Nghe An Provincial Police: Responding to the Petition of Mr. Hoang Thanh Quang (K6, Ha Huy Tap Ward, Vinh City)

After receiving the citizen's petition, Nghe An Newspaper discussed the above content with Nghe An Provincial Police.On January 28, 2019, Nghe An Provincial Police issued Official Dispatch No. 654/CAT-PX05-PV01 reporting the results of handling the petition of citizen Hoang Thanh Quang, residing in Block 6, Ha Huy Tap Ward, Vinh City, Nghe An Province with the following content:

Recently, Nghe An Provincial Police received many transfer requests from a number of leaders of central and local agencies and press agencies, along with a request from Mr. Hoang Thanh Quang, residing in Block 6, Ha Huy Tap Ward, Vinh City, Nghe An Province, with the content of "complaining that Nghe An Provincial Police did not accept and resolve his request, accusing Mr. Hoang Thanh Cuong (Mr. Quang's younger brother), residing in Ward 3, Tan Binh District, Ho Chi Minh City of committing fraud and appropriation of property".

After receiving the petition, Nghe An Police focused on handling and resolving it in accordance with the law. However, Mr. Hoang Thanh Quang did not accept it and continued to write a petition to denounce all leaders at any level who participated in handling and responding to Mr. Quang. Mr. Quang filed a complaint against that person. Therefore, the Provincial Police issued a report to more than 30 agencies and organizations from the central to local levels for information.

Recently, Nghe An Provincial Police continued to receive transfer of petitions from some leaders of central agencies regarding Hoang Thanh Quang's petition. Nghe An Provincial Police respectfully report the results of reviewing the reception, classification, processing and resolution of Hoang Thanh Quang's petition as follows:

1. Simple content

Application of Mr. Hoang Thanh Quang, residing in block 6, Ha Huy Tap ward, Vinh city, Nghe An province.

Mr. Hoang Thanh Quang's petitions sent to functional departments and branches from central to local levels so far mainly have 3 main contents:

- Reflecting that Mr. Hoang Thanh Cuong (Mr. Quang's younger brother) took advantage of the fact that Mr. Quang had assigned the right to manage Quang Huy Limited Liability and Trading Company located at No. 68, Nguyen Sy Sach Street, Hung Phuc Ward, Vinh City to illegally transfer the Company to Mr. Pham Hong Son, residing in Hung Binh, Vinh City, Nghe An Province.

- Reflecting that the agencies under Nghe An Provincial Police (Provincial Police Inspectorate; Office of Provincial Police Investigation Agency; Vinh City Police Investigation Agency) issued guiding documents and responded to Mr.'s petition, which were not in accordance with the provisions of law.

- Reflecting that Mr. Mai Chien Thang (Chief Inspector of Nghe An Provincial Police), Mr. Le Tien Nam (Deputy Chief of Office of the Investigation Police Agency of Nghe An Provincial Police) and Mr. Nguyen Huu Cuong (Deputy Chief of Vinh City Police) were slow in handling Mr. Hoang Thanh Cuong's complaint about his fraudulent appropriation of property. Reflecting that Mr. Nguyen Huu Cau - Director of Nghe An Provincial Police ignored the complaint, covered up for competent authorities without handling Mr. Mai Chien Thang's complaint, covered up Mr. Mai Chien Thang's violations in the case of illegal arrest by Vinh City Police of Mr. Le Ngoc Thang, residing in Hamlet 5, Nghi Kim Commune, Vinh City, Nghe An Province.

2. The process of consulting and handling petitions of units under Nghe An Provincial Police

- Receiving and processing applications of Vinh City Police: On August 1, 2017, the Vinh City Police Department received a petition from Mr. Hoang Thanh Quang with the above content. On August 22, 2017, the Vinh City Police Department sent Official Dispatch No. 1486/CV-CQDT to Mr. Hoang Thanh Quang in response to the petition: "The content of the purchase and sale of shares between individuals Ms. Tran Thi Kim Van, Mr. Hoang Thanh Quang and Mr. Hoang Thanh Cuong leading to the dispute over the ownership of the company according to the complaint of Mr. Hoang Thanh Quang is a civil relationship, not under the responsibility of the Vinh City Police Department. The Vinh City Police Department informs and instructs Mr. Hoang Thanh Quang to submit a petition to the Vinh City People's Court for settlement".

- Reception and processing of applications by the Economic Police Department of Nghe An Provincial Police (Department PC03):On November 6, 2017, PC03 received a petition from Mr. Hoang Thanh Quang transferred by Department C46, ​​Ministry of Public Security. After studying the petition's content, PC03 conducted an initial verification and determined that the petition's content was a civil relationship, not under the jurisdiction of the Investigation Agency. Therefore, PC03 directly invited Mr. Quang to work and explained to him the provisions of the law, and instructed him to send the petition to Vinh City People's Court for settlement, but Mr. Quang did not agree.

-Receiving and advising on handling petitions of Nghe An Provincial Police Inspectorate (Room PX05):

+ Mr. Hoang Thanh Quang is the person who sent petitions to many agencies and departments from the Central to local levels and was forwarded by the agencies and departments to Nghe An Provincial Police, including the following agencies: Inspectorate of the General Department of Politics of the People's Public Security; Department of Organization and Personnel - General Department of Politics of the People's Public Security; CAND Newspaper; Department C46 - Ministry of Public Security; Delegation of National Assembly Deputies of Nghe An Province; Standing Committee of Nghe An Provincial People's Council; Standing Committee of Nghe An Provincial Party Committee; Inspectorate of Nghe An Province; Command of Military Region 4... In addition, Mr. Hoang Thanh Quang also sent many petitions to the leaders of Nghe An Provincial Police (the Director and Deputy Directors).

+ After receiving and classifying the petition, the Nghe An Provincial Police Inspectorate determined that the purchase and transfer of shares in the Company between members and other persons was not within the jurisdiction of the Police. Therefore, on March 30, 2017, the Nghe An Provincial Police issued Official Dispatch No. 105/HD-PV24 informing Mr. Quang that the content of the petition was not within the jurisdiction of the Nghe An Provincial Police and instructed Mr. Quang to submit the petition to the Court for consideration and settlement in accordance with the provisions of law.

- The fact that the functional units of Nghe An Provincial Police (Provincial Police Inspectorate; Provincial Police Investigation Agency; Vinh City Police Investigation Agency) determined that the content of Mr. Hoang Thanh Quang's complaint is a civil relationship, not under the jurisdiction of the Police for the following reasons:

+ Quang Huy Trading and Service Co., Ltd. is a limited liability company with two or more members. According to the provisions of the 2014 Enterprise Law, the Company's activities are regulated by this Law.

+ The transfer of shares by Mr. Hoang Thanh Quang and Ms. Tran Thi Kim Van to Mr. Hoang Thanh Cuong and the transfer of all of his shares to another person by Mr. Hoang Thanh Cuong is permitted by law. Specifically, Clause 3, Article 52 of the 2014 Enterprise Law stipulates:“A member of a limited liability company with two or more members has the right to transfer his/her capital contribution to another member or to a person who is not a member.”

+ The fact that Mr. Hoang Thanh Quang wrote a complaint accusing Mr. Hoang Thanh Cuong (Mr. Quang's younger brother) of fraud and appropriation of his property was due to an incorrect understanding of the law, because between Mr. Quang and Mr. Cuong there was a legally permitted share transfer contract (a written contract with notary public certification on January 3, 2011 and January 10, 2011). Therefore, the dispute between Mr. Quang and Mr. Cuong is a dispute over property ownership. Clause 2, Article 26 of the 2015 Civil Procedure Code stipulates:“Disputes over ownership and other rights to property are civil disputes under the jurisdiction of the Court”.

-Receiving and advising on handling of petitions by the Criminal Police Department of Nghe An Provincial Police (Department PC02):

+ Recently, Nghe An Police continued to receive many petitions from Mr. Hoang Thanh Quang sent by agencies, departments and branches with the same content as above. Therefore, to demonstrate responsibility for citizens' petitions and ensure objectivity in handling petitions, the leaders of Nghe An Provincial Police decided to assign the Criminal Police Department to re-evaluate the consultation and handling of petitions by units (Provincial Police Inspectorate, Economic Police Department and Vinh City Police) regarding Mr. Hoang Thanh Quang's petition.

+ On January 23, 2019, the Criminal Police Department of Nghe An Province Police worked with Mr. Hoang Thanh Quang to clarify the contents of the petition; and at the same time explained the legal regulations for Mr. Quang to understand. At this working session, there were the following contents:

* Mr. Quang affirmed that he was the one who directly drafted the petition and directly sent it to agencies and departments from the central to local levels. Mr. Quang did not authorize anyone else to draft and send it.

* Mr. Quang disagreed with the functional units of Nghe An Provincial Police when determining the content of his petition against Hoang Thanh Cuong as a civil relationship and the fact that these units instructed him to submit the petition to the Court was not in accordance with the provisions of the law. Regarding this content, Mr. Quang affirmed that Mr. Cuong showed signs of fraud and appropriation of his property, but Mr. Quang did not have documents to prove it.

* Mr. Quang said that after he sent the petition to the Provincial Police, within 2-4 months, the Investigation Police Agency must initiate or not initiate prosecution, but until now there has been no result, so he wrote a petition accusing Comrade Nguyen Huu Cau - Director of the Provincial Police, Member of the 14th National Assembly of covering up for his subordinates and letting criminals escape for Mr. Cuong.

Mr. Quang could not provide documents to prove the content of the complaint, but only thought that the responsibility of the Provincial Police Director to direct the prosecution or not to prosecute was because he sent such a petition.

This issue has been clearly explained to you by PC02 Department: Your application is not under the jurisdiction of the Public Security Department, so the competent authorities of Nghe An Provincial Policenot accept but only guideso that he can send the application to the correct address, which is the Court.

This activity of Nghe An Police is carried out in accordance with Clause 2, Article 4 of Circular 07/2014/TT-TTCP dated October 31, 2014 of the Government Inspectorate, regulating the process of handling complaints, denunciations, petitions and reflections (Clause 2, Article 4 of Circular 07, stipulates: "Handling a petition is the work of a State agency, organization or competent person when receiving a petition from an individual, agency or organization, must base on and compare with the provisions of law to accept and resolve if it is within their jurisdiction.or work instructionscitizens or forward the petition to the competent authority, organization, unit or person for settlement according to the provisions of law".

Therefore, the fact that the Investigation Police Agency at all levels in Nghe An Police did not issue any prosecution decisions is completely in accordance with the law.

* Mr. Quang confirmed that he had a friendship with Le Ngoc Thang, residing in Hamlet 5, Nghi Kim Commune, Vinh City, about 8 to 10 years ago.

Mr. Quang affirmed that he was the one who wrote the complaint accusing Comrade Nguyen Huu Cau - Director of the Provincial Police Department of covering up for Mr. Mai Chien Thang - Former Deputy Chief of Vinh City Police in the case of illegally arresting Mr. Le Ngoc Thang in 2014.

However, Mr. Quang did not have any specific information about the case and could not provide any documents to prove the content of the complaint. Regarding this content, Department PC02 informed Mr. Quang that: Le Ngoc Thang was sentenced by the People's Court of Vinh City to 06 (six) months in prison for the crime of "Disturbing public order" under Article 245 of the Penal Code; the verdict has come into legal effect and Le Ngoc Thang has completed the sentence; there was no illegal detention as he accused.

* The Criminal Police Department determined that the content of Mr. Quang's petition denouncing Mr. Hoang Thanh Cuong was a civil relationship, and cited the legal grounds as stated above by the Provincial Police Inspectorate; affirmed that the fact that the competent agencies of Nghe An Provincial Police did not accept and resolve Mr. Quang's petition and had a document instructing Mr. Quang to send a lawsuit to the Court for settlement was in accordance with the provisions of law; affirmed that the content of Mr. Quang's petition sent to agencies and departments from the Central to local levels denouncing the leaders of the Provincial Police Investigation Agency, the leaders of the Vinh City Police Investigation Agency, and the leaders of the Nghe An Provincial Police Inspectorate for intervening and covering up for Mr. Hoang Thanh Cuong and denouncing comrade Nguyen Huu Cau - Director of the Provincial Police for covering up and letting criminals go free was baseless, fabricated, and slanderous.

* The Criminal Police Department requests Mr. Quang to stop sending the above-mentioned complaint. If he continues to write petitions with false and fabricated information that affects the reputation of Nghe An Provincial Police and the Director of the Provincial Police, he will be handled according to the provisions of the law.

Official dispatch reporting the results of handling citizen Hoang Thanh Quang's petition by Nghe An Police.

3. Comments

- Although the content of Mr. Quang's petition has been explained and instructed by the units of the Provincial Police to submit the petition to the Court for consideration and resolution, he still regularly sends petitions to the Provincial Police and departments from central to local levels to denounce Comrade Nguyen Huu Cau, Director of the Provincial Police - Delegate of the 14th National Assembly, for having signs of abusing democratic freedoms to infringe upon the interests of the State, the rights and legitimate interests of organizations and individuals, as stipulated in Article 331 of the 2015 Penal Code (amended and supplemented in 2017).

- The Criminal Police Department of Nghe An Provincial Police is the final assessment unit for the content of Mr. Quang's petition and affirms that the content of Mr. Quang's petition denouncing Mr. Hoang Thanh Cuong is a civil relationship and Mr. Quang's denunciation of the leaders of the Provincial Police Investigation Agency, the leaders of the Vinh City Police Investigation Agency, the leaders of the Nghe An Provincial Police Inspectorate for intervening and covering up for Mr. Hoang Thanh Cuong and denouncing comrade Nguyen Huu Cau - Director of the Provincial Police for covering up and letting criminals go free is baseless, fabricated, and slanderous.

Mr. Hoang Thanh Quang could not provide any additional documents to prove the content of his accusation against Mr. Hoang Thanh Cuong, nor could he provide documents to prove the content of his accusation against a number of leaders of Nghe An Provincial Police.

Thus, the functional units of Nghe An Provincial Police (Provincial Police Inspectorate; Provincial Police Investigation Agency; Vinh City Police Investigation Agency) issued guiding documents and responded to Mr. Hoang Thanh Quang's petition, which properly performed their functions and duties in advising and handling the petition in accordance with the provisions of law, demonstrating a sense of responsibility for the citizen's petition.

When determining the content of the petition to be a civil matter, a written notice was sent to Mr. Quang and instructions were given to him to write a petition and send it to the competent authority for consideration and resolution; the citizen was invited to the headquarters of the Provincial Police Department of Investigation to directly explain and provide very specific instructions, but due to his legal awareness, Mr. Quang did not agree with the handling of the Nghe An Provincial Police.

Nghe An Provincial Police have fully reported the results of Mr. Quang's petition to the units and localities where Mr. Quang submitted his petition (there are more than 30 specific addresses).