Proposal to increase penalties for defendants in the bribery case at Phu Bai airport

On May 30, the High People's Court in Da Nang held an appeal trial for 9 defendants in the case of "Giving bribes" and "Receiving bribes" at Phu Bai International Airport (Phu Bai International Airport).

The defendants include: Do Chi Thanh (born in 1962, former Director of Phu Bai International Airport); Tran Xuan Long (born in 1978, former Chief of Office and Accountant of Phu Bai International Airport); Le Van Loc, born in 1967, former Deputy Director of Phu Bai International Airport); Phung Tuan Duong, (born in 1978, former Deputy Director of Phu Bai International Airport); Le Quoc Cuong (born in 1979, former Head of Security Department of Phu Bai International Airport);

Nguyen Van Hien (born in 1965, former Director of Phu Hoang Thinh Joint Stock Company (Taxi Vang); Nguyen Tien Duong, (born in 1988, former Director of Thanh Cong Hue Taxi Joint Stock Company); Tran Dinh Hai, born in 1969, former Director of Phu Hoang Thinh Joint Stock Company) and Ly Dieu Thanh (born in 1983, former Chief Accountant of Phu Hoang Thinh Joint Stock Company).

Proposal to increase penalties for defendants in the bribery case at Phu Bai airport - 1 — The defendants at the first instance trial. (Photo: Ngoc Minh).

At the appeal hearing, the panel of judges declared that they would not accept the defendants' appeals for a reduction in sentence; they accepted the appeal of the Thua Thien - Hue Provincial People's Procuracy. The panel of judges sentenced defendant Le Quoc Cuong to 7 years in prison (the sentence at the first instance trial was 2 years and 6 months in prison). The other defendants did not appeal, and the panel of judges did not consider it.

In addition, the panel of judges found that this was a case in which many people committed the crime, the nature and level of the defendants’ crimes were very dangerous to society; affecting the people’s and businesses’ trust in the proper operation of state agencies. The defendants’ crimes were all serious, very serious and especially serious, but the court of first instance imposed a sentence below the lowest level of the penalty range and gave some defendants suspended sentences, which was not in accordance with the law.

The Appellate Court recommended that the Chief Justice of the Supreme People's Court consider and appeal for a final judgment in the direction of not applying Clause 1, Article 54 of the Penal Code, increasing the penalty for the defendants Do Chi Thanh and Tran Xuan Long.

The panel of judges recommended that the Chief Justice of the Supreme People's Court consider and appeal for a final judgment in the direction of not applying Clause 1, Article 54 and Article 65 of the Penal Code, and not allowing defendants Phung Tuan Duong, Ly Dieu Thanh, and Tran Dinh Hai to receive a suspended sentence.

Previously, at the first instance trial, the People's Court of Thua Thien - Hue province sentenced the defendants Do Chi Thanh to 15 years and 6 months in prison; Tran Xuan Long to 15 years and 6 months in prison; Le Van Loc to 9 years in prison; Phung Tuan Duong to 3 years in prison, suspended; Le Quoc Cuong to 2 years and 6 months in prison for the crime of "Receiving bribes". Nguyen Van Hien to 7 years in prison; Nguyen Tien Duong to 7 years in prison; Ly Dieu Thanh to 3 years in prison, suspended; Tran Dinh Hai to 2 years and 6 months in prison, suspended for the crime of "Giving bribes".

After the first-instance trial, the People's Procuracy of Thua Thien - Hue Province appealed to determine the amount of damage caused by the bribery of the three defendants Do Chi Thanh, Tran Xuan Long, and Le Van Loc as more than 12 billion VND and requested that the defendants jointly compensate for the damage. The Procuracy proposed to increase the penalty for defendant Le Quoc Cuong. All defendants filed appeals to reduce their sentences.

According to the indictment, Vietnam Airports Corporation - JSC, assigned Phu Bai International Airport, then directed by Do Chi Thanh, to select a unit to be granted the franchise to operate passenger transport services by taxi through an auction.
Taking advantage of the taxi companies' desire to reduce contract prices, Do Chi Thanh and Tran Xuan Long discussed and agreed to reduce the franchise contract prices for the two taxi companies Vang and Thanh Cong. Accordingly, they agreed to reduce the price for Vang taxi from 342.5 million VND/month to 285.5 million VND/month; and reduce the price for Thanh Cong taxi to 200 million VND/month. However, the price stated in the official contract is 120 million VND/month/taxi company.
The remaining difference, the 2 taxi companies had to give separately to Tran Xuan Long. The directors of the two taxi companies both agreed even though they knew it was a violation of the law. During the period from October 2017 to December 31, 2020, Do Chi Thanh and Tran Xuan Long received bribes from these 2 taxi companies with a total amount of more than 6.2 billion VND. In addition, Do Chi Thanh also agreed to let each taxi company add 12 parking and waiting positions and 1 passenger pick-up position to receive an amount of 12 million VND/month/taxi company.

NGUYEN VUONG

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