Viet A big case: 38 "links" and special lenient sentence

After 5 days of trial and more than 2 days of deliberation, the Hanoi People's Court has issued a verdict for 38 defendants in the Viet A case.

In the verdict, the heaviest penalty was Phan Quoc Viet, Chairman of the Board of Directors and General Director of Viet A Company: 14 years in prison for Violating bidding regulations; 15 years in prison for Bribery: Total 29 years in prison. And the lightest was exemption from criminal liability for former Director of CDC Binh Duong Nguyen Thanh Danh.

However, the 38 penalties imposed at the first instance trial were all lower than the penalties imposed on the defendants prosecuted and tried.

There are severe punishments but also special leniency.

Announcing the verdict, the panel of judges said that the case occurred in the context of the country and the world facing an especially dangerous and unprecedented pandemic; the entire political system had to brace itself against each outbreak in many different ways and measures; the people were confused and scared.

Meanwhile, the system of facilities, equipment, medical biological products, and medicines in each locality is not available or is not sufficient to meet the demand.

According to the People's Court, even when the epidemic broke out, the medical infrastructure in many localities was overloaded and collapsed.

Đại án Việt Á: 38 mắt xích và bản án khoan hồng đặc biệt - 1 — The jury of the Viet A case (Photo: Justice).

"That is one of the reasons for the defendants' criminal behavior," said the presiding judge.

The verdict stated that most of the violations of bidding regulations caused serious consequences, occurring at a number of medical facilities.

"The defendants' actions are serious because they violate public order and security, economic management safety, the prestige and honor of agencies and organizations, causing serious damage to the state budget, to the mobilization of social resources, causing public outrage, social discontent, moral degradation, lifestyle, and behavior of a number of cadres and Party members; and discrediting the Party's trust," the panel announced the verdict.

From the above factors, the Panel of Judges determined that the prosecution, indictment, trial of the defendants and application of strict penalties to each defendant and each crime were necessary to punish individuals whose actions went against the interests of the state and the people, and to fight against crime in general.

However, the Hanoi People's Court also considered leniency, clemency, and special clemency for defendants who performed urgent epidemic prevention tasks without benefiting or benefiting insignificantly.

The behavior of each defendant is a "link"

In the first instance judgment, the panel of judges announced the aggravating circumstances of criminal liability for the defendants.

Accordingly, the Hanoi People's Court assessed that in this case, there was a group of defendants who committed crimes as accomplices in each different act. The act of each defendant is a "link" in the overall connection, which can directly or indirectly lead to damage.

Meanwhile, the remaining group of defendants violated the law with different consequences, behaviors, and roles.

Đại án Việt Á: 38 mắt xích và bản án khoan hồng đặc biệt - 2 — Defendant Phan Quoc Viet (Photo: Nam Phuong).

Specifically, the panel of judges determined that Phan Quoc Viet (Chairman and General Director of Viet A) was the person who organized, operated, and directed the entire operation of Viet A and related companies, and set out policies for employees to implement.

Viet A employees are salaried employees who committed violations under the direction of Phan Quoc Viet.

Meanwhile, the defendants, who are CDC officials in the provinces, were under great pressure from their superiors to prevent and control the epidemic. They committed the violations mainly on orders.

"Throughout the case, Viet had agreements, contacts, and collusion with a number of other defendants such as Ho Anh Son (former Lieutenant Colonel, former Deputy Director of the Military Medical Research Institute, Military Medical Academy), Military Medical Academy, Trinh Thanh Hung (former Deputy Director of the Ministry of Science and Technology), Nguyen Van Trinh (former officer of the Government Office), Nguyen Huynh (former Deputy Director of the Drug Price Management Department, Department of Drug Administration, Ministry of Health), Nguyen Thanh Long (former Minister of Health)... at different stages and segments of the crime," the panel of judges said.

Đại án Việt Á: 38 mắt xích và bản án khoan hồng đặc biệt - 3 — Mr. Chu Ngoc Anh (Photo: Nam Phuong).

The Court assessed that the connection between the above defendants was not completely close, and there was no specific division of labor or tasks.

"The defendants' actions at each stage and section were relatively independent. On the other hand, the defendants did not commit the same act and were prosecuted and convicted of the same crime, so there is not enough basis to apply the aggravating circumstance of "organized crime", the panel of judges said.

However, the first instance judgment also determined that defendant Phan Quoc Viet took advantage of the epidemic situation to commit the crime. Therefore, the punishment for Chairman of Viet A must apply the aggravating circumstance of "taking advantage of the epidemic situation to commit the crime".

Many other defendants, including Viet, Mr. Nguyen Thanh Long, defendant Nguyen Huynh, Mr. Trinh Thanh Hung, Mr. Pham Duy Tuyen (former Director of CDC Hai Duong)... committed crimes many times, so the aggravating circumstance of "committing the crime 2 times or more" was applied.

Recognizing Phan Quoc Viet's contributions to the fight against the epidemic

Regarding mitigating circumstances, the panel of judges assessed that during the investigation process and at the trial, the defendants all admitted their violations, were aware of their mistakes; confessed honestly, and had a repentant attitude, so they were entitled to the mitigating circumstance of "sincere confession".

The panel also highly appreciated the attitude and awareness of the defendants, especially the active cooperation of most of the defendants with the investigation agency, to clarify the case. This is also a mitigating circumstance that the panel acknowledged for the defendants.

Regarding the responsibility to remedy and return the illegally obtained money, so far, the presiding judge said that most of the defendants have voluntarily paid money or influenced their families to pay money and assets to remedy the consequences of the case.

Đại án Việt Á: 38 mắt xích và bản án khoan hồng đặc biệt - 4 — Mr. Nguyen Thanh Long (Photo: Nam Phuong).

In particular, there are some defendants who, although not benefiting, still proactively pay money to remedy the consequences.

Specifically, the panel of judges acknowledged that Phan Quoc Viet and the defendants, who are employees of Viet A..., had made positive contributions in terms of labor, machinery, and equipment for testing, helping to repel the epidemic in a number of provinces/cities.

The defendants Nguyen Thanh Long, Chu Ngoc Anh, Pham Xuan Thang... were recognized by the panel of judges as having made "great contributions" to the work of preventing and fighting the epidemic nationwide and locally.

"All defendants at CDCs in provinces and cities are especially active people, fighting against the Covid-19 epidemic," the verdict stated.

Regarding personal background, the panel of judges assessed that all defendants had good personal backgrounds, no criminal records; many defendants had achievements in work, study, and production; in particular, some defendants had outstanding achievements, recognized by all levels and sectors; some defendants had relatives who had contributed to the revolution; had contributed to charity programs...

Đại án Việt Á: 38 mắt xích và bản án khoan hồng đặc biệt - 5 — Defendant Nguyen Thanh Danh (Photo: Nam Phuong).

"During the process of resolving the case, the Hanoi People's Court also received many documents from the Government Office Trade Union, the Ministry of Science and Technology, the Ministry of Health, the People's Committees of provinces/cities (Hanoi, Phu Tho, Binh Duong, Bac Giang), the Department of Health and CDC of provinces/cities, relevant agencies, organizations, sectors, and individuals... earnestly requesting the Panel of Judges to consider the context of the epidemic, assess the crime as not guilty, exempt criminal liability, exempt punishment, or reduce the punishment for the defendants who were former leaders and employees of agencies and units," the Panel of Judges announced.

Basis for imposing penalties

Before making the verdict, the Hanoi People's Court announced the grounds, reasons, and circumstances applied when sentencing the 38 defendants.

Specifically, the court applied a sentence below the lowest level of the penalty framework to defendants with many mitigating circumstances, who had returned most of the benefits; defendants who were subordinates, salaried employees, followed instructions, were submissive, and dependent; committed crimes as accomplices, accomplices, or secondary; especially those who did not benefit or benefited insignificantly, voluntarily reported and surrendered; or those who did not benefit but voluntarily paid money to compensate for the damage.

Đại án Việt Á: 38 mắt xích và bản án khoan hồng đặc biệt - 6 — Overview of the trial (Photo: Nam Phuong).

The panel also considered sentencing some defendants to prison terms equal to the time they had spent in detention, were currently in detention, or to suspended sentences.

The Court also considered and decided on a special lenient policy, especially exempting defendant Nguyen Thanh Danh (former Director of CDC Binh Duong).

According to the People's Court, although the defendant could have retired early, when requested, the defendant should still stay with the Binh Duong CDC in the fight against the Covid-19 epidemic.

As the leader of Binh Duong CDC, the defendant was fully aware that his actions were violations and could be prosecuted, but he "dared to think and act" for the health and lives of his fellow countrymen.

"The defendant did not seek personal gain. The defendant repeatedly refused to accept money and thank-you gifts from Viet A Company and also warned subordinates when they contacted or accepted thank-you gifts," the panel of judges said.

Punishment for 38 defendants in the Viet A case

Crime of Violating bidding regulations causing serious consequences and Bribery

Phan Quoc Viet, Chairman of the Board of Directors and General Director of Viet A Company: 14 years in prison for Violating bidding regulations; 15 years in prison for Bribery: Total 29 years in prison

Vu Dinh Hiep, Deputy General Director of Viet A: 7 years in prison for Violating bidding regulations; 8 years in prison for Bribery: Total 15 years in prison

Crime of Bribery

Nguyen Thanh Long, former Minister of Health: 18 years in prison

Pham Duy Tuyen, former Director of CDC Hai Duong: 13 years in prison

Trinh Thanh Hung, former Deputy Director of the Ministry of Science and Technology: 14 years in prison

Nguyen Minh Tuan, former Department Head of the Ministry of Health: 8 years in prison

Nguyen Huynh, former Deputy Head of Drug Price Management Department, Department of Drug Administration, Ministry of Health: 9 years in prison

Nguyen Nam Lien, former Director of Financial Planning Department, Ministry of Health: 7 years in prison

Crime of Bribery

Phan Ton Noel Thao, Viet A financial assistant: 4 years in prison

Ho Thi Thanh Thao, treasurer of Viet A: 4 years in prison

Crime of violating regulations on management and use of state assets causing waste and loss

Chu Ngoc Anh, former Minister of Science and Technology: 3 years in prison

Pham Cong Tac, former Deputy Minister of Science and Technology: 3 years in prison

Crime of violating bidding regulations causing serious consequences

Tran Thi Hong, employee of Viet A Company: 30 months in prison

Tran Tien Luc, employee of Viet A Company: 36 months in prison

Le Trung Nguyen, employee of Viet A Company: 30 months in prison

Nguy Thi Hau, former Deputy Head of Finance and Accounting Department, CDC of Bac Giang province: 30 months in prison

Phan Huy Van, Director of Phan Anh Pharmaceutical Company: 36 months in prison

Phan Thi Khanh Van, self-employed: 36 months in prison

Lam Van Tuan, former Director of CDC of Bac Giang province: 5 years in prison

Nguyen Manh Cuong, former chief accountant of Hai Duong province CDC: 30 months in prison

Nguyen Thi Trang, former Director of the Financial Consulting and Services Center, Hai Duong Province Department of Finance: 30 months suspended sentence

Tieu Quoc Cuong, former chief accountant, former Deputy Head of Financial Planning Department, Binh Duong Provincial Department of Health: 36 months in prison

Nguyen Thanh Danh, former Director of CDC Binh Duong province: Exempted from criminal liability

Tran Thanh Phong, former Deputy Head of Finance and Accounting Department, CDC Binh Duong province: 24 months suspended sentence

Le Thi Hong Xuyen, former CDC employee of Binh Duong province: 24 months in prison

Nguyen Truong Giang, Director of VNDAT Company: 30 months in prison

Nguyen Thi Thuy, Project Director, VNDAT Company: 26 months in prison

Nguyen Van Dinh, former Director of Nghe An Province CDC: 2 years and 12 days (equal to the detention period)

Nguyen Thi Hong Tham, former chief accountant, CDC of Nghe An province: 2 years and 12 days (equal to the period of temporary detention)

Ho Cong Hieu, employee of Southern Valuation Company, Nghe An branch: 24 months suspended sentence

Vu Van Doanh, Director of Thang Long Valuation Company: 24 months suspended sentence

Ta Ngoc Chuc, General Director of Global Investment and Valuation Company: 20 months in prison

Ninh Van Sinh, former Deputy Director of Trung Tin Valuation Company: 18 months in prison

Crime of Abusing position and power while performing official duties