SINGAPORE: On Dec 3, 2024, an attraction courtroom in Ho Chi Minh Metropolis upheld the primary occasion courtroom’s loss of life sentence for Truong My Lan, the bulk proprietor of Saigon Business Financial institution and former chairwoman of property developer Van Thinh Phat Group.
Among the many three primary prices towards her, it’s her embezzlement of Saigon Business Financial institution’s belongings that led to her loss of life penalty. In truth, Lan is the primary personal businessperson in Vietnam to be sentenced to loss of life on embezzlement prices.
For nearly a decade, Lan handled Saigon Business Financial institution as her personal “piggy financial institution”, typically illegally withdrawing cash from the financial institution to take a position in the actual property market. Court docket paperwork present that between October 2018 and October 2022, Lan masterminded the creation of two,527 pretend mortgage data to siphon 1.07 quadrillion dong (US$39 billion) off the financial institution.
By October 2022 when she was arrested, Lan and her accomplices nonetheless owed 677.28 trillion dong to the financial institution, all of which have been categorised as unhealthy money owed.
A courtroom verdict in April 2024 said that Lan’s actions precipitated a lack of over 677 trillion dong to Saigon Business Financial institution. The current attraction courtroom upheld the requirement for Lan to compensate Saigon Business Financial institution for 673.8 trillion dong.
It ought to be famous that to forestall the financial institution from collapsing and inflicting potential hurt to your entire banking system, the State Financial institution of Vietnam had reportedly injected US$24 billion into Saigon Business Financial institution by April 2024.
From a authorized standpoint, Lan’s loss of life sentence is justified by the magnitude of her embezzlement. As per the 2015 Felony Code, embezzling belongings valued at 1 billion dong may end up in a loss of life sentence.
Lan’s loss of life sentence additionally gives a robust motivation for Lan and her household to recuperate at the very least three-quarters of the embezzled belongings for the financial institution. By regulation, if this effort is profitable, Lan might be able to keep away from the loss of life penalty.
From a regulatory standpoint, Lan’s loss of life sentence additionally sends a robust message to non-public financial institution house owners concerning the dire penalties they could face in the event that they manipulate their banks for private acquire. That is notably essential because the State Financial institution of Vietnam’s efforts to scale back cross-ownership between native conglomerates and banks haven’t yielded the specified outcomes.
