On November 1, Dan Tri‘s reporter’s source said that the Supreme People’s Procuracy (People’s Procuracy) had completed the indictment of 7 defendants before the People’s Court. People of Hanoi City to be tried for the crime of Violating regulations on lending in the activities of credit institutions“.
7 defendants include: Do Van Hung – Deputy Director of BIDV Head Office Debt Processing Center; Luu Thi Bich Thuy – former Deputy Director of BIDV Thanh Do Branch; Pham Anh Tai – former Head of Credit Department of BIDV Thanh Do – Head of Customer Department < a data-auto-link-id="6132363afb044100119a1455" data-content-name="article-content-autolink" data-content-piece="article-content-autolink_6132363afb044100119a1455" data-content-target="https://dantri .com.vn/lanh-doanh/doanh-nghiep.htm" data-track-content="" href="https://dantri.com.vn/lanh-doanh/doanh-nghiep.htm">enterprise< /a> 3 BIDV Thanh Do; Lai Minh Ngoc – Deputy Director (former Head of Appraisal and Credit Management Department) BIDV Thanh Do Branch; Le Vu Thanh – former Director of BIDV Southwest Quang Ninh Branch; Do Xuan Khoan – Deputy Director of BIDV Southwest Quang Ninh Branch.
The debt of 360 billion VND is no longer recoverable
According to the indictment During the period from December 4, 2007 to May 18, 2010, the Viet Hoa – Kenmark project appraisal team (in Tu Minh ward, Hai Duong city, Hai Duong province) included individuals: Do Quoc Hung Luu Thi Bich Thuy Pham Anh Finance Nguyen Van Ha Lai Minh Ngoc Le Vu Thanh Do Xuan Khoan … performed appraisal of the application and improperly assessed the risk factors in Kenmark Company’s loan application.
The project appraisal team proposed to lend capital to Kenmark Company while this company’s profile did not have complete documents according to the provisions of the Construction Law; investment projects with ineffective production, business and service plans that do not comply with the provisions of law; capacity finance does not ensure the ability to repay debt within the commitment period, violating the provisions of Article 7 of the Lending Regulations issued together with Decision 1627 dated December 31, 2001 of the State Bank on conditions loan.
Even though the loan documents are not guaranteed as above, the Appraisal Team still reports the appraisal results determining that Kenmark Company’s investment project meets the loan conditions according to stipulating an effective and feasible investment plan with complete legal documents leading to a loan decision of nearly 53 million USD and more than 57 billion VND contrary to regulations and not in accordance with the requirements for 2-step disbursement according to the direction of the bank. BIDV products.
Therefore when Kenmark Company stopped its representative activities law exiting Vietnam, banks collect debt and auction Kenmark Company’s collateral assets to deduct the loan amount borrowed by Kenmark Company. By the date of the prosecution of the case, the outstanding outstanding debt of Kenmark Company at BIDV SHB HHB bank was more than 360 billion VND.
To date, the remaining outstanding debt of Kenmark Company has not been collected. recovered at 3 BIDV branches was more than 181 billion VND.
Violations of each defendant
According to the indictment of the defendant < strong>Do Quoc Hung, former Director of BIDV Thanh Do Branch, when re-checking the appraisal results of the General Appraisal Team, the defendant discovered that Kenmark Company and its owner, Cheermaster Company (Samoa), had Unclear financial capacity and no experience implementing projects in Vietnam. In addition, the guarantor, Kenmark Industrial Company, is also not capable of ensuring the ability to repay principal, interest, and costs incurred related to Kenmark Company’s 68 million USD loan. Thus, the unfeasible project does not meet the loan conditions according to BIDV’s regulations, but the defendant still signed a request for BIDV headquarters to approve the loan and at the same time participated in approving the disbursement of 12 116 167.19 USD.
Defendant Luu Thi Bich Thuy, former Deputy Director of BIDV Thanh Do Branch, participated in appraising loan applications as Head of the Joint Appraisal Team and signed the appraisal report. loan proposal; Participate in drafting credit contracts, mortgage contracts, guarantee contracts, checking disbursement documents for each proposed disbursement of more than 25 million USD and more than 57 billion VND.
When appraising the documents Borrowing capital from Kenmark Company, in addition to violating regulations on loan proposal appraisal as mentioned above, the defendant and the Appraisal Team did not recommend that the guarantor must have collateral to guarantee the Company’s loan. Kenmark is guaranteed by assets formed from loan capital, which are the rights to use the real estate project land and property rights related to the project. Kenmark Industrial Company’s guarantee is an additional security measure in case of Handling insufficient collateral to recover debt will require the guarantor to repay the principal and interest on Kenmark Company’s loan.
Defendant Nguyen Van Ha Former Deputy Head of Credit Department of BIDV Thanh Do, when appraising loan applications, in addition to violating regulations on loan proposal appraisal as mentioned above, the defendant only relied on documents and documents provided by Kenmark Company to Evaluate customers’ financial capacity to qualify for loans and Kenmark Industrial Company’s capacity to guarantee Kenmark Company. The defendant did not check and clarify the difference in conflicting data on the financial situation of Kenmark Industrial Company provided by the customer and provided by the State Bank of Vietnam Credit Information Center (CIC); did not include information that the guarantor’s recommended maximum credit limit was only 350,000 USD, much lower than Kenmark Company’s loan, in the appraisal report. The defendant proposed to disburse 48 times from February 25, 2008 to May 18, 2010 with a total disbursed value of more than 50 million USD and more than 57 billion VND.
Defendant can Lai Minh Ngoc Head of Appraisal and Credit Management Department of BIDV Thanh Do Branch signed the appraisal results report on December 11, 2007 to evaluate project feasibility and propose loan to Kenmark Company. After the credit contract was signed, Ngoc also participated in signing disbursement documents for Kenmark Company 30 930 224.50 USD.
Defendant Pham Anh Tai former Head of Department Thanh Do BIDV Credit is a member of the Joint Appraisal Team participating in the appraisal of loan applications. The defendant discovered that the project was potentially risky but still signed the appraisal report to unanimously evaluate the proposal for the Company. Kenmark borrowed capital and participated – disbursed 18 698 129.33 USD.
“Do Quoc Hung’s actions Luu Thi Bich Thuy Nguyen Van Ha Lai Minh Ngoc Pham Anh Tai caused damage to BIDV Thanh Do in terms of The disbursement amount of more than 76 billion VND has not been recovered” the indictment stated.
According to the indictment, in addition to the 5 defendants mentioned above, defendants Le Vu Thanh former Director and >Do Xuan Khoan Former Deputy Credit Department of BIDV Southwest Quang Ninh participated in appraising documents and reporting appraisal results on December 11, 2007, evaluating project feasibility and proposing to Kenmark Company The loan caused a loss to BIDV Southwest Quang Ninh of more than 73 billion VND in disbursed money that has not been recovered.
Do Xuan Khoan voluntarily paid 300 million VND to overcome the consequences in a total of more than 74 billion VND is considered a mitigating circumstance for the defendant.
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