According to the investigation conclusion of the Viet A case, Mr. Nguyen Truong Son (former Deputy Minister of Health) knew that the test kit was a product of a research project assigned by the Ministry of Science and Technology to the Military Medical Academy, and was a state-owned asset; the records and documents provided by Viet A Company were not complete according to regulations on medical equipment management.
However, under the advice of Mr. Nguyen Minh Tuan, Director of the Department of Medical Equipment and Construction, Vice Chairman of the Advisory Council for granting registration numbers for diagnostic biological products of the Ministry of Health, Mr. Nguyen Truong Son still signed the decision to grant a temporary circulation registration number to Viet A Company.
After that, although the test kit was still owned by the Ministry of Science and Technology, the Ministry had not yet decided to transfer ownership to Viet A Company, but Mr. Nguyen Truong Son still signed the decision to grant an official circulation registration number to Viet A.
In his statement to the investigation agency, Mr. Son admitted that Viet A Company did not meet the conditions to be granted a circulation registration number. However, he signed for temporary circulation in order to have a test kit in time to serve COVID-19 prevention.
Former Deputy Minister of Health Nguyen Truong Son.
The former Deputy Minister added the reason: " Limited legal awareness, not being able to monitor the appraisal process, so he has not accessed the documents of Viet A Company". Therefore, Mr. Son did not realize that this enterprise did not meet the conditions to register for circulation of test kits.
Regarding the decision to grant an official circulation number to Viet A, Mr. Son stated that the Advisory Council and the Department of Equipment and Construction had a report showing that the enterprise was qualified to grant a number. At that time, Mr. Son knew that Viet A still lacked some conditions, but due to the "complicated and urgent development of the epidemic situation" and the Government's urgent direction to have biological products to prevent and control the epidemic, he still signed the decision to grant an official circulation number.
The former Deputy Minister of Health affirmed that he did not benefit from Phan Quoc Viet or Viet A Company, and had no personal motive when signing decisions related to this enterprise.
The investigation agency assessed that Mr. Nguyen Truong Son's behavior showed signs of the crime of "Abusing position and power while performing official duties" as prescribed in Article 356 of the Penal Code. However, Mr. Nguyen Truong Son's signing of the decision to issue a circulation registration number was not a regular task (belonging to the functions and duties of Deputy Minister Truong Quoc Cuong, but Mr. Cuong proposed to assign someone else, so the Ministry of Health assigned Mr. Son to sign).
Mr. Son did not collude or agree to benefit Viet A Company, did not benefit, did not have any profit motive or other personal motive.
Mr. Nguyen Truong Son was disciplined with a Party warning according to the decision of the Central Inspection Committee, and disciplined with a government warning according to the decision of the Prime Minister.
Therefore, based on Point c, Clause 2, Article 29 of the Penal Code and Point b, Clause 3, Article 5 of Resolution 03/2020 of the Council of Judges, the investigation agency exempts Mr. Nguyen Truong Son from criminal liability.
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