2024-03-18 08:28:24
In the case at Saigon Commercial Joint Stock Bank (SCB) and Van Thinh Phat Group (VTP), in addition to the group of defendants, there are officers of the Inspection Team and leaders of the Banking Inspection and Supervision Agency (TTGSNH) of the State Bank of Vietnam. State Bank (SBV), there are also 5 defendants from SBV Ho Chi Minh City Branch, and Ho Chi Minh City Bank of Vietnam (Department II).
Discovered that SCB had a negative value of VND 4,964 billion but reported it falsely
5 defendants belonging to the State Bank of Vietnam Ho Chi Minh City Branch, and the Ho Chi Minh City Banking Information Security Department (Department II), were tried for “Abusing positions and powers while performing official duties”, including: Nguyen Van Dung (former Director of the Department II – Deputy Director of the State Bank of Vietnam Ho Chi Minh City Branch in charge of inspection and supervision); Vo Van Thuan (former Deputy Director of Department II – Deputy Chief Inspector of the State Bank of Ho Chi Minh City Branch); Phan Tan Trung (former Deputy Chief Inspector of the State Bank of Ho Chi Minh City Branch); Nguyen Thi Phi Loan (former Deputy Director of Department II – Deputy Chief of TTGSNH Ho Chi Minh City Branch) and Nguyen Tin (former Head of the Supervision Team).
The indictment determined that the 5 defendants mentioned above allowed the group of defendants Truong My Lan and SCB to lend illegally. As a result, as of October 17, 2022, SCB completely lost liquidity of VND 677,286 billion.
Accordingly, the State Bank of Vietnam Ho Chi Minh City Branch established 4 supervision groups (TGS) and enhanced supervision at SCB. In the process of implementing supervision, TGS had more than 70 reports and proposals to leaders at all levels to check/inspect SCB, put SCB under comprehensive control, special control, but it was not accepted. Only implemented two unexpected inspections in 2020 and 2022, but the scope of inspection was narrowed, not in accordance with the proposal of TGS and the direction of NHΝΝ.
During the process of supervising and strengthening SCB supervision, Nguyen Van Dung, Nguyen Thi Phi Loan and Nguyen Tin dishonestly reported SCB’s financial status and operations to the State Bank and the Bank’s Supervision Agency. SCB’s main financial situation as of June 30, 2014 was negative more than 4,964 billion VND, but reported more than 4,964 billion VND; Bad debt ratio is over 3%, but reporting is under 3%…
In June 2017, after the inspection, TGS pointed out a series of violations and made recommendations to handle violations at SCB. However, Vo Van Thuan directed Tin to incompletely report the violations at SCB, only including the content “Accounting and handling of accrued interest” and not including violations of debt structure and violations of credit granting. , and did not make proper recommendations to the State Bank and the NHGS Agency.
The defendants at the trial of the case at SCB and Group V
By May 2019 (before quitting his job), Tin had just prepared a report dated May 17, 2019 from TGS on SCB inspection results and sent it to Nguyen Van Dung so that Dung could direct Tin to prepare a document to submit to Thuan for approval and deposit with SCB. stating the content of the violations, requesting to handle related personal responsibilities, including removing the content of the recommendation to suspend disbursement for the Red Light Cape Project made by Pham Cong Hoa (TGS member). The above violations were not reported to the State Bank of Vietnam (SBV) (because it was late and the violations were discovered 2 years earlier).
Edit the report in favor of SCB
In addition, the above defendants also edited the supervision report dated July 4, 2019 to the NHSS in favor of SCB and did not direct the establishment of a SCB inspection team as proposed by Thuan’s General Counsel.
Through supervision work, Tran Thi Hung (deputy leader of TGS for the period 2016-2019) has a report and submission from TGS, including suggestions and recommendations: “SCB has violated most of the instructions of the Governor of the State Bank of Vietnam in the process of implementing the restructuring plan for the period 2015-2019 approved by the Governor of the State Bank. TGS respectfully reports to the Board of Directors to consider placing SCB in a state of comprehensive supervision…”, but Thuan signed a report to the Chief Supervision Officer and the Governor of the State Bank with the content revised by Thuan to “consider submitting to the Governor of the State Bank to place SCB in comprehensive supervision if it is deemed that SCB violates the instructions of the Governor of the State Bank”.
Defendant Truong My Lan in court
In TGS’s reports in 2018 and 2019, there was a proposal for on-site inspection of SCB to detect violations, but Thuan had no direction and did not report this content to the State Bank.
In addition, the above defendants also edited the supervision report dated November 4, 2020 sent to the NHSS to favor SCB. Specifically, TGS for the period 2020-2022 discovered many violations of SCB, such as: in the process of disbursement of loans, the safety ratio was not guaranteed, cash flow in and out was mixed between branches and there was a problem. Corresponding transactions on the same day lead to signs of increasing total virtual assets, or lending to roll over debt, it is necessary to coordinate with the Ministry of Public Security or the Investigation Police Agency to determine the disbursement cash flow of customers…
However, Phan Tan Trung has criticized the reporting only within the SBV Ho Chi Minh City Branch. In addition to this act of criticism, Trung also did not propose to the NHGS to inspect the legal entity SCB as proposed by TGS.
On July 2, 2021, the NHGS Agency sent an official dispatch requesting the Ho Chi Minh City Branch to strengthen supervision of 12 documents arising at SCB Headquarters, with a total outstanding debt of 19,702 billion VND; Continue to closely monitor the use of capital for the right purposes and compliance with legal regulations in credit granting activities for 6 other loans…
Failure to inspect 439 loans showing signs of violating the law
On September 28, 2021, TGS reported identifying violations of 43 loans “showing signs of violating loan conditions and not ensuring credit granting conditions according to the direction of the Governor of the State Bank on the application of a number of loans”. Measures to restrict operations for SCB”.
TGS’s report also recommends: including in the inspection plan for 2021 or 2022 (when permitted) for records of Nguyen Minh Steel Company, Trung Nam Company, Thuan Viet Company, Dong Phuong Petroleum Company ; Recommend implementing on-site inspection of SCB Headquarters regarding: credit granting activities to receive capital contributions in LLCs (43 documents, including 12 credit granting documents mentioned above); Credit granting activities for: VTP Investment Group Joint Stock Company, Saigon Peninsula Company.
However, Phan Tan Trung edited and removed most of the content related to SCB’s assessment of violations and TGS’s suggestions and recommendations in the draft. At the same time, Trung directed Pham Cong Hoa to edit the document according to Trung’s wishes and submit it to Nguyen Van Dung to sign Official Dispatch 123/HCM-TTr1 dated October 26, 2021, reporting to the Governor of the State Bank and the SBV SBV, in this report. Failure to fully disclose violations at SCB and suggestions and recommendations from TGS.
In addition, Nguyen Van Dung, Nguyen Thi Phi Loan and Phan Tan Trung also did not carry out inspections as required in 17 documents of the State Bank of Vietnam for 439 loans with a value of 50 billion VND or more to identify violations that occurred. issued at SCB (including 103 loans at SCB Headquarters).
On the other hand, TGS in the period from January 2020 to November 2021 reported that customers/loans mentioned in 17 documents of the State Bank showed signs of violating legal regulations, so they requested inspection at the State Bank. location of these customers/loans or SCB legal entity inspection.
However, Dung concluded at the meeting on February 16, 2022: “Because the human resources of the TTGS are very limited, the workload is very large, the time required to process requests must be quick, the quantity There are many customer profiles. Therefore, through the above contents, conducting an inspection of all customers is not possible when the inspection needs to identify and focus customer units that meet the requirements of the inspection and State management”. Based on Nguyen Van Dung’s instructions, the inspection team made a plan and selected only 33/439 loans for inspection.
Receive money to ignore SCB’s mistakes
After being arrested, the defendants declared that they had received money and gifts from SCB during the surveillance process. Specifically, Nguyen Van Dung received 400 million VND and 15,000 USD; Vo Van Thuan received 1.8 billion VND; Phan Tan Trung received 1.1 billion VND (554 million VND was overcome); Nguyen Thi Phi Loan received 470 million VND and Nguyen Tin received 500 million VND.
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