Preventing violations in the performance of official duties

Case roll call

Most recently, on August 13, 2021, the Investigation Police Agency of Nghe An Province issued a decision to prosecute the case, prosecuting 4 defendants in Hop Thanh Commune, Yen Thanh District for the crime of "Taking advantage of position and power while performing official duties" as prescribed in Clause 2, Article 356 of the Penal Code.

4 defendants Nguyen Cong Bang, Truong Van Chung, Nguyen Thi Thuong, Nguyen Van Mao. Photo: Binh Minh - Trong Tuan

The defendants include: Nguyen Van Mao (born in 1963), former Chairman of the People's Committee of Hop Thanh Commune; Truong Van Chung (born in 1973), former Chief Accountant of the People's Committee of the Commune; Nguyen Cong Bang (born in 1986), former civil servant of land administration, construction, agriculture, and environment; Nguyen Thi Thuong (born in 1977), former civil servant of Justice and treasurer of the People's Committee of the Commune. At the same time, the Investigation Police Agency issued an order to search the residence and workplace; issued an order to temporarily detain the defendants Nguyen Van Mao and Truong Van Chung for a period of 4 months; and issued an order prohibiting the defendants Nguyen Thi Thuong and Nguyen Cong Bang from leaving their place of residence.

The police agency conducted an inventory of related assets and served decisions to prosecute the case, prosecuting 4 defendants in Hop Thanh commune, Yen Thanh district for the crime of "Abusing position and power while performing official duties". Photo: Binh Minh-Trong Tuan

According to investigation documents: During the period from 2016 to 2018, Mr. Nguyen Van Mao, at that time Chairman of the People's Committee of Hop Thanh commune, directed his subordinates to spend budget money in violation of regulations, amounting to hundreds of millions of VND per year. To legalize these illegal expenditures and conceal the violations, at the end of 2018, Mr. Mao directed his subordinates, including Mr. Chung, Mr. Bang, and Ms. Thuong, to create fake documents to support the construction of the Cultural House of Chua hamlet, Hop Thanh commune, causing a loss of 300 million VND to the State budget. In fact, the Cultural House of Chua hamlet, Hop Thanh commune was supported by the People's Committee of the commune to build in 2017, with an amount of 350 million VND. Currently, the Investigation Police Agency is actively expanding the investigation, consolidating evidence to handle according to the provisions of law.

The crime of abusing one's position and power while performing official duties is an act of intentionally and directly abusing one's position and power to violate official duties, causing damage to the interests of the State and the legitimate rights and interests of citizens by a person holding a position and power for personal gain or other personal motives. Previously, in the province, a number of cadres, civil servants, and party members were also prosecuted, investigated, and prosecuted for abusing their position and power while performing official duties, such as the group of cadres involved in violations in the implementation of the Socio-Economic Development Project for the O Du ethnic group.

Or the case of abusing one's position and authority to create fake records to implement support policies for people whose crop and aquaculture areas were damaged by natural disasters, causing a loss of more than 720 million VND in the period 2014-2018, causing the prosecution of two former leaders of Nghi Tien commune, Nghi Loc district and a land official. Then the violations occurred at the Yen Thanh Protective Forest Management Board, the Quy Hop Protective Forest Management Board... causing hundreds of millions of VND in damage to the State.

The subjects were former officials of Nghi Tien commune, Nghi Loc district. Photo: Vuong Linh

In addition, acts of exceeding authority, abusing power, and violating assigned duties also leave many painful lessons. Typically, cases related to the sale of land without authority, causing some former commune and hamlet officials to fall into legal trouble occurred in some localities such as Phuc Thanh commune (Yen Thanh), Nghia Dong, Nghia Thai (Tan Ky), Hung Yen Nam (Hung Nguyen)...

The above incidents are warnings about violations of public ethics, manifestations of “self-evolution” and “self-transformation” in the performance of assigned duties and tasks by cadres and party members. These incidents not only cause economic losses, affect the reputation of the Party organization and the State government apparatus at all levels, but also create negative public opinion in society.

According to Article 356 of the 2015 Penal Code, the crime of abusing one's position and power while performing official duties is the act of a person holding a position and power who, for personal gain or other personal motives, violates official duties, causing property damage of VND 10,000,000 or more, or causing other damage to the interests of the State, the rights and legitimate interests of organizations and individuals. In addition, according to Article 357 of the 2015 Penal Code, the crime of abusing one's position and power while performing official duties is the act of a person holding a position and power who, for personal gain or other personal motives, exceeds his or her authority, violates official duties, causing property damage of VND 10,000,000 or more, or causing other damage to the interests of the State, the rights and legitimate interests of organizations and individuals.

Improving public ethics, promoting the people's "eyes and ears"

The main reason for the abuse of position and power in the performance of public duties is the limited awareness, capacity, and moral qualities of a number of cadres, civil servants, and party members. The work of educating public ethics and handling violations of public ethics has not been truly effective; the exemplary role of leaders and managers at all levels has not been fully promoted; the promulgation of State policies and laws is still slow and lacks determination in implementation, so the effectiveness is not high...

Authorities read the arrest warrant for Mr. Kim Van Bon - Former officer of the Policy Department (Provincial Ethnic Minorities Committee). Photo: Trong Tuan

Resolution 4 of the Central Committee (12th tenure) clearly stated: “Taking advantage of and abusing positions and powers” ​​is one of the manifestations of very serious ideological, political, moral and lifestyle degradation of a number of cadres and party members with positions and power in the political system. Therefore, fighting and preventing this issue is of great significance in building and rectifying the Party, building an honest State administration and purifying the current cadre and party member contingent.

To do this, first of all, it is necessary to raise the sense of responsibility of cadres and party members in the fight against abuse of positions and powers for personal gain. In the annual assessment of the quality of cadres and party members, in addition to adhering to the Party's regulations and the Law on Civil Servants and Public Employees, it is necessary to base the study and practice of Ho Chi Minh's ideology, morality and style, especially on exemplary responsibility, professional ethics and the process of performing public duties.

Handling administrative procedures at the Nghe An province public administration service center. Illustrative photo

To specify Regulation No. 08-QD/TW of the Central Executive Committee, on July 8, 2019, the Provincial Party Standing Committee issued Regulation No. 2993-QD/TU on the exemplary responsibility of cadres and party members, first of all, members of the Provincial Party Standing Committee, members of the Provincial Party Executive Committee, and key leaders at all levels of the province.

The Provincial Party Committee and Provincial People's Committee also directed functional agencies to strengthen inspection, supervision, and enforcement of Party discipline; strengthen and improve the effectiveness of inspection, examination, and supervision of the performance of duties, responsibilities, and powers of cadres and Party members. Through many activities such as public service inspection, specialized inspection, thematic inspection, internal self-inspection, administrative reform, etc.

Promoting the “eyes and ears” of the people and the role of the press is also an important solution in the fight against the abuse of positions and powers, and abuse of power in the performance of public duties for personal gain. Reality in recent times has shown that many cases of abuse of positions and powers have been discovered by the masses, the press and public opinion.

Typically, the act of creating fake documents to support the construction of a hamlet cultural house by some former cadres of Hop Thanh commune (Yen Thanh) or violations in compensation for land acquisition and resettlement of the Chi Khe Hydropower Project by some former cadres of village 2/9, Chau Khe commune (Con Cuong)... were all investigated by the authorities, originating from the denunciation and accusation of violations by citizens.

The Investigation Police Agency of Nghe An Province Police has issued decisions to prosecute the case and prosecute Le Anh Duc, a former employee of Chi Khe Hydropower Joint Stock Company, for the crime of "Abusing position and power while performing official duties". Photo: Duc Vu

Besides, the goal of building a creative, honest, effective and efficient Government also requires each cadre and civil servant to raise awareness in practicing public ethics;determine the duty and responsibility to serve the Fatherland and the People, wholeheartedly and wholeheartedly fulfill the assigned tasks./.