The court's decision to "exonerate" former Binh Duong CDC Director Nguyen Thanh Danh from criminal responsibility in the Viet A mega-case has received public approval, and the repercussions will undoubtedly continue for a long time.
Good citizens dare to think and dare to act.
Ho Chi Minh City Party Secretary Nguyen Van Nen stated that this result is fair and reasonable, in line with the spirit of the Politburo 's Conclusion 14 on encouraging and protecting officials who dare to think and act for the common good. When officials act for the common good, without self-interest, any risks they face will be carefully considered.
In the whirlwind of money surrounding Viet A, numerous officials, including many high-ranking officers, succumbed to the allure of money, but Mr. Nguyen Thanh Danh was one of the rare few who remained unmoved by the temptation. He was a man who dared to act and take responsibility in performing his duties on the front lines of the fight against the pandemic.
The court assessed him as someone who "dared to think and act," made decisions "for the health of the people," and repeatedly refused to accept money from Viet A, thus exempting him from criminal liability.
However, upon reassessment, the Prosecutor's Office stated that, after reviewing the case file, they found that Mr. Danh had a good character, was an exemplary citizen, and did not benefit from the situation.
Lawyer Nguyen Thanh Cong and Mr. Nguyen Thanh Danh |
Lawyer Nguyen Thanh Cong assessed, "Mr. Danh has a respectable character, he doesn't falter in the face of difficulties, and money cannot sway him. But tragically, he received the indictment decision on the very day he received his retirement decision."
Perhaps, there is no need to further analyze the very accurate, reasonable, and empathetic assessments of Mr. Nguyen Thanh Danh made by many agencies as mentioned above.
Previously, when expressing his views on some defendants in the Viet A Tet holiday case on August 16, 2023, Deputy Head of the Central Internal Affairs Committee Nguyen Van Yen also stated that in cases of violations during the pandemic but without personal gain, the Central Steering Committee on Anti-Corruption and Negative Phenomena had agreed on the principle of "exemption from criminal responsibility".
In a report submitted to the National Assembly at its 5th session, Supreme People's Procuratorate Chief Prosecutor Le Minh Tri also suggested that "in many cases involving economic and official crimes without an element of personal gain, the severity of the punishment should be reviewed and revised."
Some lessons learned in dealing with officials and civil servants who dare to think and dare to act.
In recent years, the phenomenon of some officials being afraid of responsibility and hesitant to act has become a hot topic in conferences. Numerous documents and directives from various levels and sectors have been issued to address this issue.
This situation has many causes, among which overlapping, inconsistent, and inadequate legal documents, and rigid application of the law in litigation, are two of the fundamental reasons.
With such a legal system, when officials with authority make decisions on specific policies, they may be correct according to one law but incorrect according to another; or correct according to the law but incorrect according to decrees and circulars. This can easily lead to legal trouble.
On the other hand, with a rigid, inflexible application of the law, those who dare to think and act boldly can easily end up in legal trouble, as exemplified by Mr. Nguyen Thanh Danh.
The prosecutor's representative explained that the review of the case file revealed that Mr. Nguyen Thanh Danh had a good character, was an exemplary citizen, and did not benefit from the situation, which is perhaps a good lesson learned.
If he had possessed such foresight, "outstanding citizen" Nguyen Thanh Danh (who had reached retirement age but was asked to stay on to continue working to participate in the fight against the epidemic) would not have suffered both physical and personal harm.
Hopefully, Mr. Danh's courageous actions, his willingness to think outside the box, take initiative, and accept responsibility will be recognized and appreciated, helping to ignite the enthusiasm of many officials and civil servants in performing their duties.
To ensure that officials and civil servants are confident and enthusiastic in performing their duties, the most essential and urgent thing is to have a unified, fundamental, and clear legal framework, and to have a team of judicial officials who are very strict but also very impartial and consistent in protecting justice.
Let me reiterate the assessment of the Secretary of the Ho Chi Minh City Party Committee, Nguyen Van Nen, speaking at the Conference on Public Investment Disbursement in Ho Chi Minh City: "The exemption from criminal prosecution for the former Director of the Binh Duong CDC is significant in encouraging officials to dare to think and dare to act. The public strongly supports this court ruling."
According to VietNamNet
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