Sentencing of 38 defendants in the Viet A case.

On the afternoon of January 12th, the Hanoi People's Court sentenced 38 defendants in the case of Viet A Technology Joint Stock Company (Viet A Company) for the following crimes: Violating regulations on bidding causing serious consequences; Violating regulations on the management of state assets causing losses and waste; Giving bribes; Receiving bribes; Abusing position and power while performing official duties; and Abusing influence over persons in positions of power for personal gain.

Accordingly, the Panel of Judges pronounced the following sentences:

Defendant Phan Quoc Viet (Chairman of the Board of Directors and General Director of Viet A Company) was sentenced to 14 years in prison for "Violating bidding regulations causing serious consequences" and 15 years in prison for "Giving bribes"; the combined sentence for Viet is 29 years in prison. Defendant Vu Dinh Hiep (Deputy General Director of Viet A Company) was sentenced to 7 years in prison for "Violating bidding regulations causing serious consequences" and 8 years in prison for "Giving bribes"; the combined sentence for Hiep is 15 years in prison.

Six defendants were convicted by the court of "receiving bribes," including: Trinh Thanh Hung (former Deputy Director of the Department of Science and Technology for Economic and Technical Sectors, Ministry of Science and Technology) with 14 years in prison; Nguyen Thanh Long (former Minister of Health) with 18 years in prison; Nguyen Huynh (former Deputy Head of the Drug Price Management Department, Drug Administration of Vietnam, Ministry of Health) with 9 years in prison; Nguyen Minh Tuan (former Director of the Department of Medical Equipment and Facilities, Ministry of Health) with 8 years in prison; Nguyen Nam Lien (former Director of the Planning and Finance Department, Ministry of Health) with 7 years in prison; and Pham Duy Tuyen (former Director of the Center for Disease Control (CDC) of Hai Duong province) with 13 years in prison.

Three defendants were convicted of "Abusing their position and authority while performing official duties": Pham Xuan Thang (former Secretary of the Hai Duong Provincial Party Committee) received a 5-year prison sentence, while Pham Manh Cuong (former Director of the Hai Duong Provincial Department of Health ) and Nguyen Van Trinh (former Assistant to the Deputy Prime Minister) received 4-year prison sentences.

The two defendants, Chu Ngoc Anh (former Minister of Science and Technology) and Pham Cong Tac (former Deputy Minister of Science and Technology), were both sentenced to 3 years in prison for the same crime of "Violating regulations on the management and use of state assets causing loss and waste."

The two defendants, Pham Ton Noel Thao (Assistant to the Finance Department, Viet A Company) and Ho Thi Thanh Thao (Treasurer of Viet A Company), were both sentenced to 4 years in prison for the crime of "Giving bribes".

The two defendants, Nguyen Thi Thanh Thuy (former specialist at Vietnam Education Publishing House) and Nguyen Bach Thuy Linh (Director of SNB Holdings One-Member Limited Liability Company), were sentenced to 30 months in prison but given suspended sentences, both for the crime of "Abusing influence over persons holding positions of power for personal gain".

The remaining 20 defendants were also convicted of "Violating bidding regulations causing serious consequences," including three employees of Viet A Company: Tran Thi Hong and Le Trung Nguyen, both sentenced to 30 months in prison; Tran Tien Luc, 36 months; and Lam Van Tuan (former Director of the Bac Giang CDC), 5 years. Defendants Nguyen Manh Cuong (former Chief Accountant of the Hai Duong CDC), Nguy Thi Hau (former Deputy Head of the Finance and Planning Department, Bac Giang CDC), and Nguyen Truong Giang (General Director of VNDAT Company) were each sentenced to 30 months in prison. Phan Huy Van (Director of Phan Anh Medical Supplies and Pharmaceutical Company - Bac Giang), Phan Thi Khanh Van (freelancer), and Tieu Quoc Cuong (former Chief Accountant, former Deputy Head of the Planning and Finance Department, Binh Duong Department of Health) were each sentenced to 36 months in prison. Nguyen Thi Trang (former Director of the Financial Consulting and Services Center, Hai Duong Department of Finance) received a 30-month suspended sentence. Vu Van Doanh (Director of Thang Long Valuation Company), Ho Cong Hieu (appraiser at Southern Information and Valuation Joint Stock Company, Nghe An Branch), and Tran Thanh Phong (Deputy Head of Finance and Accounting Department, Binh Duong CDC) each received a 24-month prison sentence but were given a suspended sentence. Ta Ngoc Chuc (Director of Toan Cau Valuation and Investment Company) received a 20-month prison sentence, combined with a previous 3-year and 9-month sentence, for a total combined sentence of 5 years and 5 months. Le Thi Hong Xuyen (employee of Binh Duong CDC) was sentenced to 24 months in prison. Nguyen Thi Thuy (Project Director of VNDAT Company) received a 26-month prison sentence. Ninh Van Sinh (former Deputy Director of Trung Tin Valuation Joint Stock Company) was sentenced to 18 months in prison, plus 4 years from a previous sentence, for a total combined sentence of 5 years and 6 months. Nguyen Van Dinh (former Director of Nghe An CDC) and Nguyen Thi Hong Tham (former Chief Accountant of Nghe An CDC) were both sentenced to 2 years and 12 days in prison, equal to the time they had already spent in detention, so they were released immediately at the court.

Specifically, the court applied a policy of "special leniency" to defendant Nguyen Thanh Danh (former Director of the Binh Duong CDC), exempting him from criminal prosecution. According to the court, the defendant was fully aware that his actions at the time could lead to prosecution, but he still "dared to think and act," accepting responsibility. Defendant Danh "did not act for personal gain," repeatedly and resolutely refused benefits from Viet A, and furthermore, warned subordinates to avoid wrongdoing.

The trial panel concluded that, in this case, the defendants' actions were very serious, violating public order and security, economic management safety, and the reputation and honor of relevant agencies and organizations. They caused serious damage to the state budget and the mobilization of social resources, provoked public outrage and indignation, degraded the morality, lifestyle, and behavior of a segment of officials and Party members, and undermined the trust and prestige of the Party and all levels of government.

Therefore, initiating legal proceedings, prosecuting, bringing the defendants to trial, and applying strict penalties to each defendant for each crime, commensurate with the nature and severity of the consequences of each defendant's actions, is necessary to punish acts that go against the interests of the State, the people, and society. The fight against and prevention of crime in general, and the consideration of special leniency for defendants who committed crimes while performing urgent epidemic prevention and control duties, without personal gain or with negligible gain, are also important.

The panel of judges assessed that all 38 defendants were honest in their statements, actively cooperated with the investigating agency to clarify the case, and actively mitigated the consequences. Some defendants who did not benefit still voluntarily paid money, or paid more than the amount they were accused of.

In principle, those who caused the damage should be jointly liable for compensation, but the court found that the entire loss in the case was determined to be the money Viet A Company earned from selling more than 4 million test kits. Therefore, the panel of judges did not order the 21 defendants in the group charged with violating bidding regulations causing serious consequences to pay compensation, but ordered defendant Phan Quoc Viet to jointly compensate 402 billion VND in damages in 21 related provinces and cities (Hai Duong, Bac Giang, Nghe An, Binh Duong, Dong Thap, Tra Vinh, Vinh Long, Hau Giang, Ca Mau, Binh Phuoc, Ninh Thuan, Hanoi, Yen Bai, Ha Giang, Nam Dinh, Dak Lak, Tien Giang, Lam Dong, Son La, Phu Tho...).

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