Preventing abuse of power and position in performing official duties

Detect and handle many cases

Taking advantage of one's position and power while performing official duties is an act that goes against the assigned duties of a person holding a position and power, causing damage to the interests of the State, society, the legitimate rights and interests of organizations and individuals due to personal gain or other personal motives. Recently, the authorities in Nghe An have discovered and strictly handled many cases related to this crime.

Typically, during the process of verifying and investigating violations that occurred at Na Ngoi Boarding Ethnic Primary and Secondary School (Na Ngoi Commune, Ky Son District), the Investigation Police Agency of Ky Son District Police determined that: From 2020 to 2023, Pham Manh Hung - Principal of Bao Thang Boarding Ethnic Primary and Secondary School (formerly Principal of Na Ngoi Boarding Ethnic Primary and Secondary School for the period 2020 - 2023) directed Truong Xuan Cuong, accountant of Na Ngoi Boarding Ethnic Primary and Secondary School and a number of related people to create fake payment records for the contract to hire school security guards, create fake withdrawal records for teaching activities in place of teachers on maternity leave and lacking staff, create fake records to settle money for purchasing equipment.

At the same time, he directed the illegal collection of students' money to appropriate and use for personal purposes with a total amount of more than 374 million VND.

Therefore, the Investigation Police Agency of Ky Son District Police has decided to prosecute the case and prosecute the accused.and ordered the temporary detention of Pham Manh Hung for embezzlement and abuse of position and power while performing official duties; and Truong Xuan Cuong for abuse of position and power while performing official duties.

Or the case of "Abusing position and power while performing official duties" occurred at the Management Board of industrial clusters in Quy Hop district.

Through the work of grasping the situation, the authorities discovered that in this district, there was a situation of creating fake environmental assessment reports to pay the budget, causing damage to the State. The Police Department of Investigation of Crimes on Corruption, Economy, Smuggling, and Environment (Nghe An Provincial Police) established a special project to fight.

Based on the investigation results, on April 25, 2024, the Investigation Police Agency of Nghe An Provincial Police issued a Decision to prosecute Nguyen Thi Hong Nhung, specialist of the Finance and Planning Department of the People's Committee of Quy Hop District; Pham Thi Giang - employee of Viet Anh Environment Joint Stock Company for the crime of "Taking advantage of position and power while performing official duties" according to the provisions of Article 356 of the Penal Code.

Expanding the investigation of the case, on June 10, 2024, the Investigation Police Agency of Nghe An Provincial Police issued a Decision to prosecute the accused, an Arrest Warrant to detain 2 more subjects: Tran Duc Loi - Vice Chairman of Quy Hop District People's Committee; Nguyen Van Khoa - Director of Viet Anh Environment Joint Stock Company to investigate the same crime mentioned above.

Most recently, on June 30, the Investigation Police Department of Nghe An Province Police issued a decision to prosecute the case and prosecute 3 suspects for the crime of "Abusing position and power while performing official duties" related to violations that occurred at the Nursing Center for People with Meritorious Services to the Revolution in Nghe An Province.

Accordingly, the police agency determined: In 2021, Ms. Nguyen Thi L. (at the time she held the position of Director of the Center for Nursing People with Meritorious Services to the Revolution in Nghe An province) colluded with Nguyen Ba Ngoc - Director of Construction Joint Stock Company 268 Hung Nguyen and Phan Hong Son - Chief Accountant of the Center for Nursing People with Meritorious Services to the Revolution in Nghe An province to fabricate bidding documents, procurement documents and payment documents for procurement packages, equipment investment, upgrading of facilities serving people with meritorious services to withdraw money from the State budget in violation of regulations to gain illegal profits and cause billions of dong in losses.

In addition, in June 2024, the authorities also discovered 1 case and 3 subjects "Taking advantage of position and power while performing official duties" occurring at Nghe An Traditional Medicine Hospital.

Advanced responsibility for public service

According to Dr. Lawyer Nguyen Trong Hai - Director of Trong Hai and Associates Law Firm: The acts of taking advantage of positions and powers while performing official duties by officials, civil servants, and people in positions of authority not only cause damage to the State, organizations, and individuals but also cause loss of trust among the people, negatively affecting public opinion.

This is a crime in the group of corruption and position crimes stipulated in Article 356 of the 2015 Penal Code, amended and supplemented in 2017.

Accordingly, offenders who abuse their positions and powers while performing official duties may be prosecuted for criminal liability with penalties ranging from non-custodial reform to 03 years and up to 15 years in prison depending on the severity of the violation, property damage...

In addition, the offender is also banned from holding certain positions from 01 year to 05 years, and may be fined from 10,000,000 VND to 100,000,000 VND.

In recent times, Nghe An province has implemented many solutions to raise awareness and responsibility in performing public duties of cadres and civil servants; prevent cases of cadres and civil servants lacking self-cultivation, taking advantage of loopholes in management, mechanisms, policies, and abusing assigned authority and tasks to harass and gain personal gain.

Typically, on December 1, 2023, the Provincial People's Committee issued Document No. 10309-UBND-TD implementing Directive No. 26/CT-TTg of the Prime Minister on rectifying and strengthening the inspection, examination and supervision of public service activities.

Accordingly, the Provincial People's Committee requests departments, branches, sectors; state-owned enterprises in the province, People's Committees of districts, cities, towns... to strictly implement the Prime Minister's instructions on continuing to rectify and strengthen discipline and order in state administrative agencies at all levels; regularly organize inspections, checks, and supervise the performance of assigned tasks and powers of agencies, organizations, and individuals under their management; especially the performance of tasks and powers related to handling work and administrative procedures for people and businesses and the implementation of ethical standards, codes of conduct, internal rules, and working regulations of agencies and units.

During the inspection, examination and supervision process, if any violations are detected, apply or recommend that competent state agencies apply handling measures in accordance with the provisions of law to prevent, correct and promptly handle violations of the law and violations of public ethics.

If necessary, request or propose competent authorities to conduct inspections; if signs of crime are detected, recommend competent authorities to clarify and strictly handle them according to the provisions of law.

Recently, on June 4, 2024, the Provincial People's Committee issued Directive No. 20/CT-UBND on strengthening discipline, administrative discipline, and improving work efficiency in agencies, units, and organizations in the province.

It clearly states: The head must take direct and comprehensive responsibility for all aspects of the agency's and unit's activities; enhance the sense of responsibility, discipline, professional capacity, ethical standards, and lifestyle of himself and his staff, civil servants, public employees, and workers.

The Directive also requires directors of departments, heads of provincial-level departments and branches, and Chairmen of People's Committees of districts, cities and towns in the province to strengthen inspection and supervision of public service activities; promptly review, replace or transfer to other jobs cadres and civil servants with weak capacity, who do not meet job requirements; avoid or shirk responsibility affecting common tasks; detect and strictly handle agencies, units, heads of agencies, units and cadres, civil servants and public employees who allow delays, inconvenience, harassment, corruption and negativity to occur.

Practice shows that cases of abuse of position and power while performing public duties occur mainly due to the deterioration of professional ethics of officials and civil servants, low public responsibility of officials and civil servants, and the motive of personal gain leading to violations.

Therefore, in addition to inspection and supervision by competent authorities, each cadre and civil servant needs to improve their awareness of law compliance; cultivate professional skills, professional ethics, and responsibility in performing public duties.

Agencies, departments and branches also need to create conditions and promote the role of "eyes and ears" of the people in detecting and strictly handling officials and civil servants who harass and cause trouble in the performance of their duties, especially in sensitive areas where violations are likely to occur.