Combating abuse of power and authority in the performance of official duties.

Many cases were detected and handled.

Abusing one's position and authority while performing official duties is an act contrary to the assigned tasks of a person holding such a position or authority, causing damage to the interests of the State, society, and the legitimate rights and interests of organizations and individuals for personal gain or other personal motives. Recently, authorities in Nghe An have detected and severely punished many cases related to this crime.

A typical example of the verification and investigation process regarding violations at Na Ngoi Ethnic Boarding Primary and Secondary School (Na Ngoi commune, Ky Son district) shows that the Ky Son District Police Investigation Agency determined: From 2020 to 2023, Pham Manh Hung - Principal of Bao Thang Ethnic Boarding Primary and Secondary School (formerly Principal of Na Ngoi Ethnic Boarding Primary and Secondary School from 2020 to 2023) - instructed Truong Xuan Cuong, accountant of Na Ngoi Ethnic Boarding Primary and Secondary School, and several related individuals to falsify payment documents for school security guard contracts, falsify documents to withdraw funds for substitute teaching for teachers on maternity leave and staff shortages, and falsify documents to settle accounts for equipment purchases.

At the same time, he directed the collection of money from students for personal gain, totaling over 374 million VND.

Therefore, the Investigation Police Department of Ky Son District Police has issued a decision to initiate a criminal case and prosecute the suspect.and ordered the temporary detention of Pham Manh Hung on charges of embezzlement and abuse of power while performing official duties; and Truong Xuan Cuong on charges of abuse of power while performing official duties.

Or consider the case of "Abuse of power and authority while performing official duties" that occurred at the Management Board of Industrial Clusters in Quy Hop district.

Through intelligence gathering, authorities discovered that in this district, there was a situation of fabricating environmental status assessment reports to claim budget payments, causing losses to the State. The Department of Criminal Investigation of Corruption, Economic Crimes, Smuggling, and Environmental Crimes (Nghe An Provincial Police) established a special case to combat this.

Based on the investigation results, on April 25, 2024, the Criminal Investigation Department of the Nghe An Provincial Police issued a decision to prosecute Nguyen Thi Hong Nhung, a specialist in the Finance and Planning Department of the Quy Hop District People's Committee; and Pham Thi Giang, an employee of Viet Anh Environmental Joint Stock Company, for the crime of "Abusing official position and power while performing official duties" as stipulated in Article 356 of the Penal Code.

Expanding the investigation into the case, on June 10, 2024, the Criminal Investigation Department of the Nghe An Provincial Police issued a Decision to prosecute and an Arrest Warrant to detain two more individuals: Tran Duc Loi - Deputy Chairman of the Quy Hop District People's Committee; and Nguyen Van Khoa - Director of Viet Anh Environmental Joint Stock Company, for investigation into the same aforementioned crime.

Most recently, on June 30th, the Investigation Police Department of Nghe An province issued a decision to initiate a criminal case and prosecute three individuals for the crime of "Abusing official position and authority while performing official duties" related to irregularities that occurred at the Center for the Care of People with Meritorious Service to the Revolution in Nghe An province.

Accordingly, the police determined that in 2021, Ms. Nguyen Thi L. (at the time serving as Director of the Center for the Care of People with Meritorious Contributions to the Revolution in Nghe An province) colluded with Nguyen Ba Ngoc - Director of Hung Nguyen 268 Construction Joint Stock Company and Phan Hong Son - Chief Accountant of the Center for the Care of People with Meritorious Contributions to the Revolution in Nghe An province to falsify bidding documents, procurement documents, and payment documents for the procurement and investment of equipment and upgrading of facilities serving people with meritorious contributions to the revolution, in order to illegally withdraw money from the State budget for illicit gain and cause billions of dong in losses.

Additionally, in June 2024, authorities discovered one case involving three individuals accused of "abusing their position and authority while performing official duties" at the Nghe An Traditional Medicine Hospital.

Advanced responsibility for performing official duties

According to Dr. Nguyen Trong Hai, Director of Trong Hai & Associates Law Firm: Acts of abusing official positions and authority while performing official duties by officials and public servants not only cause damage to the State, organizations, and individuals but also erode public trust and negatively impact public opinion.

This is an offense belonging to the group of corruption and abuse of power crimes as stipulated in Article 356 of the 2015 Penal Code, amended and supplemented in 2017.

Accordingly, those who abuse their position and authority while performing their official duties may be prosecuted with penalties ranging from non-custodial correctional measures to 3 years, and up to 15 years of imprisonment, depending on the severity of the violation and the extent of property damage.

In addition, offenders may be prohibited from holding certain positions for a period of 1 to 5 years and may be fined from 10,000,000 VND to 100,000,000 VND.

Over the past period, Nghe An province has implemented many solutions to raise awareness and responsibility in performing official duties among cadres and civil servants; preventing cases of cadres and civil servants lacking self-cultivation, exploiting loopholes in management, mechanisms, and policies, and abusing their assigned powers and duties to harass or profit from corruption.

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

Accordingly, the Provincial People's Committee requests that all departments, agencies, and state-owned enterprises in the province, as well as the People's Committees of districts, cities, and towns, strictly implement the Prime Minister's directives on continuing to rectify and strengthen discipline and order in state administrative agencies at all levels; regularly organize inspections, examinations, and supervision of the performance of assigned tasks and powers by agencies, organizations, and individuals under their management; especially the performance of tasks and powers related to resolving administrative procedures for citizens and businesses, and the implementation of ethical standards, codes of conduct, internal regulations, and working procedures of agencies and units.

During inspections, examinations, and supervision, if violations are detected, measures shall be applied or recommended to competent state agencies in accordance with the law to prevent, correct, and promptly address violations of the law and public service ethics.

If necessary, request or propose that the competent authority conduct an inspection; if signs of crime are detected, recommend that the competent authority clarify and strictly handle the matter in accordance with the law.

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

It clearly states that the head of an agency or unit must bear direct and comprehensive responsibility for all aspects of its operations; and must enhance their own sense of responsibility, discipline, professional competence, ethical standards, and lifestyle, as well as that of their staff, civil servants, and employees.

The directive also requires directors of departments, heads of provincial agencies, and chairmen of the 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 those officials and civil servants with weak capabilities who do not meet job requirements; those who evade or shirk responsibility, affecting the overall task; and to detect and strictly handle agencies, units, heads of agencies and units, and officials and civil servants who cause delays, inconvenience, harassment, corruption, and negative practices.

In practice, cases of abuse of power and authority while performing official duties mainly occur due to the decline in professional ethics of officials and civil servants, low sense of responsibility in public service, and self-serving motives leading to violations.

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

Government agencies and departments also need to create conditions and promote the role of citizens as "eyes and ears" in detecting and strictly handling officials and civil servants who engage in harassment or cause inconvenience during the performance of their duties, especially in sensitive areas where violations are likely to occur.