After 5 days of trial and more than 2 days of deliberation, the Hanoi People's Court issued a verdict for 38 defendants in the Viet A case.
In the verdict, the heaviest penalty was given to 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: a total of 29 years in prison. And the lightest sentence was the exemption of 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; and 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 fell into a state of collapse.
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, cause serious damage to the state budget, to the mobilization of social resources, cause public outrage, social discontent, degrade the ethics, lifestyle, and behavior of a number of cadres and Party members; and discredit the Party's trust," the panel announced the verdict.
From the above factors, the Panel of Judges determined that indictment, prosecution, 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 people, and to fight and prevent 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 enjoying insignificant benefits.
The behavior of each defendant is a "link"
In the first instance judgment, the panel of judges announced aggravating circumstances of criminal responsibility 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.
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 all activities 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, Drug Administration Department, Ministry of Health), Nguyen Thanh Long (former Minister of Health)... at different stages and segments of the crime," the panel of judges said.
Mr. Chu Ngoc Anh (Photo: Nam Phuong).
The Court assessed that the connection between the above defendants was not completely close, 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 sentenced for the same crime, so there was 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 the 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 should enjoy the mitigating circumstance of "sincere confession".
The panel also highly appreciated the defendants’ attitudes and awareness, especially the active cooperation of most of the defendants with the investigation agency, in order 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 amount of illegal profits, 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.
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 recognized 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 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...
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, officers 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 penalty below the lowest level of the penalty framework to defendants with many mitigating circumstances, who had returned most of the benefits; defendants who were subordinate employees, salaried employees, followed instructions, were submissive, dependent; committed crimes in the role of accomplices, assistants, secondary; especially those who did not benefit or benefited insignificantly, voluntarily reported and surrendered; or did not benefit but voluntarily paid money to compensate for the damage.
Overview of the trial (Photo: Nam Phuong).
The panel also considered sentencing some defendants to prison terms equal to the time they had been detained or were being detained for, or to suspended their sentences.
The Court also considered and decided on a special leniency 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 and work closely with the Binh Duong CDC in fighting 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 his 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 giving bribes: Total 15 years in prison
Crime of accepting bribes
Nguyen Thanh Long, former Minister of Health: 18 years in prison
Pham Duy Tuyen, former Director of Hai Duong CDC: 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 the Department of Financial Planning, 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 Provincial 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 employee of Binh Duong Province CDC: 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, Nghe An Provincial CDC: 2 years and 12 days (equal to the detention period)
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
Pham Manh Cuong, former Director of the Department of Health of Hai Duong province: 4 years in prison
Nguyen Van Trinh, former Government Office official: 4 years in prison
Pham Xuan Thang, former Secretary of Hai Duong Provincial Party Committee: 5 years in prison
Crime of taking advantage of influence over people in positions of power and authority for personal gain
Nguyen Bach Thuy Linh, Director of SNB Holdings Company: 30 months suspended sentence
Nguyen Thi Thanh Thuy, former specialist of the Education Publishing House: 30 months in prison
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