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Fight against corruption in the private sector

Việt NamViệt Nam18/09/2024


Along with the fight against embezzlement and corruption in the state sector, recently, the provincial authorities have fought and cracked down on many corruption cases in the private sector, contributing to protecting the assets, rights and legitimate interests of organizations, individuals and businesses.

Defendant Trinh Tuan Anh was sentenced to 20 years in prison for embezzlement.

Recently, a number of corruption cases have occurred in the private sector in the province. Although this is not a new type of crime, it is a dangerous type of crime, affecting economic activities and production and business activities of enterprises... The criminals are mainly people with positions, powers, and employees of the company, using tricks such as false reports, creating fake documents (using fake invoices, fake delivery notes...), to transfer goods and money out of the company for embezzlement.

On September 12, the Provincial People's Court held a trial for the case of embezzlement of assets at Gia Huy Phat Banana Company Limited against defendant Trinh Tuan Anh (born in 1996). Previously, in early 2020, Tuan Anh was appointed by the company to manage the company's banana warehouse located in Mai Dam town, Chau Thanh district.

During this time, taking advantage of the company's trust in managing and operating the warehouse, Tuan Anh took bananas from the warehouse and sold them to Mr. N. with a quantity of 116,000 kg of bananas, collecting 929 million VND, but only reported to the company that the quantity sold was 61,381 kg, appropriating 428 million VND. In addition, Tuan Anh was also assigned to collect shipping fees by the company's vehicles for 15 customers, with a total amount of 858 million VND, but only reported to the company 3 customers, appropriating 801 million VND,...

Previously, in May 2024, Nguyen Viet Phong, a former employee of Mam Xanh Fertilizer Joint Stock Company, also received 18 years in prison for embezzlement.

Phong was a sales employee of the company, assigned to go to agricultural supply stores in Hau Giang, Soc Trang, Bac Lieu provinces and Can Tho city to collect debts for the company.

However, from August 2022 to March 2023, Phong collected debts from 14 fertilizer dealers with an amount of more than 1.4 billion VND, but did not pay it to the company, but appropriated it for personal use.

According to the assessment of the authorities, since the beginning of the year, the whole province has handled 14 cases/25 defendants of crimes related to corruption, of which 8 cases occurred in the non-state sector.

The main cause of corruption in the private sector is that although the offenders are qualified, they are lazy and greedy. In addition, the management and operation of many enterprises are still flawed and inadequate. Operating regulations, internal spending regulations, financial management regulations, inspection and supervision work are still lax.

On the other hand, to reduce costs, many businesses assign an individual to take on multiple jobs, such as being a warehouse keeper, a salesperson, a collector, or because of relationships and trust, they assign acquaintances to be accountants and cashiers or accountants and warehouse keepers. After a period of working, these individuals take advantage of the trust of their superiors, using their job positions to "gut" and "corrode" the company's finances with sophisticated and unpredictable tricks.

According to lawyer Nguyen Hoang Manh, Vice Chairman of the Provincial Bar Association, the 2015 Penal Code (amended and supplemented in 2017) has extended to the non-state sector four crimes including embezzlement, bribery, bribery and bribery brokerage. Specifically, each law is stipulated in Clause 6 of Articles 353, 354, 364 and Clause 7, Article 365.

“In addition, the 2018 Law on Anti-Corruption also stipulates acts of corruption in the non-state sector committed by people with positions and powers in enterprises and organizations in the non-state sector, including embezzlement of assets; receiving bribes; giving bribes, and brokering bribes to resolve the work of their own enterprises and organizations for personal gain,” said Mr. Manh.

According to Mr. Pham Hoang Lam, Deputy Chief Justice of the Provincial People's Court, in the process of adjudicating corruption cases in the private sector, criminals often have positions and qualifications, always try to conceal their crimes, some defendants give evasive statements, deny their crimes, and the crimes occur over a long period of time, making it difficult to collect evidence and prosecute. To prevent this type of crime, it is necessary to strengthen management in general, as well as in the work of preventing corruption, and enhancing integrity in business in particular. At the same time, it is necessary to pay attention to internal control activities, proactively inspect, prevent, detect and handle fraud in business activities of enterprises.

BB



Source: https://www.baohaugiang.com.vn/phap-luat/dau-tranh-phong-chong-hanh-vi-tham-nhung-trong-khu-vuc-tu-135686.html

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