Factories of Maitek Ltd at Hamlet 4, Hoa Phu Commune, Cu Chi Disttrict, HCMC

Rude appropriation?

The Business Contract No. 03/HDKT on 15 July 2008 between Maitek Limited (PartyB) and Tay An Co. Ltd (PartyA) located at 169 Tran Hung Dao St., Long Xuyen City, An Giang Province cleary states that Tay An Co.Ltd is responsible for asset protection and security maintenance for Maitek’s factories.  Contract validity: 6 months (since 07:00 AM on 16 July 2008 to 07:00 AM on 16 Jan 2009).

Picture note: Security protection contract between Maitek Co.Ltd & Tay An Co.Ltd .

However, the force-majeure has prevented Tay An Co.Ltd from their fulfillment of the protection contract for Maitek Ltd.

Mr. Giang Minh Tuong – Deputy General Director of Tay An Co.Ltd on 11 Nov 2008  submitted the claim to Mr. Phan Anh Minh – Vice Director of  HCMC Police Station to seek for assistance towards the illegal act of Son Lam Co.Ltd .  The claim quoted:

Tay An Co.Ltd signed the protection contract on 16 July 2008 with Maitek Ltd whose representative is Mr. Tiong Ping Kim – Director. Maitek Co.Ltd  is responsible for the asset protection as well as order and security maintenance for Maitek’s factories at Hamlet 4, Hoa Phu Commune, Cu Chi District, HCMC. 

During the execution of the mentioned contract, Mr. Nguyen Thanh Son – Director of Son Lam Ltd – a security service company repeatedly came to provoke and managed to take down the factories of Maitek Co.Ltd – our customer. The problem has became very seriously since 7h30 AM on 10 November 2008, Mr. Son ordered 10 guardians of Son Lam Co.Ltd to dismantle the gate then have illegally approriated the factories so far.

In order to obey the law, we ordered our staff not to fight with Son Lam’s guardians while we called for support from the Police of Hoa Phu Commune, Cu Chi Disttrict.

Although the police station is only 800m away from the scene, we hadn’t seen any help from the relevant authorities but the obervance with no intervention of the only 1 policeman till 14h PM on the same day.

Tay An Co.Ltd and Mr. Piong Ping Kim – the owner of the factory called the Police of Hoa Phu Commune again for help on 20:00 PM but failed.

Thus, the act of Mr. Nguyen Thanh Son seriously violated the law and must be taken criminal proceedings.

We cannot understand the ignorance of the Police of Hoa Phu Commune upon receipt of the claim. We wonder if they are under qualified or there is some negative involvement between the Police and Mr. Son.

For the above mentioned reasons, we are writing to request for timely action from valued authorities to stop the illegal act of Mr. Nguyen Thanh Son and Son Lam Co.Ltd for security maintenance as well as justice guarantee.

When the problem is solved?

The meeting minutes of the Inspection Committee of Cu Chi District confirm  the rude appropriation.

Meanwhile Mr. Kim – Director of Maitek Co.Ltd was unable to get in his office. Mr. Kim, therefore, submitted the claim to the Inspection Department of HCMC Police Service  to accuse Mr. Nguyen Thanh Son – a resident of Hamlet 4, Hoa Phu Commune, Cu Chi District of his illegal appropriation on Maitek documents & factories, namely the rent of some part of Maitek’s factory to Tan Phuoc Khanh glass fibre at VND 40 million/month since  November 2006.

The Inspection Department of HCM Police Service passed the claim to the Police of Cu Chi District for review and resolution.

Mr. Kim also submitted another claim named as “Denouncement on the shield behaviour of the leaders of Cu Chi Disttrict, the Chairman of the People Committee and the Police of Hoa Phu commune for Mr. Nguyen Thanh Son – Director of Son Lam Co.Ltd and Son Lam Co.Ltd on the contract of land transfer”.

The accusation content was sent to the Inspection Committee of HCMC Communist Party (advice note no. 548/GN/UBKT.TU on 29 July 2009 for Mr. Kim) and HCMC Inspection Service (forwarded note 976/PC-TTTP on 17 August 2009 for the Chairman of People Committee of Cu Chi District).

Mr. Le Van Chia – Chairman of the Inspection Committee of Cu Chi District worked with Mr. Kim on 28 September 2009 on the above mentioned claim.  The meeting minute quoted: “The fact that Son Lam Co.Ltd, doesn’t allow Mr. Kim – Maitek Co.Ltd get in his office violates the law. Would suggest appropriate authorities assist to solve the security order and property interests of Mr. Kim”.

Based on the provided documents of Maitek Co.Ltd, Maitek Co.Ltd is legally the only party who is  fully authorized to use the land and is setting up the ownership of the factories at Hamlet 4, Hoa Phu Commune, Cu Chi District.

Those factories are still belongs to Maitek Co.Ltd if there is no verdict from authorized party on the disputes (if any) of Mr. Nguyen Thanh Son towards Mr. Kim himself or Maitek Co.Ltd on the above mentioned factories,

In conclusion, the fact that Tay An Co.Ltd cries for help is reasonable. Relevant authorities should make a review and work out a final solution to the claims of Tay An Co.Ltd & Maitek Co.Ltd.