The Department of Investigation Police on Corruption, Economic Crimes and Smuggling (C03, Ministry of Public Security ) has just completed the investigation conclusion and at the same time proposed the Supreme People's Procuracy to prosecute 38 defendants related to the case of "inflating the price" of test kits of Viet A Technology Joint Stock Company (Viet A Company).
Accordingly, C03 proposed to prosecute former Minister of Health Nguyen Thanh Long for "Accepting bribes". Former Minister of Science and Technology Chu Ngoc Anh and former Deputy Minister of Science and Technology Pham Cong Tac were also proposed to be prosecuted for "Violating regulations on management and use of state assets causing loss and waste".
Former Minister of Health Nguyen Thanh Long
Phan Quoc Viet, former Chairman of the Board of Directors and General Director of Viet A Company, was proposed to be prosecuted for "Violating bidding regulations causing serious consequences" and "Giving bribes"; Nguyen Van Trinh, former official of the Government Office, was proposed to be prosecuted for "Abusing position and power while performing official duties".
According to the investigation conclusion, in early 2020, when the COVID-19 epidemic broke out, the Government had a policy of assigning the Ministry of Science and Technology and scientific units to proactively research and manufacture biological products to serve epidemic prevention. The Military Medical Academy was assigned to research and manufacture 2 biological products (test kits) real-time RT-PCR and RT PCR to detect SARS-CoV-2 virus (state budget allocated 18.98 billion VND).
Former Deputy Minister of Science and Technology Pham Cong Tac (left) and former Minister of Science and Technology Chu Ngoc Anh
However, Phan Quoc Viet colluded with Trinh Thanh Hung, then Deputy Director of the Department of Science and Technology for Economic and Technical Sectors (Ministry of Science and Technology), to have Viet A Company approved by the Ministry of Science and Technology to participate in the research project on test kits with the Military Medical Academy; and at the same time, to use and exploit the research results of the project. Viet also discussed and agreed with Trinh Thanh Hung and Ho Anh Son, then Deputy Director of the Military Medical Research Institute (Military Medical Academy) to have Viet A Company prepare a dossier to send to the Ministry of Health to request a registration number for the circulation of test kits.
Next, Viet asked Nguyen Van Trinh, Nguyen Thanh Long and other defendants to intervene, influence and direct Nguyen Minh Tuan, former Director of the Department of Medical Equipment and Construction (Ministry of Health), to advise and propose Deputy Minister of Health Nguyen Truong Son to sign a decision to grant a temporary circulation registration book and officially register the circulation of COVID-19 test kits for Viet A Company. From there, the state-owned research product managed by the Ministry of Science and Technology was turned into the property of Viet A Company in violation of the law.
Phan Quoc Viet (left) and defendants in the case
After the plan to appropriate the research topic and the Ministry of Health granted a temporary registration number to Viet A, on March 5, 2020, former Minister Chu Ngoc Anh and former Deputy Minister Pham Cong Tac directed the Ministry of Science and Technology to hold a press conference to announce the research results. The Ministry also issued a press release stating that Viet A's test kit had been licensed and that the company was capable of producing test kits.
According to the investigation conclusion of C03, when Viet A Company commercially produced and sold 200,000 test kits to the Ministry of Health, Phan Quoc Viet inflated the basic price but the ministry still negotiated and determined the price at 470,000 VND/test kit. Phan Quoc Viet also said that he had reduced the price to "support the Government and the Ministry of Health" in fighting the epidemic.
The investigation results determined that with the purpose of enjoying high profits of over 20%/test kit (not 5% as agreed with the Ministry of Health during the negotiation) and bribing officials, having money to pay commissions to facilities purchasing test kits, Viet A Company inflated the value of input materials many times. In fact, the maximum production cost of test kits is only about 143,461 VND/test kit (including 5% profit and all costs), but Viet "inflated" it more than 3 times.
Test kit of Viet A Technology Joint Stock Company
When checking the negotiated price, the Ministry of Health determined that Viet A had changed the production materials compared to the registration documents but did not request an inspection. This allowed Viet A to use the price of 470,000 VND to create a common selling price for localities, making illegal profits.
After consultation, at the request of the Ministry of Health, Viet A Company handed over test kits to units and localities across the country for use in epidemic prevention.
With the aim of allowing Viet A to be paid for the purchase of test kits according to the negotiation results, as a basis for announcing the price on the Ministry of Health's electronic information portal, Viet also asked Nguyen Van Trinh to intervene and influence the Ministry of Health to pay. After consulting with his subordinates, Minister Nguyen Thanh Long agreed to use money from the funding source of 7 banks to pay Viet A.
The investigation results determined that in 2020 and 2021, Viet A Company's total revenue was more than 4,200 billion VND. Of which, Viet A Company produced a total of 8.7 million test kits and consumed (sold, donated, donated, advanced) 8.3 million test kits with a total value of more than 3,900 billion VND.
The investigation agency determined that Viet A had consumed nearly 680,000 test kits at the Centers for Disease Control (CDC) in Hai Duong, Bac Giang, Nghe An, and Binh Duong, causing damage to state assets of more than VND222 billion. In addition, it had consumed nearly 600,000 test kits at other public health units and facilities nationwide, causing damage to state assets of more than VND180 billion.
In addition, Viet A Company illegally profited more than 1,200 billion VND, which is the difference in selling price. Up to now, the amount that needs to be recovered for the state is more than 833 billion VND.
Phan Quoc Viet was identified as the mastermind and leader of this case throughout the process of participating in research, distributing products that were not owned by him, and inflating prices. From the profits gained from inflating the prices of test kits, the General Director of Viet A used a huge amount of money to bribe and "pay off" a series of leaders and officials of a number of ministries and branches.
Former Secretary of Hai Duong Province Pham Xuan Thang
The investigation agency alleged that in order to participate in research, test kit business, product registration, and price negotiation, defendant Viet gave bribes of 3.45 million USD and 4 billion VND to a number of defendants.
Specifically, he bribed defendant Nguyen Thanh Long 2.25 million USD; Nguyen Huynh (former secretary of defendant Long) 4 billion VND; Nguyen Minh Tuan (former Director of the Department of Medical Equipment and Construction - Ministry of Health) 300,000 USD; Trinh Thanh Hung (former Deputy Director of the Department of Science and Technology) 350,000 USD; Nguyen Nam Lien (former Director of the Department of Planning and Finance - Ministry of Health) 100,000 USD; Pham Duy Tuyen (former director of CDC Hai Duong) 27 billion VND. In addition, Viet also paid "thank you" money to Chu Ngoc Anh 200,000 USD, Pham Cong Tac 50,000 USD and Pham Xuan Thang (former Secretary of Hai Duong province) 200,000 USD.
Former Director of the Department of Medical Equipment and Construction - Ministry of Health Nguyen Minh Tuan (left) and former Director of CDC Hai Duong Pham Duy Tuyen
During the prosecution, the Investigation Agency assessed that the defendant Nguyen Thanh Long confessed honestly, repented, and actively cooperated with the investigation agency to clarify the nature of the case. In addition, Mr. Long has paid to recover the amount of money received from Phan Quoc Viet.
In addition to the defendants who were prosecuted, many others were also identified as being involved in the violations in the case, such as two former Deputy Ministers of Health Nguyen Truong Son and Truong Quoc Cuong. However, these two men were not prosecuted because they did not benefit, had no personal motives, or were not interested in the case.
Proposal to prosecute 38 defendants
Based on documents and investigation results of the case, the Ministry of Public Security's Investigation Police Agency proposed the Supreme People's Procuracy to prosecute 38 defendants. Of which:
- 2 defendants committed the crimes of "Violating bidding regulations causing serious consequences" and "Giving bribes": Phan Quoc Viet (giving bribes (rounded) 106.6 billion VND, causing damage to state assets of 432 billion VND); Vu Dinh Hiep, Deputy General Director of Viet A Company (giving bribes of 32.1 billion VND, causing damage to state assets of 325 billion VND)
- 6 defendants committed the crime of "Accepting bribes": Nguyen Thanh Long, Minister of Health (received a bribe of 2.25 million USD); Pham Duy Tuyen, former Director of CDC Hai Duong (received a bribe of 27 billion VND); Trinh Thanh Hung, former Deputy Director of the Department of Science and Technology for Economic and Technical Sectors, Ministry of Science and Technology (received a bribe of 350,000 USD); Nguyen Minh Tuan, former Director of the Department of Medical Equipment and Construction, Ministry of Health (received a bribe of 300,000 USD); Nguyen Huynh - former Deputy Head of the Department of Drug Price Management under the Drug Administration, former Secretary of the Minister of Health (received a bribe of 4 billion VND); Nguyen Nam Lien, former Director of the Department of Financial Planning, Ministry of Health (received a bribe of 100,000 USD).
- 2 defendants committed the crime of "Bribery": Phan Ton Noel Thao, former Chief Accountant of Viet A Company (bribed 34 billion VND); Ho Thi Thanh Thao, former Treasurer of Viet A Company (bribed 34 billion VND).
- 2 defendants committed the crime of "Violating regulations on management and use of State assets causing loss and waste": Chu Ngoc Anh (causing damage to State assets of 18.98 billion VND); Pham Cong Tac (causing damage to State assets of 18.98 billion VND.
- 21 defendants committed the crime of "Violating bidding regulations causing serious consequences": Tran Thi Hong, former sales employee of Viet A Company (causing damage to state assets of 319.3 billion VND); Tran Tien Luc, former employee in charge of Viet A Company's area (causing a loss of 121.9 billion VND); Nguy Thi Hau, former Deputy Head of the Finance and Accounting Department of CDC Bac Giang (causing a loss of 105.6 billion VND); Phan Huy Van, former Director of Phan Anh Company (causing a loss of 104.9 billion VND); Phan Thi Khanh Van, freelance worker (causing a loss of 104.9 billion VND); Lam Van Tuan, former Director of CDC Bac Giang (causing a loss of 98 billion VND); Le Trung Nguyen, former sales employee of Viet A Company (causing a loss of 88 billion VND); Nguyen Manh Cuong, former Chief Accountant of CDC Hai Duong (causing a loss of 73.8 billion VND); Nguyen Thi Trang, former Director of the Financial Consulting and Services Center, Department of Finance Hai Duong (causing a loss of 73.8 billion VND); Tieu Quoc Cuong - former Chief Accountant, Deputy Head of the Finance and Accounting Department, Department of Health Binh Duong (causing a loss of 55.7 billion VND). VND); Nguyen Thanh Danh, former Director of CDC Binh Duong (causing damage of VND 55.7 billion); Tran Thanh Phong, former Deputy Head of Finance and Accounting Department of CDC Binh Duong (causing damage of VND 55.7 billion); Le Thi Hong Xuyen, former employee of CDC Binh Duong (causing damage of VND 55.7 billion); Nguyen Truong Giang, former General Director of VNDAT Company (causing damage of VND 29.6 billion); Nguyen Thi Thuy, former Project Director of VNDAT Company (causing damage of VND 29.6 billion); Nguyen Van Dinh, former Director of CDC Nghe An (causing damage of VND 17.3 billion); Nguyen Thi Hong Tham, former Chief Accountant of CDC Nghe An (causing damage of VND 17.3 billion); Ho Cong Hieu, former Appraiser of Southern Appraisal Company - Nghe An Branch (causing damage of VND 17.3 billion); Vu Van Doanh, former Director of TVC Valuation Company (causing damage of VND 14.8 billion); Ta Ngoc Chuc, former General Director Global Valuation Company (causing damage of 4 billion VND); Ninh Van Sinh, former Deputy Director of Trung Tin Valuation Company (causing damage of 2.5 billion VND).
- 2 defendants guilty of "Abusing position and power while performing official duties": Pham Manh Cuong, former Director of the Department of Health of Hai Duong province (causing damage of 73.8 billion VND); Nguyen Van Trinh, former official of the Government Office
- 2 defendants committed the crime of "Taking advantage of influence over people in positions of power and authority for personal gain": Nguyen Bach Thuy Linh, former Director of SNB Holdings LLC (stolen 6 billion VND); Nguyen Thi Thanh Thuy, former Specialist of Vietnam Education Publishing House (stolen 2 billion VND).
- Regarding defendant Pham Xuan Thang, former Secretary of Hai Duong Provincial Party Committee, the Investigation Police Agency of the Ministry of Public Security requested the Supreme People's Procuracy to consider approving the decision to change the Decision to prosecute the defendant No. 11/QD-CSKT-P9 dated July 11; prosecute according to the provisions of law.
Nguyen Huong
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