12 recommendations of the Trial Council after the Phan Van Vinh case

According to the first instance verdict announced on November 30 by the Phu Tho People's Court, defendants Phan Sao Nam (former chairman of VTC Online Company), Hoang Thanh Trung (former director of Nam Viet Company, currently on the run), Nguyen Van Duong (former chairman of the police front company - CNC) connected, cooperated to establish and operate an online gambling organization through card game portals: Rikvip/Tipclub, 23zdo, Zon/Pen...

After 27 months of operating the line, 25 agents have been established to develop 6,000 second-level agents, attracting nearly 43 million player accounts across 24 provinces and cities. Total revenue is nearly 10,000 billion VND.

For protecting this network, former Director General of the General Department of Police Phan Van Vinh was sentenced to 9 years, former Director of the High-Tech Crime Prevention Police Department C50 Nguyen Thanh Hoa was sentenced to 10 years in prison, both for the crime.Abuse of power while performing official duties.

Nguyen Van Duong and Phan Sao Nam were sentenced to 10 and 5 years in prison respectively for two crimes.Gambling, Money LaunderingThe remaining 88 defendants received the lowest penalty of 40 million VND and the highest of 3 years and 6 months in prison for the following crimes:Money laundering, Illegal trading of invoices, Organizing gambling, Gambling, Using the internet to appropriate property.

In the verdict announced on November 30, the People's Court of Phu Tho province also recommended 12 issues to ministries, branches and the Phu Tho provincial police investigation security agency to continue verifying in the second phase.

Firstly, the People's Court recommended that the Ministry of Public Security have a strict selection mechanism for the activities of professional companies, avoiding taking advantage of this advantage to commit illegal acts.

Second, the Ministry of Public Security should arrange for officers with professional qualifications appropriate to their positions, avoiding cases like the defendant Hoa, who was the Director of Department C50 but had no qualifications in information technology.

Third, the investigation agency needs to continue to clarify Nam and Duong's statements about giving money and property to officers of the General Department of Police, C50, PC50 Hanoi; if there are signs of crimeTake bribesmust be handled in accordance with the law.

Fourth, the investigation agency verified the responsibility of banks and bank employees involved in making large-scale money transfers through personal accounts for the defendants to take advantage of to pay for gambling revenue. From there, the authorities found loopholes to recommend remedies and handle violators.

Fifth, the court recommended continuing to investigate the responsibility of individuals, the Ministry of Information and Communications and relevant agencies that have the function of managing the telecommunications sector but did not inspect and detect in a timely manner; when detected, they did not resolutely handle the situation, causing very serious consequences.

Sixth, the security investigation agency in phase two needs to continue to clarify the profit sharing ratio between CNC Company (80%) and the High-Tech Crime Prevention Police Department (20%) according to the memorandum of understanding on business cooperation dated October 10, 2011.

Seventh, the court of first instance recommended continuing to investigate suspected criminal-related behavior.Money launderingof Duong and Nam at the following enterprises: Deo Ca Group, Khu Dong, Saigon Alpha.

Eighth, clarify violations in renting server space to operate Rikvip/Tipclub card game at Viettel CHT Company, VNPT; if there are violations, request strict handling.

Ninth, the judgment recommends that the Government direct the Ministry of Information and Communications and relevant ministries and branches to strengthen the management of telecommunications scratch card issuance activities, especially since these scratch cards are also used for external services.

Tenth, the court of first instance recommended that the Government direct the State Bank, the Ministry of Information and Communications, and relevant ministries and branches to complete relevant legal regulations and strengthen management responsibilities for the issuance of cards with face values ​​such as game cards and multi-purpose cards to ensure the scope and purpose of use.

Eleventh, the court of first instance recommended that the Government direct the State Bank of Vietnam, the Ministry of Information and Communications, the Ministry of Industry and Trade, and the Ministry of Finance to complete legal regulations on coordinating the management of intermediary payment enterprises. In particular, it proposed strict regulations on card payment.

Finally, the People's Court of Phu Tho province recommended that the Ministry of Information and Communications strengthen the management of licensing electronic games for prizes (G1) and advertising on telecommunications networks.

Why did the network operator earn billions in profits and only get a part of it recovered?

According to the verdict, according to the 2009 Telecommunications Law, telecommunications payment cards can only be used for telecommunications services. But in reality, telecommunications cards are also a means of exchange in the commodity market because the provisions of the law are still contradictory and overlapping. The court believes that this leads to the fact that the issuing enterprises themselves cannot control what purpose the cards are used for. However, that does not mean that telecommunications enterprises are not responsible for the cards they issue.

In the case, the defendants used telecommunications cards as a means of payment and exchange in organizing illegal online gambling using the card game Rikvip/TipClub. The total amount of money collected by the telecommunications companies was more than 1,200 billion VND.

Although the above networks did not know to sign the contract with Duong and Nam's group, the revenue from the business of these telecommunication cards is a source of profit without any legal basis. Therefore, the court recommended that it should be recovered and added to the state budget, but with consideration of taxes, deductions paid to the budget, sales cost discounts and other reasonable expenses.

Specifically, Viettel earned more than 900 billion VND, after deducting the above expenses, the investigation agency recommended to recover more than 270 billion VND. Accepting the legal basis of the People's Procuracy and the request of the network operator, the court ruled to recover more than 90 billion VND from this enterprise and must pay immediately when the verdict comes into legal effect.

For Vietnam Posts and Telecommunications Corporation (Vinaphone), the total benefit was more than 147 billion VND, after deducting expenses, the investigation agency proposed to collect 67 billion VND. However, the verdict ruled that Vinaphone only had to pay back 13 billion VND. MobiFone benefited more than 170 billion VND, and had to pay according to the investigation agency's proposal of 38 billion VND, while the verdict ruled it was 15 billion VND.

12 people who escaped and got sick will continue to be processed.

According to the prosecution agencies, the 12 defendants who operated the gambling ring or were intermediaries helping to operate the criminal organization include: Hoang Thanh Trung, Hoang Ngoc Tu, Ta Quang Khoa, Tran Quang Hanh, Pham Tien Cuong, Nguyen Huy Bach, Nguyen Duy Thinh, Le Van Kien, Phan Anh Tuan, Hoang Dai Duong, Nguyen Trong Thang, Vu Van Minh. However, when their crimes were discovered, they fled.

The investigation agency has prosecuted the defendant and issued a wanted notice, but has not yet arrested him, so the investigation must be temporarily suspended. When he is arrested, the case will be handled later. As for the defendant Bui Ngoc Hoan, he has a serious illness, so the investigation has been temporarily suspended. When he recovers, the case will be considered and handled according to the law.