The Management Committee of a scenic spot in Wuhan misappropriated 5 million credit fund enterprises to ask for no result

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 The Management Committee of a scenic spot in Wuhan misappropriated 5 million credit fund enterprises to ask for no result


More than four years ago, Tianzishan Company was preparing to invest in the construction of cultural real estate projects in the jurisdiction of Liangzihu Management Committee. After signing the agreement of intent, Tianzishan Company paid 5 million yuan in credit. Unexpectedly, the project was aborted due to the transfer of leadership and the planning of the red line.

The project plan of that year.

According to the agreement, if the agreement can not be implemented, the Liangzihu Management Committee will refund 5 million yuan of credit within seven working days. Since August last year, Tianzishan Company has asked for a refund, but half a year later, the Liangzihu Management Committee has not refunded a penny.

The 5 million yuan credit fund was used for construction in the post of the former leader. Now we have to refund money, allocate money in the district, and go through a lot of formalities. Xu Fei told Shanyounews, a journalist from upstream.

Yin Qingli, a lawyer, believed that the credit fund was the special fund for the project and that the Liangzihu Management Committee misappropriated it for other purposes and was suspected of violating the regulations.

10 billion yuan project

Liangzi Lake is the largest freshwater lake in Hubei Province and the central lake of Wuhan City Circle. It is the home of Wuchang Fish, which is well-known both at home and abroad. Tianzi Mountain is adjacent to Liangzi Lake and has a beautiful scenery.

Geomantic treasures attract the pursuit of capital. On November 3, 2014, the investor of Tianzishan Company and Liangzihu Management Committee signed the Agreement of Intention for Investment Promotion Project of Jiangxia Liangzihu Scenic Area in Wuhan. According to the agreement obtained by the upstream news, Liangzihu Management Committee is responsible for reporting to the Jiangxia District Government, coordinating, approving and providing 1-20,000 mu of land. Tianzishan Company invested 10 billion yuan to build a small town of intellectual capital in China.

The agreement also stipulates that Tianzishan Company shall pay a credit of 5 million yuan to Liangzihu Management Committee, and the other party shall approve and agree to implement the preparatory working documents for the project in time. If the project can not be approved eventually, the Liangzihu Management Committee should refund 5 million credits within seven working days.

Liangzihu Management Committee approved the enterprise, and said that the design concept of Intellectual Capital Town Project conforms to the development plan of Liangzihu Scenic Area.

In response to the intent agreement, Xu Shengsu, then director of Liangzihu Management Committee, signed and approved a reply on November 17, 2014. The batch replies that the design concept of Chinas Intellectual Capital Town Project conforms to the relevant development plan of Liangzihu Scenic Area and agrees in principle that the project should be located in the original eco-tourism area of Tianzishan Mountain. It agrees that the proposed land area of the project should be 15,000-20,000 mu, and that the specific land area should be delineated according to the official survey data. For policy support and project supporting services, investors are requested to do a good job of project feasibility study, project preliminary planning and design according to the design concept as soon as possible, and report to relevant departments for approval according to Jiangxia Districts approval procedures for investment invitation projects. Liangzihu Management Committee will actively cooperate to provide support; both sides will jointly set up a special project work class.

Ms. Xiao, head of Tianzishan Company, said that according to the plan, China Intellectual Capital Town is a cultural real estate project. After the office and accommodation buildings have been built, qualified enterprises will be introduced into the town.

Ms. Xiao said, This is a big project of 10 billion yuan, which is the result of Director Xus investment promotion.

Liangzihu Scenic Spot is located in the central lake of Wuhan City Circle.

Project stepping on to the red line of planning

Tianzishan Company is energetic in large projects and large investments.

Ms. Xiao introduced that Xu Shengsu, then director of Liangzihu Management Committee, soon after his approval, the company invested hundreds of thousands of yuan to invite Dai De Liang Xing, an internationally renowned consulting company, to make a complete set of planning and feasibility report for the project.

But this big project is only on the report. Documents obtained from upstream news show that after submitting the feasibility report, the investors of Tianzishan Company wrote many letters to invite Liangzihu Management Committee to actively study the feasibility of implementing the agreement between the two sides and the project, and to give clear suggestions and opinions on the implementation of the project. At the same time, the regional government, China Merchants Bureau and the Development and Reform Commission gave guidance on the project promotion, but they have not been effectively answered.

It was not until January 25, 2018 that the Liangzihu Management Committee officially responded: the main leaders were transferred and could not give a clear answer. They should report to the district government leaders according to the procedures and actively promote the project. Please continue to wait for a reply.

Upstream journalists learned that during this period, Liangzihu Management Committee changed three directors.

After twists and turns is abortion. In August 2018, the Liangzi Lake Management Committee informed Tianzishan Company that the plot of intention had been incorporated into the red line of Liangzi Lake planning.

On January 21, Xu Fei, a staff member of Liangzihu Management Committee, introduced to the upstream news that the project of Chinas intellectual capital town could not be approved due to the red line reasons.

The enterprise requests the Liangzihu Administrative Committee to return the reminder letter of the credit fund, and at the same time copies it to its superior peoples government of Jiangxia District.

A tortuous refund

When the project aborted, the investor of Tianzishan Company asked Liangzihu Management Committee to return 5 million credit funds within 7 working days in accordance with the agreement.

In October 2018, Liangzihu Management Committee wrote back after many requests for refund letters, saying that due to the change of leadership and audit reasons, the credit fund could not be refunded temporarily, and the district government should be asked again for fund review. After all the procedures are completed, the funds will be returned in batches or one-time.

Ms. Xiao couldnt figure it out. Five million yuan of credit was put on the account of Liangzihu Management Committee Finance Office. This money is just like the deposit money. Why go through such a complicated procedure?

On January 21, Xu Fei, a staff member of Liangzihu Management Committee, introduced to the upstream journalists that the 5 million yuan credit fund had been used by Xu Shengsu during his tenure of office. It was used for construction, and the refund needed funds from the district, so the procedure was troublesome.

On January 21, the person in charge of Tianzishan Company came to Liangzihu Management Committee again to ask for a refund, and was told that he had to study and wait.

When inviting investment, the company is a fragrant baboon; if it fails to invite investment, it wants to repay the credit, which becomes the case. I really deserve that joke,Its the uncle who owes money. Ms. Xiao said.

Beautiful scenery of Liangzi Lake (information picture)

Misappropriation of credit funds for other purposes is suspected of irregularities

Yin Qingli, a lawyer at Beijing Ross Lawyers Office, believes that the credit fund is a special fund for the project and that the Liangzihu Management Committee is suspected of violating the regulations by misappropriating it for other purposes. In addition, the intentional cooperation agreement is essentially a local government investment agreement, one party of the cooperation agreement is the grass-roots government, and its related matters are also part of the administrative management, so the agreement is a typical administrative agreement. For administrative agreements, in addition to applicable administrative regulations, the corresponding contract law and other civil laws and regulations are also applicable. Since the agreement stipulates no investment, no credit refund, the Liangzihu Management Committee should fulfill the obligation of refund according to the agreement. So far, Liangzihu Management Committee can not refund, obviously breach of contract, one party of the company can initiate administrative litigation. In addition, the agreement does not agree on the terms of liability for breach of contract on credit refund, which is the key to causing disputes between the two sides. If the two sides agreed that the default penalty should be borne if the credit penalty cannot be returned one day after the expiry date, I believe that the Liangzihu Management Committee will not delay the refund until now under the deterrence of the huge default penalty. One party to the contract should draw lessons from it. Source: Upstream News Editor of Chongqing Morning Post: Xun Jianguo_NN7379

Yin Qingli, a lawyer at Beijing Ross Lawyers Office, believes that the credit fund is a special fund for the project and that the Liangzihu Management Committee is suspected of violating the regulations by misappropriating it for other purposes. In addition, the intentional cooperation agreement is essentially a local government investment agreement, one party of the cooperation agreement is the grass-roots government, and its related matters are also part of the administrative management, so the agreement is a typical administrative agreement. For administrative agreements, in addition to applicable administrative regulations, the corresponding contract law and other civil laws and regulations are also applicable. Since the agreement stipulates no investment, no credit refund, the Liangzihu Management Committee should fulfill the obligation of refund according to the agreement. So far, Liangzihu Management Committee can not refund, obviously breach of contract, one party of the company can initiate administrative litigation.

In addition, the agreement does not agree on the terms of liability for breach of contract on credit refund, which is the key to causing disputes between the two sides. If the two sides agreed that the default penalty should be borne if the credit penalty cannot be returned one day after the expiry date, I believe that the Liangzihu Management Committee will not delay the refund until now under the deterrence of the huge default penalty. One party to the contract should draw lessons from it.