gia Lai Joint Stock Company, was sentenced to 1 year and 6 months in prison, suspended, for violating regulations on managing and using state assets, causing loss and waste.

Nguyễn Thị Hồng, a former Deputy Chairwoman of the Ho Chi Minh City People’s Committee, received 2 years in prison, suspended, for abusing her position and authority while performing official duties.

Đào Thị Hương Lan, former Director of the Department of Finance (currently a fugitive and under manhunt, tried in absentia), was sentenced to 3 years in prison for abusing her position and authority while performing official duties.

The remaining defendants were sentenced from 2 years in prison, suspended, to 5 years in prison.

Court findings and development of the case

The court found that the Vietnam Rubber Industry Group was entrusted by the State to manage and use multiple assets, including land at 39-39B Ben Van Don in Ho Chi Minh City. The Rubber Group later transferred the land to Dong Nai Rubber and Ba Ria Rubber for management.

As part of state asset restructuring, a plan to convert the land at 39-39B Ben Van Don for residential use to house staff was approved by the City People’s Committee and the Ministry of Finance. During implementation, the court determined that Thung and others committed violations, including bribery and mismanagement of state assets, converting state land into private property and causing state losses totaling 542,746,884,540 đồng.

The court identified Thung as the initiator of the wrongdoing, coordinating with Le Y Linh and Dang Phuoc Dua to transfer the land without appraisal or auction, and therefore bearing primary responsibility. The court also concluded that defendants from the Rubber Group and related units colluded with private enterprises to transfer land without proper valuation or auction, violating the law.

Some defendants involved in Ho Chi Minh City’s administration acted for personal gain, and the court found that certain asset valuation processes were tainted by bribes and misreporting of land value.

Impact and rationale for sentencing

The court concluded that the offenses were committed with direct intent, causing substantial losses to state assets and undermining economic governance. It stated that the defendants had no immunity due to their ranks.

The court noted that the defendants were well-educated and understood legal requirements, but personal gain and insufficient legal understanding led to the violations. The court said the acts damaged state assets, harmed government credibility, and provoked public discontent, warranting strict punishment to deter and educate.